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LAW OF COPYRIGHT AND RELATED RIGHYS

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LAW OF GEORGIA ON COPYRIGHT AND RELATED RIGHTS CHAPTER I

GENERAL PROVISIONS ARTICLE 1: PURPOSE OF THE LAW (03.06.2005 N1585)

This Law shall regulate:

a) relations associated with the economic and moral rights of authors

that arise upon the creation and use of scientific, literary and artistic works

(copyright);

b) relations associated with the copyright related rights of performers,

producers of phonograms, videograms and broadcasting organizations

(hereinafter - related rights);

c) relations associated with makers of databases.

ARTICLE 2: INTERNATIONAL AGREEMENTS If 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: SCOPE OF REGULATION This Law shall apply to:

a) scientific, literary and artistic works, performances, phonograms,

videograms and databases, on which the owner of copyright is a 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 N 1585)

b) scientific, literary and artistic works, phonograms, videograms and

databes, first published on the territory of Georgia. A 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 N1585)

c) performances, first performed on the territory of Georgia;

performances recorded on a phonogram or videogram, which is protected in

accordance with Subparagraph (b) of this Article; performances, not

recorded on a phonogram or videogram, but included in a broadcast of a

broadcasting organization, which is protected in accordance with

Subparagraph (d) of this Article;

d) broadcasts of the Public Broadcaster, Achara Broadcaster of the

public Broadcaster and radio, as well as broadcasts of another broadcaster,

which according to the rule prescribed by the legislation of Georgia has

obtained a broadcasting license and transmits a broadcast via transmitters

located in Georgia, by the air, by cable, or by other analogous means; (12.06.2015 N3694 shall enter into force from June 17, 2015)

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 scientific, literary and artistic works, performances,

phonograms, videograms and broadcasts 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 whether

or not accompanied by sound that imparts the impression of motion and can

be seen and/or heard. Audiovisual work includes cinematographic and other

works expressed by means analogous to cinematography (tele, video films,

film strips, etc.);

c) producer of an audiovisual work – a natural person or legal entity

who has taken the initiative and has assumed the responsibility for

production of such a work; in the absence of proof to the contrary, the

natural person or legal entity whose name is appropriately indicated on the

work shall be regarded as the producer of an audiovisual work;

d) making available to the public – any act (other than publication), as

a result of which, either directly or through a technical device, a work,

performance, phonogram, videogram, broadcast of broadcasting

organization or database became available to the public; (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 or 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 the original or a copy of a work or the

subject- matter of related rights for a limited period of time for use to receive

profit;

g) videogram – a recording of a series of related images in any

material form, whether or not accompanied by sound;

h) videogram producer – a natural person or legal entity 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 a natural

person or legal entity 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 – simultaneous, unaltered and unabridged

retransmission by 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 unity 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 rules, are reserved for the

broadcast of signals intended for reception by the public; communication to

the public by satellite – the act of receiving under the control and

responsibility of the broadcasting organization the program-carrying

signals; programs intended for reception by the public are received as an

uninterrupted chain of communication - leading up towards 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 a broadcasting organization – a unity of sounds or/and

images designated for reception by the public that is transmitted by air or by

cable; (03.06.2005№1585) m) database – a collection of works and/or other data and material

arranged in a systematic or methodical way, which is individually accessible

by electronic or other means. The term does not imply a computer program

which is used during making and application of a database accessible by

electronic means; (03.06.2005№1585) n) reproduction – making of one or more copies of a work, a subject

matter of related rights or a database, directly or indirectly, in whole or in

part, by any means and in any form, including in the form of a sound and

video recording. Recording for temporary or permanent storage, in an

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 is an integral and essential part of a

technical process; the sole purpose of a temporary copy is to enable the

transmission of a work and/or subject-matters of related rights in a network

between third parties during an intermediary or lawful use of a work and

which has no independent economic significance. (03.06.2005№1585) o) reprographic reproduction (copying) – making of facsimile

reproduction of the original or a copy of a work, data or other material

expressed by the written or graphic means in any size by any means of

photocopying or other technical means. Recording in an electronic form

(including digital), optical or other machine-readable form shall not be

deemed as reprographic reproduction; (03.06.2005№1585) p) communication to the public – broadcasting of images and/or

sounds of a work, performance, phonogram, videogram, database, broadcast

of a broadcasting organization by cable or by other means (other than

diffusion of copies of a work or phonogram) in such a way that persons not

belonging to the circle of the family or friends of the family may access

them from a place (places), so distanced from the place of broadcasting that

without such broadcasting the image and/or sound may not be perceived at

the receiving place (places), including in a way that the subject-matter of

an individually chosen time and place. (03.06.2005№1585) q) public performance – presentation of a work, performance,

