RSS (often dubbed Really Simple Syndication) is a multipurpose, extensible metadata description and syndication format used to publish frequently updated works in a standardized format, such as blog entries, news headlines, audio, and video. As a general rule, an RSS document would include full or summarized text, plus metadata such as publishing dates and authorship.
Having started with the noble idea to serve as a form of syndication in which website material is made available to multiple other sites, RSS soon became a problem child, leading to numerous questions for discussion, including how copyright and related rights are protected if a website is quoting or reproducing information available on other websites through an RSS emission.
In line with Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, the Bulgarian Copyright and Neighboring Rights Act (“CNRA”) also provides for certain exceptions or limitations to reproduction and distribution restrictions regarding copyright and related rights, which could address some of the issues raised in relation with RSS formats’ use. The CNRA allows for reproduction by the mass media, communication to the public or making available of published articles on current economic, political or religious topics, in cases where such use is not expressly reserved, and as long as the source, including the author’s name, is indicated, unless this turns out to be impossible. In addition, quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, and that, unless this turns out to be impossible, the source, including the author’s name, is indicated is also permissible. However, the use of quotations shall be in accordance with fair practice, and to the extent required by the specific purpose.
Given the rapid development of web based media and content distribution with RSS, it is expected that issues related to infringements of copyright and related rights to become more and more prevalent in the future.
Law: Bulgarian Copyright and Neighboring Rights Act
