- CHAPTER I - GENERAL PROVISIONS
- CHAPTER II - COPYRIGHT
- ARTICLE 5: SUBJECT MATTER OF COPYRIGHT
- ARTICLE 6: SCIENTIFIC, LITERARY AND ARTISTIC WORKS
- ARTICLE 7: SEVERABILITY OF COPYRIGHT
- ARTICLE 8: WORKS NOT PROTECTED BY COPYRIGHT
- ARTICLE 9: COMMENCEMENT OF A COPYRIGHT
- ARTICLE 91: DEPOSIT OF WORK
- ARTICLE 10: PRESUMPTION OF AUTHORSHIP
- ARTICLE 11: JOINT AUTHORSHIP (CO-AUTHORSHIP)
- ARTICLE 12: RIGHTS OF THE AUTHOR (COMPILER) OF A COMPOSITE WORK
- ARTICLE 13: RIGHTS OF THE AUTHOR OF A DERIVATIVE WORK
- ARTICLE 14: EXCLUSIVE RIGHTS OF A PUBLISHER
- ARTICLE 15: COPYRIGHT IN AN AUDIOVISUAL WORK
- ARTICLE 16: COPYRIGHT IN A WORK CREATED IN THE COURSE OF EMPLOYMENT
- ARTICLE 17: MORAL RIGHTS OF AUTHORS
- ARTICLE 18: ECONOMIC RIGHTS OF AUTHORS
- ARTICLE 19: ECONOMIC RIGHTS IN COMPUTER PROGRAMS AND DATABASES
- ARTICLE 20: COPYRIGHT IN FINE ART WORKS
- CHAPTER III - LIMITATIONS ON ECONOMIC RIGHTS
- ARTICLE 21: REPRODUCTION OF A WORK BY NATURAL PERSONS FOR PERSONAL USE
- ARTICLE 22: REPROGRAPHIC COPYING OF A WORK BY LIBRARIES, ARCHIVES AND EDUCATIONAL INSTITUTIONS
- ARTICLE 23: USE OF A WORK WITHOUT CONSENT OF THE AUTHOR AND WITHOUT PAYING REMUNERATION
- ARTICLE 24: USE OF A WORK PERMANENTLY DISPLAYED IN PUBLIC PLACES
- ARTICLE 25: PUBLIC PERFORMANCE OF A MUSICAL WORK AT CEREMONIES
- ARTICLE 26: REPRODUCTION OF A WORK FOR COURT PROCEEDINGS
- ARTICLE 27: EPHEMERAL RECORDING OF A WORK BY A BROADCASTING ORGANIZATION
- ARTICLE 28: LIMITATIONS TO THE RIGTHS OF AN OWNER OF A COMPUTER PROGRAM AND DATABASE
- ARTICLE 29: FREE USE OF A COMPUTER PROGRAM (DECOMPILATION)
- ARTICLE 30: FREE USE OF DATABASE
- CHAPTER IV – TERMS OF PROTECTION OF COPYRIGHT
- CHAPTER V - TRANSFER OF COPYRIGHT
- ARTICLE 35: GROUNDS FOR TRANSFER OF COPYRIGHT
- ARTICLE 36: TRANSFER OF ECONOMIC RIGHTS OF AN AUTHOR
- ARTICLE 37: EXCLUSIVE LICENSE
- ARTICLE 38: NON-EXCLUSIVE LICENSE
- ARTICLE 39: USE OF A WORK AFTER GRANTING OF AN EXCLUSIVE LICENSE
- ARTICLE 40: LICENSE AGREEMENT
- ARTICLE 41: DELE
- ARTICLE 42: FORM OF AN AGREEMENT
- ARTICLE 43: COPYRIGHT AGREEMENT FOR COMISSIONED WORK
- ARTICLE 44: OBLIGATION TO COMPENSATE FOR DAMAGES
- CHAPTER VI - RELATED RIGHTS
- ARTICLE 45: RELATED RIGHTS
- ARTICLE 47: RIGHTS OF PERFORMERS