phonogram, videogram, broadcast of a broadcasting organization by reciting,

acting, singing, dancing or other form, directly (live performance) or by

means of any device in a place (places), where the public performance may

be accessed without necessary communication to the public and where there

may be present the people not belonging to the circle of the family or friends

of the family. Presentation of images of an audiovisual work as a sequence

shall be assimilated to the public performance of the work; (03.06.2005 № 1585)

r) public display – demonstration of the original or a copy of a work

directly or on a screen by means of a tape, slide, picture frame or other

technical means, at a place (places) where the public display can be accessed

without necessary communication to the public and where there may be

present the people not belonging to the circle of the family or friends of the

family. 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 its component

during the normal functioning of which acts are prevented or restricted that

are not authorized by the holder of copyright or other rights; technological

measures shall be deemed effective where the use of a protected work or

other subject-matter is controlled by the rightholder through processes

(encryption, restriction of copying, etc.) which serve the purpose of

protection; (03.06.2005№1585) s1) circumvention of technological measures – use of a device or its

component or/and other means for neutralizing technological measures;

(03.06.2005№1585) t) rights management information – any information by means of

which the author or other rightholder of a work or other subject-matter

protected by this Law, or information on the terms and conditions of use of

the work or other subject-matter protected by this Law, as well as any

numbers and codes in which such information is given, if any of element of

this information is indicated on a copy of a work or other subject-matter

protected by this Law or appears during their communication to the public;

(03.06.2005№1585) u) phonogram – a fixation of the sounds of a performance, other

sounds or a signal expressing sounds. The term shall not imply a fixation of

the sounds incorporated in an audiovisual work; (03.06.2005№1585) v) producer of a phonogram – a natural person or legal entity who has

taken the initiative and has assumed 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 person or legal entity whose name and/or title is

appropriately indicated on the phonogram and/or its case shall be deemed as

the producer of the phonogram; (03.06.2005№1585) w) fixation – embodiment of images and/or sounds in any material

form, which allows their perception, reproduction or communication through

a technical device; (03.06.2005№1585) x) performer – an actor (of theatre, cinema, etc.), singer, musician,

dancer or other person who acts, delivers, sings, declaims, plays a musical

instrument or otherwise performs a literary or artistic work, a variety, circus,

puppet or folklore show. (03.06.2005№1585) CHAPTER II COPYRIGHT

ARTICLE 5: SUBJECT- MATTERS OF COPYRIGHT 1. Copyright shall apply to scientific, literary and artistic works which

are the result of the intellectual and creative activity, irrespective of their

purpose, value, genre, size, form or means 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 or

entertainments in dumb show, 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, lithography, fine arts and

other similar works;

e) works of decorative-applied or monumental art;

f) works of dramatic-decorative art;

g) works of architecture, town planning or landscape art;

h) 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;

i) maps, plans, sketches, illustrations and other similar 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,

compilations, musical arrangements and other alterations of literary and

artistic works;

l) composite works, in particular, collections, encyclopedias,

anthologies, databases and other works which, by reason of the selection and

arrangement of their contents, constitute intellectual creations; (03.06.2005

№1585) m) other works.

2. Copyright in derivative and composite works shall subsist whether

or not the works on which they are based or which are included in them are

subject-matters of copyright.

3. Derivative and composite works shall be protected as original

works.

4. Protection of computer programs shall extend to all types of

computer programs (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 shall not depend on the right of ownership of th4e

material object in which the work is expressed.

2. The transfer of property or ownership of a material object shall not

entail 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 their official translations;

b) official state symbols (flags, coats-of-arms, anthems, rewards,

banknotes, other state symbols and insignia);

c) information about facts and events.

2. In case the works mentioned in subparagraph “b” Paragraph 1of

this Article are used under an assumed name, it is possible to protect the

right of authorship.

ARTICLE 9: COMMENCEMENT OF A COPYRIGHT 1. Copyright in scientific, literary and artistic works shall commence

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 exercising of copyright shall not be subject to

registration, special documentation for the work or compliance with other

formalities.

3. Repealed. (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 shall 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 AWORK (03.06.2005№1585)

1. The author or other owner of copyright shall be entitled to deposit

the original or a copy of a work with “Sakpatenti”. In the absence of proof to

the contrary, the person indicated in a deposition certificate shall be deemed

as the author of the work/owner of copyright. (04.05.2010№3032) 2. Upon deposit of the original or a copy of a work with “Sakpatenti”,

the depositor shall not infringe the copyright or other rights of other persons

related to the work.

3. The depositor shall be responsible for the accuracy and reliability of

the documents deposited with “Sakpatenti”.

4. If a work is submitted to “Sakpatenti” by the author’s heir,

successor in title, or other person holding the copyright, the application shall

be attached with a document certifying the applicant’s succession or

ownership of the copyright.

5. Upon deposit of a work with “Sakpatenti” through a representative

of the author, the application shall be attached with a power of attorney.

6. The information related to a work deposited with “Sakpatenti” in

accordance with this Article may be made available to the public at the

request of the author or other owner of copyright.

7. Deposition of a work shall be subject to a fee, which shall be

determined by the decree of the Government of Georgia. (04.05.2010 № 3032)

ARTICLE 10: PRESUMPTION OF AUTHORSHIP 1. The person who is appropriately indicated as the author on the

original or a copy of a work shall be deemed to be the author of the work, in

the absence of proof to the contrary. This provision shall also apply upon the

publication of a work under a pseudonym, provided that the author is

generally recognized under this pseudonym.

2. When a work is published under a pseudonym (except for the cases

when the author is generally recognized under the pseudonym) or

anonymously, the publisher, whose name or designation is appropriately

indicated on the work, shall be considered as a representative of the author,

in the absence of proof to the contrary. He/she as the authorized

representative is entitled to protect the author’s rights and ensure their

enforcement. This provision shall apply until the author of such a work

reveals his/her identity.

ARTICLE 11: JOINT AUTHORSHIP (CO-AUTHORSHIP) 1. Copyright in a work created as a result of joint intellectual and

creative activity of two or more persons (co-authorship) shall belong to the

co-authors jointly, irrespective of whether such a work constitutes a single

unitary whole, or consists of parts, each of which has an autonomous

meaning. Mutual relations of the co-authors shall be determined by an

agreement concluded between them. (03.06.2005№1585) 2. None of the co-authors shall have the right to prohibit the use of the

joint work without a valid reason.

3. According to the agreement of the co-authors, the work may be

published or made available to the public under a joint pseudonym.

(03.06.2005№1585) 4. Each co-author shall be entitled to use the part of the joint work

created by him/her and having an autonomous meaning, unless the

agreement concluded between them provides otherwise.

5. A part of the work created under co-authorship shall be considered

as having an autonomous meaning, provided that it can be used without

other parts of the work as well.

ARTICLE 12: RIGHTS OF AN AUTHOR (COMPILER) OF A COMPOSITE WORK

1. The author of a composite work (compiler) shall enjoy copyright in

the selection and arrangement of the material, which represents the result of

his/her intellectual and creative activity.

2. The compiler shall not infringe the copyright of the authors of the

works included in the compilation.

3. The authors of works included in a composite work are entitled to

use their works independently from the compilation, unless the copyright

agreement provides otherwise.

4. The copyright of a compiler shall not prevent other parties to make

the selection and arrangement of the same material for creating their

compilations.

ARTICLE 13: RIGHTS OF THE AUTHOR OF A DERIVATIVE WORK

1. The author of a derivative work shall enjoy copyright in the

adaptation made by him/her.

2. The author of a derivative work shall not infringe copyright of the

author of the original work.

3. The copyright of the author of a derivative work shall not prevent

other parties from adapting the same work.

ARTICLE 14: EXCLUSIVE RIGHTS OF A PUBLISHER

1. Publishers of encyclopedias, encyclopedic dictionaries, scientific

works, periodic and serial collections, newspapers, magazines, and other

periodicals shall enjoy the exclusive right of using the works included in

these editions. The publisher shall be authorized, upon use of such works in

any form, to indicate his/her name or claim its indication. A work included

in a newspaper, magazine or other periodical shall not be used by another

person without the consent of the publisher of this newspaper, magazine or

periodical or the author of such a work, except for the cases prescribed by

this Law. In the case of use of an exclusive material published in the press or

other mass media by other information media, a reference shall be made to

the information medium where the material was published first. (09.09.1999

№2388 Sakartevlos matsne№43(59)) 2. Authors of the works included in the editions mentioned in

Paragraph 1 of this Article shall retain the exclusive right of using their

works, unless the copyright agreement provides otherwise.

ARTICLE 15: COPYRIGHT IN AN AUDIOVISUALWORK 1. Authors (co-authors) of an audiovisual work are: the director,

author of the screenplay, author of the dialogues, author of the musical work

with or without lyrics, specially created for this audiovisual work.