- ARTICLE 48: EXCLUSIVE RIGHTS OF A PHONOGRAM PRODUCER
- ARTICLE 49: EXCLUSIVE RIGHTS OF A VIDEOGRAM PRODUCER
- ARTICLE 50: EXCLUSIVE RIGHTS OF A BROADCASTING ORGANIZATION
- ARTICLE 51: FREE USE OF SUBJECT MATTER OF RELATED RIGHTS
- ARTICLE 53: EPHEMERAL (SHORT-TERM) FIXATION OF A BROADCAST BY A BROADCASTING ORGANIZATION
- CHAPTER VII - RIGHTS OF MAKERS OF DATABASES
- CHAPTER VIII - TERMS OF PROTECTION OF RELATED RIGHTS AND OF THERIGHTS OF MAKER OF DATABASE
- CHAPTER IX - PROTECTION OF COPYRIGHT, RELATED RIGHTS AND MAKER OF DATABASES
- ARTICLE 58: INFRINGEMENT OF COPYRIGHT, RELATED RIGHTS AND MAKERS OF DATABASES
- ARTICLE 59: PROTECTION OF COPYRIGHT, RELATED RIGHTS AND THE RIGHTS OF MAKERS OF DATABASES
- ARTICLE 60: COUNTERFEIT COPIES
- ARTICLE 61: MEASURES AND REMEDIES FOR PROTECTION OF COPYRIGHT, RELATED RIGHTS AND RIGHTS OF MAKERS OF DATABESE
- ARTICLE 62: STATE POLICY IN THE FIELD OF COPYRIGHT AND RELATED RIGHTS
- CHAPTER X - ADMINISTRATION OF ECONOMIC RIGHTS ON A COLLECTIVE BASIS
- ARTICLE 63: ESTABLISHMENT OF AN ORGANIZATION THAT ADMINISTERS ECONOMIC RIGHTS ON A COLLECTIVE BASIS
- ARTICLE 631: PUBLICITY OF ACTIVITY OF AN ORGANIZATION THAT ADMINISTERS ECONOMIC RIGHTS ON A COLLECTIVE BASIS
- ARTICLE 64: ACTIVITISE OF A COLLECTIVE MANAGEMENT ORGANIZATION
- ARTICLE 65: RIGHTS OF A COLLECTIVE MANAGEMENT ORGANIZATION
- ARTICLE 66: DUTIES OF A COLLECTIVE MANAGEMENT ORGANIZATION
- CHAPTER XI - TRANSITIONAL PROVISIONS
- CHAPTER XII - FINAL PROVISIONS
LAW OF GEORGIA ON COPYRIGHT AND NEIGHBORING RIGHTS
(Last amended as of May 4, 2010)
CHAPTER I - GENERAL PROVISIONS
ARTICLE 1: THE OBJECT OF THE LAW (03.06.2005 #1585)
This Law shall govern:
a. the relations associated with the economic and moral rights of authors that arise upon creation and use of scientific, literary and artistic works (copyright);
b. the relations associated with the copyright related rights of performers, producers of phonograms, videograms and broadcasting organization (hereinafter - the related rights);
c. the relations associated with makers of databases.
ARTICLE 2: INTERNATIONAL AGREEMENTS
Whereas international agreements, to which Georgia is a party, define the rules other than those of this Law, the rules of the international agreements shall apply.
ARTICLE 3: THE SCOPE OF THE LAW
This Law shall apply to:
a. scientific, literary and artistic works, performances, phonograms, videograms and databases, on which owner of copyright is national of Georgia, a natural person having habitual residence on the territory of Georgia and a legal entity with a seat on the territory of Georgia; (03.06.2005 #1585)
b. scientific, literary and artistic works, phonograms, videograms and databases first published in the territory of Georgia. The work, phonogram and videogram shall also be deemed to be first published in Georgia, if within 30 days after the first publication abroad they are published on the territory of Georgia; (03.06.2005 #1585)
c. performance first performed on the territory of Georgia; performance fixed on a phonogram or videogram, which is protected in accordance with subparagraph (b) of this Article; performance not being fixed on a phonogram or videogram but is carried by a broadcast of a broadcasting organization, which is protected in accordance with subparagraph (d) of this Article;
d. broadcasts of the broadcasting organization, which have obtained a broadcasting license as prescribed by the Georgian legislation and transmits a broadcast via transmitters located in Georgia, by the air, by cable, or by other analogous means; (03.06.2005 #1585)
e. architectural works located on the territory of Georgia, artistic works incorporated in an architectural work located on the territory of Georgia, notwithstanding the nationality and habitual residence of their authors;
f. other works of science, literature and art, performance, phonogram, videogram and broadcast of broadcasting organizations, which are protected by the international agreements to which Georgia is a party.
ARTICLE 4: DEFINITION OF TERMS USED IN THE LAW
The terms used in the Law shall have the following meaning:
a. "author" - a natural person as a result of whose intellectual and creative efforts a work has been created; b. "audiovisual work" - a work consisting of a series of images wheather or not accompanied by sound that imparts the impression of motion and can be seen and/or heard. To the audiovisual work belong cinematographic and other works that are expressed by means analogous to cinematography (tele-, video films, film strips, etc.);
c. "producer of an audiovisual work" - a natural or legal person who takes the initiative and has the responsibility for production of such a work; in the absence of proof to the contrary, the natural or legal person whose name is appropriately indicated on the work shall be regarded as the producer of audiovisual work;
(03.06.2005 #1585)
e. "publication" means making available to the public of copies of a work, phonogram, videogram or database with the consent of the author, other owner of copyright or related rights, and database maker through sale or rental, or other transfer of ownership of a work, phonogram, videogram or database in quantities sufficient to satisfy the reasonable public demand; (03.06.2005 #1585)
f. "rental" - making available for use, the original or a copy of the work or the subject- matter of related rights for a limited period of time and for direct or indirect economic or commercial advantage;
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h. "videogram producer" - a natural or legal person who takes the initiative and has the responsibility for the first fixation of a series of images with or without sound; in the absence of proof to the contrary, the natural or legal person whose name and/or title is appropriately indicated on the videogram and/or its case shall be considered the videogram producer;
i. "transmission by cable" - transmission of sounds or/and images for public reception through a wire, optical fiber cable or other analogous means; (03.06.2005 #1585)
i1) "retransmission by cable” – the simultaneous, unaltered and unabridged retransmission by a cable or microwave system of television or radio programs of an initial transmission by wire or by air, including that by satellite intended for reception by the public; (03.06.2005 #1585)
j. "computer program” - a set of instructions expressed in words, codes, schemes or in any other machine-readable form, which activates a computer in order to bring forth a particular result. The term also includes preparatory material for computer program design;
k. "broadcasting" - transmission of a sound or/and image by wireless communication, including by satellite (‘satellite’- any satellite operating on frequency bands which, under telecommunications law, are reserved for the broadcast of signals intended for reception by the public; ‘communication to the public by satellite’ – the act of introducing, under the control and responsibility of the broadcasting organization the program-carrying signals intended for reception by the public into an uninterrupted chain of communication leading to the satellite and down towards the earth); transmission of encrypted signals is ‘broadcasting’ where the means for decrypting are provided to the public by the broadcasting organization or with its consent; (03.06.2005 #1585)
l. "broadcast of broadcasting organization" – a unity of sounds or/and images designated for reception by the public that is transmitted by air or by a cable; (03.06.2005 #1585)
m. "database" - a collection of works, data or other material arranged in a systematic or methodical way and individually accessible by electronic or other means. The term does not imply a computer program which is used for making and application of a database accessible by electronic means; (03.06.2005 #1585)
n. "reproduction" – the making of one or more copies, directly or indirectly, in whole or in part, by any means and in any form, of a work, a subject matter of related rights or a database, including in the form of a sound and visual recording. The recording for temporary or permanent storage, in the electronic (including digital), optical or other machine-readable form shall also be deemed as reproduction; (03.06.2005 #1585)
n1 "temporary copy” – incidental or necessary transient copy of a work, recording of a performance, phonogram, videogram, database or broadcast of broadcasting organization which are an integral and essential part of a technical process; the sole purpose of temporary copy is to enable a transmission of a work and/or objects of related rights in a network between third parties by an intermediary, or a lawful use of a work and which have no independent economic significance.