2. Conclusion of an agreement for the creation of an audiovisual work

shall invoke transfer of the exclusive right to use the work from the authors

(co-authors) to the producer of the audiovisual work, unless the agreement

provides otherwise. The authors (co-authors) of the work shall retain the

right to receive remuneration (royalty) from the user (a broadcasting

organization, movie theater, etc.) for using the work in any form. Any other

agreement between the producer of the audiovisual work and authors shall

be null and void. The right shall be exercised only through a collective

management organization, except for the case when the user has paid the

remuneration directly to the author (co-authors), whereas the submission of

the documents in evidence of the above to the collective management

organization shall be the obligation of the user. (03.06.2005№1585) 3. The producer of an audiovisual work shall be entitled to indicate

his/her name or to claim such an indication in case of using the work in any

form.

4. The author of the pre-existing work, which has been adapted or

included as a component in the audiovisual work, as well as the author of the

work created in the process of making the audiovisual work, shall retain

the right to use the works independently, unless the agreement provides

otherwise, on condition that such use shall not interfere with the normal

exploitation of the audiovisual work.

ARTICLE 16: COPYRIGHT IN A WORK CREATED IN THE COURSE OF EMPLOYMENT

1. Copyright in a work created in the course of fulfillment of an

employer’s order (work created in the course of employment) shall belong to

the employer unless the agreement provides otherwise. (04.05.2010№3032) 2. Repealed. (03.06.2005№1585) 3. Repealed. (04.05.2010№3032) 4. Repealed. (04.05.2010№3032)

5. Repealed. (04.05.2010№3032) 6. The employer is entitled when using in any form a work created in

the course of employment indicate his/her name or to claim such an

indication. (04.05.2010№3032) 7. Upon use of a work created in the course of employment in any

form, the amount of remuneration (royalty) and the rule of its payment may

be determined by an agreement between the author and employer.

(04.05.2010№3032) 8. Repeaed. (03.06.2005№1585) ARTICLE 17: MORAL RIGHTS OF AN AUTHOR OF A

WORK 1. The author of a work shall have the following moral rights:

a) the right to be recognized as the author of the work and claim such

recognition on every copy and/or upon use of the work in any form, as

prescribed, including the right to have the author’s name mentioned (the

right of authorship);

b) the right to indicate a pseudonym instead of the name and claim

such indication on each copy and/or upon use in any form, as prescribed,

also to refuse the mention of the name (the right to be named);

c) the right to decide when, where and in which form to reveal the fact

of creation of the work; (03.06.2005№1585) d) the right to authorize other persons to make modifications to the

work, as well as to its title or the author’s name, also to object to making of

unauthorized modifications to the work (the right of integrity);

e) the right to safeguard the work from any distortion or other

encroachment which would be prejudicial to the author’s honour, dignity or

reputation (the right to good name and reputation);

f) the right to authorize other persons to add to the work the works

(illustration, foreword, afterword, commentary, explanation, etc.) of other

authors;

g) the right to claim termination of the use of the work (the right of

recall a work). In this case, the author shall announce the recall publicly. The

right of recall of a work shall not apply to the work created in the course of

employment.

2. The right provided by Subparagraph (g) of Paragraph 1 of this

Article shall be exercised at the author’s expense. The author shall

compensate the user of the work for the damages incurred, including lost

profits. The author also may, at his/her own expense, withdraw from

circulation the copies of the work made earlier for the purpose of sale or

rental or other transfer of ownership. (03.06.2005№1585) 3. The author shall enjoy moral rights independently from his

economic rights and shall retain them even if the economic rights have been

ceded.

4. The transfer of moral rights during the lifetime of the author shall

be inadmissible. Their enforcement after the author’s death shall be carried

out as prescribed by this Law.

ARTICLE 18: ECONOMIC RIGHTS OF AN AUTHOR OF A WORK

1. The author or other owner of copyright shall have the exclusive

right to use a work in any form.

2. The exclusive right to use a work shall mean the right to exercise,

authorize or prohibit the following:

a) reproduction of the work (the right of reproduction);

b) distribution of the original or copies of work by sale or other

transfer of ownership (the right of distribution); (03.06.2005№1585) c) importation of copies of the work for the purpose of sale or rental

or other transfer of ownership, including the copies made with the consent of

the author or other owner of copyright (the right of importation);

(03.06.2005№1585) d) public display of the work (the right of public display). This right

shall not apply where the public display is the result of a lawful purchase of

the work put in civil circulation;

e) public performance of the work (the right of public performance);

f) communication to the public of the work, including the first

transmission and/or retransmission by wire or wireless means so that it may

be accessed by any person at a time and place chosen by him/her (the right

of communication to the public); (03.06.2005№1585) g) translation of the work (the right of translation);

h) adaptation of the work (the right of adaptation);

i) renting of the original or copies of the work and/or transfer of

ownership in other form; (03.06.2005№1585) j) usage of the work otherwise. (03.06.2005№1585) 3. The author or other owner of exclusive copyright shall be entitled

to receive remuneration for the use of the work in any form (the right of

remuneration).

4. The first sale of a copy of a work in Georgia by the author or with

his/her consent shall exhaust the author’s right to further distribution of that

copy within Georgia. (03.06.2005№1585) 5. Authors or other owners of copyright of musical works expressed in

graphic form, audiovisual works, computer programs, databases, and works

fixed in a phonogram or videogram shall enjoy the exclusive right of

authorizing the rental or other transfer of ownership of the originals or

copies of these works, notwithstanding the copyright in this original or

copies. (03.06.2005№1585) 6. The exclusive right to use architectural, town-planning and

landscape architecture projects shall include the right of implementation of

such projects.

7. The amount of the remuneration, the rule of its calculation and

payment for any use of the work shall be determined under an agreement

concluded between the author, other owner of copyright or a collective

management organization of economic rights, on the one hand, and, the user,

on the other one. In the case of retransmission of the work by cable, the

amount of the remuneration, the rule of its calculation and payment shall be

determined by an agreement concluded between the organization and the

user only. If the above-mentioned organization and the user fail to agree, the

amount of the remuneration, the rule of its calculation and payment shall be

determined shall, subject to the request by any party or the parties, be

determined by “Sakpatenti”. The decision of “Sakpatenti” may be appealed

against in court within 2 months from taking the decision. (03.06.2005 №

1585)

8. The person who after expiry of the copyright term for the first time

makes available to the public by publication or communication to the public

the work not published or communicated to the public earlier shall enjoy

economic rights in this work provided for by Paragraph 2 of this Article.

(03.06.2005№1585) 9. The limitations on economic rights stipulated by Paragraph 2 of this

Article shall be determined by Articles 21-28 of this Law, provided that such

limitations shall not conflict with normal exploitation of the work or

unreasonably prejudice the legitimate interests of the author or other

ARTICLE 19: ECONOMIC RIGHTS IN COMPUTER PROGRAMS AND DATABASES

1. The author of a computer program shall, along with the rights

defined by Article 18 of this Law, enjoy the exclusive to exercise, authorize

or prohibit the following:

a) reproduction of a computer program by any means and in any form,

in whole or in part. If such reproduction is necessary for loading, displaying,

running, transmitting or storing of the computer program, it shall be subject

to authorization by the author;

b) translation of a form, adaptation, arrangement and any other

alteration of a computer program and reproduction of the obtained results

without prejudice to the rights of the person who alters the computer

program; (03.06.2005№1585) c) Repealed. (03.06.2005№1585).

2. The author of a database shall, along with the rights defined by

Article 18 of this Law, enjoy the exclusive right to exercise, authorize or

prohibit the following:

a) temporary or permanent reproduction of the database by any means

and in any form, in whole or in part;

b) translation, adaptation, arrangement and any other alteration of the

database and reproduction, distribution, communication to the public, public

display or public performance of the obtained results; (03.06.2005№1585) c) Repealed; (03.06.2005№1585) d) any communication, display or performance to the public, including

interactive, live broadcast.

ARTICLE 20: RIGHTS OF AUTHORS OF FINE ARTWORKS 1. The author of a fine art work is entitled to request from the owner

of the work to give him an opportunity to exercise his right of reproduction

of the work (right of permission). At that, the owner shall not be obliged to

deliver the work to the author.

2. After the first disposal, in each case of resale of the originals of

works of fine art and photography, including through professional

intermediaries (art salon, fine art gallery, etc.) the author or his/her legatees

are entitled to receive remuneration, in the following amounts: (03.06.2005

№1585) a) if the sale price is GEL 500 to 100,000 – 4 percent;

b) if the sales price is GEL 100,000.01 to 400,000 – GEL 4,000 + 3

percent of the sum over GEL 100,000.01;

c) if the sales price is GEL 400,000.01 to GEL 700,000 – GEL 13,000

+ 1 percent of the sum over 400,000.01;

d) if the sales price is GEL 700,000.01 to GEL 1,000,000 – GEL

16,000 + 0.5 percent of the sum over 700,000.01;

e) if the sales price is over GEL 1,000,000 – GEL 17,500 + 0.25

percent of the sum over 1,000,000.