o. "reprographic reproduction (copying)" – the making of a copy of the original of a work, data or other material expressed by written or graphic means or of facsimiles of copies thereof in any size by any means of photocopying or other technical means. The recording in an electronic form (including digital), optical or other machine-readable form shall not be deemed to reprographic reproduction; (03.06.2005 #1585)
p. "communication to the public" – the broadcasting of images and/or sounds of a work, performance, phonogram, videogram, database, broadcasting organization’s broadcast by cable or by other means (other than the diffusion of copies of a work or phonogram) in such a way that persons not belonging to the circle of family or friends of the family may access them from a place (places), which is so distanced from the place of broadcasting that without such broadcasting the image and/or sound may not be accessed from said place (places), including in a way that the subject matter of copyright and related rights and databases may be accessed by any person from a place and at a time individually chosen by them. (03.06.2005 #1585)
q. "public performance" – the presentation of a work, performance, phonogram, videogram, broadcasting organization’s broadcast by reciting, acting, singing, dancing or otherwise, either directly (live performance) or by means of any device in a place (places), where public performance may be accessed without necessary communication to the public and where the people present do not belong to the family circle friends of the family. The presentation of images of an audiovisual work sequentially shall be assimilated to the public performance of the work; (03.06.2005 #1585)
r. "public display" - any demonstration of a work, its original or a copy directly (exposition) or on a screen by means of a tape, slide, picture frame or otherwise, at a place (places) where the public display can be accessed without necessary communication to the public and where the people present do not belong to the family circle or friends of the family. The showing of individual picture frames of an audiovisual work non-sequentially shall be assimilated to the public display of the work; (03.06.2005 #1585)
s. "technological measure" - any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter, which are not authorized by the rightholder of any copyright or any right related to copyright; technological measures shall be deemed effective where the use of a protected work or other subject-matter is controlled by the rightholder through application of an access control or protection process (encryption, copy control mechanism, etc.) which achieves the protection objective;
s1. "circumvention of technological measures” – the application of a device or its component or/and other means for neutralizing technological measures; (03.06.2005 #1585)
t. "rights-management information" - any information which identifies the author or any other rightholder of a work or other subject-matter protected by this Law, or information about the terms and conditions of use of the work or other subject-matter protected by this Law, and any numbers or codes that represent such information, when any of these items of information is associated with a copy of, or appears in connection with the communication to the public; (03.06.2005 #1585)
u. "phonogram" – the fixation of the sounds of a performance, other sounds or of a representation of sounds. The term does not imply a fixation of the sounds incorporated in an audiovisual work; (03.06.2005 #1585)
v. "producer of a phonogram " - the natural or legal person who takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds; in the absence of proof to the contrary, the natural or legal person whose name and/or title is appropriately indicated on the phonogram and/or its case shall be deemed as the phonogram producer; (03.06.2005 #1585)
w. "fixation" – the embodiment of images and/or sounds in any material form, from which they can be perceived, reproduced or communicated through a relevant device; (03.06.2005 #1585)
x. "performer" - an actor (of drama, cinema, etc.), singer, musician, dancer, and other person who acts, delivers, sings, declaims, plays a musical instrument, or otherwise performs literary or artistic works, including a variety, circus, puppet or folklore show. (03.06.2005 #1585)
CHAPTER II - COPYRIGHT
ARTICLE 5: SUBJECT MATTER OF COPYRIGHT
1. Copyright shall apply to scientific, literary and artistic works which are the result of the intellectual and creative activity, whatever may be their purpose, value, genre, size, mode or form of expression.