3. The remuneration provided for by Paragraph 2 of this Article shall

be collected by a collective management organization of economic rights, at

whose request the seller of fine art or photographic works shall furnish the

above-mentioned organization with the sales-related information. The

remuneration prescribed by Paragraph 2 of this Article (without taxes) shall

not exceed GEL 25,000. (03.06.2005№1585) 4. For the purposes of this Article, copies of the original of the fine art

and photographic work specified in Paragraph 2 manufactured in limited

quantities by the author or with his/her authorization shall be equated with

the original work. (03.06.2005№1585) 5. It is prohibited to assign the right provided for by Paragraph 2 of

this Article in the lifetime of the author to other persons and may only be

succeeded to the heirs at law or by the will of the author for the term of

ARTICLE 21: REPRODUCTION OF A WORK BY NATURAL PERSONS FOR PERSONAL USE

1. A natural person may reproduce a work made available to the

public by means of lawful publication or making available to the public only

for personal use without consent of the author or other owner of copyright

and without payment of remuneration to him/her, except for the cases

stipulated by Paragraphs 2 and 3 of this Article. (03.06.2005№1585) 2. Paragraph one of this Article shall not apply in case of:

a) reproduction of architectural works in the form of buildings;

b) reproduction of electronic databases, except for the cases provided

for by Articles 28 and 30 of this Law; (03.06.2005№1585) c) reproduction of computer programs, except for the cases provided

for by Articles 28 and 29 of this Law;

d) reprographic copying of books (wholly), music notations (musical

work in a graphic form) and works of fine arts;

e) reproduction of an audiovisual work or a work fixed in a

phonogram or videogram. (03.06.2005№1585) 3. In the case of reproduction of an audiovisual work or a work fixed

in a phonogram by a natural person for personal use, the author or other

this Article, be entitled to the receipt of respective remuneration.

4. The remuneration for the reproduction for personal use shall be

paid by producers and importers of equipment (audio and video recorders

and other equipment) and material carriers (audio and video tapes, cassettes,

laser disks, compact disks, and other material carriers).

5. The remuneration shall be collected and distributed by one of the

collective management organizations of economic rights of authors,

performers and phonogram producers, under an agreement concluded

between these organizations. Unless the agreement provides otherwise, the

remuneration shall be distributed as follows: 40 percent - to the authors, 30

percent - to the performers, and 30 percent - to the phonogram producers.

The above-mentioned organizations are entitled to request from natural and

legal persons, including governmental organizations and institutions, the

information concerning production and importation of the equipment and

material carriers referred to in Paragraph 4 of this Article.

6. The amount and the rule for payment of the remuneration shall be

determined by an agreement between the above-mentioned producers and

importers, on the one hand, and one of the collective management

organizations of economic rights of authors, performers and phonogram

producers, on the other one. If the parties fail to agree, the amount of the

remuneration, the rule for its calculation and payment, on the basis of a

request of one of the parties or the parties, shall be determined by

“Sakpatenti”. The decision of “Sakpatenti” may be appealed against in court

within 2 months of taking the decision. (03.06.2005№1585) 7. The remuneration shall be distributed among the authors of the

works and other owners of copyright and related rights, referred to in

Paragraphs 3 and 5 of this Article. (03.06.2005№1585) 8. The remuneration shall not be paid in respect to the equipment and

material carriers provided for by Paragraph 4 of this Article, which

represent:

a) the subject of export;

b) the professional equipment not intended for domestic use.

9. The remuneration shall not be also paid in the case of importation

of the se equipment and material carriers by natural persons for personal

purposes.

10. The right of reproduction of the copyrighted works provided for

by this Law shall not apply to a temporary copy. (03.06.2005№1585) ARTICLE 22: REPROGRAPHIC COPYING OF A WORK BY

LIBRARIES, ARCHIVES AND EDUCATIONAL INSTITUTIONS Reprographic copying, without receiving direct or indirect

profit, shall be permitted without the consent of the author or other copyright

owner and without paying remuneration to him/her, as long as the author’s

name and the source is indicated, and in separate cases – to the extent

justified by the set purpose. Such reprographic copying shall be permitted:

a) in a single copy, to replace by libraries and archives copies of

lawfully published works that have been lost, damaged or become unusable;

to replace copies from collections of other libraries that have been lost,

damaged or become unusable in order to transfer them to these libraries, if it

is impossible to obtain such copies in another manner under ordinary

conditions; (03.06.2005№1585) b) in a single copy of lawfully published individual articles and other

small-volume works, or excerpts from written works (other than computer

programs), by libraries and archives, at the request of natural persons, for

educational, scientific or personal purposes; (03.06.2005№1585) c) of short extracts from the lawfully published individual articles and

other small-volume works, or written works (other than computer programs),

by educational institutions for teaching purposes. (03.06.2005№1585) ARTICLE 23: USE OF A WORK WITHOUT CONSENT OF THE AUTHOR ANDWITHOUT PAYING REMUNERATION