2. Copyright shall apply to a work which exists in the objective form, irrespective of whether it has been published or made available to the public. (03.06.2005 #1585)
3. Copyright shall not apply to ideas, methods, processes, systems, means, concepts, principles, discoveries and facts, even if they are expressed, described, explained, illustrated or embodied in a work
ARTICLE 6: SCIENTIFIC, LITERARY AND ARTISTIC WORKS
1. Scientific, literary and artistic works are:
a. literary works (books, brochures, articles, computer programs, etc.);
b. dramatic and dramatico-musical works, choreographic works and pantomimes, and other works for stage performance;
c. musical works, with or without words;
d. audiovisual works; (03.06.2005 #1585)
e. works of sculpture, painting, engraving and lithography, fine arts, and similar works;
f. decorative-applied art or monumental art works;
g. dramatic-decorative art works;
h. architectural, town-planning or landscape architecture works;
i. photographic works to which are assimilated works expressed by a process analogous to photography. Individual images of an audiovisual work shall not be assimilated to photographic works,
j. maps, plans, sketches, illustration, and other works related to geography, cartography or other spheres; (10.10.2002 #1693) k. derivative works, in particular, translations, word for word translations of works of art, adaptations, screen and stage versions, reviews, compilation, musical arrangement, and other alterations of literary and art works;
l. composite works, in particular, collections (encyclopedias, anthologies, databases) and other compiled works which, by reason of the selection and arrangement of their contents, constitute intellectual creations;
m. other works. (03.06.2005 #1585)
2. Copyright in derivative and composite works shall subsist whether or not material included in them are subject-matter of copyright.
3. Derivative and composite works shall be protected as original works.
4. Protection of computer programs shall extend to all types of a computer program (including operational systems), which may be expressed in any language and form, including the initial text and objective code.
ARTICLE 7: SEVERABILITY OF COPYRIGHT
1. Copyright does not depend on ownership of material object in which the work is expressed.
2. The transfer of property or ownership of a material object will not cause the transfer of copyright on the work expressed in that object, except for the cases provided for by Article 18 of this Law.
ARTICLE 8: WORKS NOT PROTECTED BY COPYRIGHT
1. The following shall not be protected by copyright:
a. official documents (legislative acts, court decisions, other texts of administrative and regulatory nature), as well as official translations thereof;
b. official state symbols (flags, coats-of-arms, anthems, reward, banknotes, other state symbols and insignia);
c. information about facts and events.
2. In case the works mentioned in subparagraph "b" of this Article are used under an assumed name, protection of the right of authorship may be claimed.
ARTICLE 9: COMMENCEMENT OF A COPYRIGHT
1. Copyright in scientific, literary and artistic works is commenced upon their creation. A work shall be deemed created, when it is expressed in any objective form enabling its perception and reproduction.
2. Commencement and enjoyment of a copyright shall not be subject to any registration, special documentation for the work or compliance with other formalities.
3. Deleted. (03.06.2005 #1585)
4. In order to assert his right, the owner of exclusive rights on a work may use a copyright notice, which shall be affixed to every copy of the work and consist of the following three elements:
a. the Latin letter "C” in a circle ©;
b. the name of the owner of exclusive rights;
c. the year of first publication of the work.
ARTICLE 91: DEPOSIT OF WORK (03.06.2005 #1585)
1. The author or other copyright owner may deposit the original or a copy of a work with "Sakpatenti”. Person indicated in a deposition certificate shall be deemed to be the author of the work, unless otherwise proved. (04.05.2010 #3032 -Is)