Without the consent of the author and without paying remuneration to

him/her, but subject to mandatory indication of the author and the source

used, the following shall be permitted:

a) quotation from works made available to the public by means of

lawful publication or making available to the public, for scientific, research

polemic, criticism and information purposes, to the extent justified by the

purpose of quotation, including reproduction of short extracts from

newspapers and journals for a printed survey; (03.06.2005№1585) b) use of short extracts from works made available to the public by

means of lawful publication, for the purpose of illustrations, in printed

matter, radio and television programs, sound and visual recordings of

educational character, to the extent justified by the set purpose; (03.06.2005

№1585) c) reproduction in newspapers or communication to the public of

articles on current economic, political or religious topics, lawfully published

by periodicals or made available to the public and works of same characters

communicated to the public, in case where such reproduction is not

expressly prohibited by the author or other owner of copyright. Besides, the

author shall reserve the right of publication of such works in a collection;

(03.06.2005№1585) d) reproduction or communication to the public of the works or heard

in the process of reviewing current events, by means of taking photos,

broadcast or cable transmission, to the extent justified by the informatory

purpose;

e) reproduction or communication to the public of publicly delivered

political speeches, reports, lectures, addresses, sermons and other similar

works, including speeches made at court sessions through newspapers,

journals and other periodicals, to the extent justified by the informatory

purpose. At that, the author shall reserve the exclusive right of publication of

such works either as a separate collection, or as a book;

f) reproduction of a lawfully published work, made for the blind using

the Braille printing or other specific means, without any commercial

advantage, except for the works specially created for such uses.

ARTICLE 24: USE OF A WORK PERMANENTLY DISPLAYED IN PUBLIC PLACES

It shall be permitted to reproduce or communicate to the public

without the consent of the author or other copyright owner and without

payment of remuneration to him/her images of works of architecture,

photography, and fine arts permanently displaced in public places, except for

the cases when the image of a work is the main object for such reproduction

or communication to the public, or is used for commercial purposes.

ARTICLE 25: PUBLIC PERFORMANCE OF A MUSICAL WORK AT CEREMONIES (03.06.2005№1585)

Public performance of a musical work lawfully published or made

available to the public by means of lawful publication or communication

may be performed in public without the consent of the author or other owner

of copyright and without payment of remuneration to him/her during

official, religious and funeral ceremonies, to the extent justified by the

character of such a ceremony.

ARTICLE 26: REPRODUCTION OF A WORK FOR COURT PROCEEDINGS

A work may be reproduced for court proceedings without the consent

of the author or other owner of copyright and without payment of

remuneration to him/her, to the extent justified by the set purpose.

ARTICLE 27: EPHEMERAL RECORDING OF A WORK BY A BROADCASTING ORGANIZATION A broadcasting organization is authorized, without the consent of the author

or other owner of copyright and without payment of additional remuneration

him/her, make ephemeral (short-term) recordings of the works, with respect

to which the organization has the right to use it in broadcasting, provided

that:

a) it makes such recordings by means of its own facilities, for its own

broadcasts;

b) it shall destroy such recordings within 6 months after their making,

unless a longer period has been agreed with the author of the recorded work.

These recordings may be preserved in official archives without the author’s

consent only on the grounds of their exceptional documentary character.

ARTICLE 28: LIMITATIONS TO THE RIGTHS OF AN OWNER OF A COMPUTER PROGRAM AND A DATABASE

1. A person who lawfully owns a copy of a computer program or a

database shall have the right without authorization of the author or other

owner of copyright and without payment of remuneration to him/her:

a) to make alterations to the computer program or database where they

are necessary for the functioning of technical facilities of the user, as well as

to carry out any act related to the functioning of the computer program or

database, including loading and storing in the computer memory (for one

computer or one network user), as well as correction of apparent errors,

unless the copyright agreement provides otherwise;

b) to make a back-up copy of the computer program or database,

provided that this copy is designated for archival purposes only and for

replacement of the lawful owner’s copy that has been lost, destroyed or

become unusable.

2. The back-up copy of the computer program or database may not be

used for a purpose other than those prescribed by Paragraph1of this Article

and shall be destroyed as soon as the right of ownership of the computer

program or database owner is terminated.

ARTICLE 29: FREE USE OF A COMPUTER PROGRAM (DECOMPILATION)

A person who lawfully owns a copy of the computer program is

authorized, without the consent of the author or other owner of copyright

and without payment of remuneration to him/her, to carry out decompilation

of the computer program (to reproduce and transform the objective code into

the initial text), also entrust decompilation to other persons in the case when

it is necessary to achieve interoperability of a computer program

independently created by him/her with other programs, provided that the

following conditions are met:

a) these acts are performed by the person having a right to use a copy

of the program, or on his/her behalf by a person authorized to do so;

b) the information necessary to achieve interoperability has not

previously been available to the person from other sources;

c) these acts are related to the parts of the decompiled program which

are necessary to achieve interoperability;

d) the information obtained through decompilation shall be used only

to achieve interoperability of the independently created computer program

with other programs. This information shall not be given to other persons or

to be used for the development of a new computer program, substantially

similar to the decompiled program, or for any other act which infringe

ARTICLE 30: FREE USE OF DATABASE The lawful user of the original or a copy of a database is entitled to

perform the acts provided for by Article 19 of this Law without the

authorization of the author of the database or other owner of copyright when

they are necessary for the purposes of access to the database and its normal

use. If the lawful user is authorized to use only part of the database, this

provision shall apply only to that part.

CHAPTER IV TERM OF VALIDITY OF COPYRIGHT

ARTICLE 31: COMMENCEMENT AND DURATION OF COPYRIGHT

1. Copyright shall commence upon creation of a work and shall run

for the life of the author and for 70 years after his/her death, except for the

cases provided for by Article 32 of this Law.

2. Calculation of the terms prescribed by this Article and Article 32 of

this Law shall commence from January 1 of the year following the year in

which the legal event, serving as a basis for commencing the running of the

above-mentioned terms, has occurred.

ARTICLE 32: TERMS OF PROTECTION OF COPYRIGHT 1. Copyright in a work, published or made available to the public as

an anonymous or pseudonymous work, shall run for 70 years after the lawful

occurrence of this fact. However, if within this term the author discloses

his/her identity or if his/her identity is beyond any doubt, Article 31 of this

Law shall apply. (03.06.2005№1585) 2. Copyright in a work of joint authorship shall run for the life of each

co-author and for 70 years from the death of the last surviving author.

3. If a work is published in volumes, parts, issues or episodes and the

term of protection runs from the time of the lawful occurrence of this fact,

the term of protection shall run for each such item separately. (03.06.2005

№1585) 4. Copyright in the works, referred to in Articles 12 and 13 of this

Law, shall run for 70 years from the time when the works were lawfully

published or made available to the public, and if a work has not been

published or made available to the public - from the date of its creation.

(03.06.2005№1585) 5. Copyright in an audiovisual work shall run for 70 years after the

death of the last of the surviving authors (co-authors) indicated in Paragraph

1 Article 15 of this Law.

51. Copyright in a musical work with words, created under co-

authorship, shall run for 70 years after the death of the last surviving author

(co-author), whether or not the author of the words and the author of the

musical work, as a result of whose joint intellectual and creative activity

such a musical work was created, are designated as co-authors (23.12.2017.

N1917)

6. The economic right of a person who lawfully published or made

available to the public a work which was not published or made available to

the public previously (Article 18(8) of this Law), shall run 25 years from the

time of the lawful occurrence of such a fact. (03.06.2005№1585)

ARTICLE 33: COPYRIGHT OF UNLIMITED DURATION 1. The right to claim authorship, the right to be named, the right of

integrity, and the right to respect of reputation in relation to a particular

work shall be of unlimited duration.

2. After the expiry of the copyright term, the title of a work shall not

be used by other authors for a work of the same genre, if such use might

result in confusion of the authors, which may mislead the public.

3. It is prohibited to publish or to make available to the public a work

under such a pseudonym which is likely to result in the identification with

the author of a work, published or made available to the public earlier, which

may mislead the public. (03.06.2005№1585) ARTICLE 34: USE OF EXPIRED COPYRIGHT 1. The work in which the term of copyright protection has expired

may be used by any person without paying any remuneration, as long as the

rights of authorship, integrity and respect of reputation are not prejudiced.

This provision shall also apply to the works that were not protected on the

territory of Georgia.

2. The legislation of Georgia may introduce special fees for using on

the territory of Georgia of a work with expired term of copyright protection.

The income gained in such a way shall be directed to professional funds of

authors and collective management organizations of economic rights of

authors. The amount of fees shall not exceed 3 percent of the income gained

from the use of the work. (03.06.2005№1585) CHAPTER V

TRANSFER OF COPYRIGHT

ARTICLE 35: GROUNDS FOR TRANSFER OF COPYRIGHT 1. Copyright shall be transferred by hereditary or testamentary

succession or by an agreement. (03.06.2005№1585) 2. Legal successors shall, within the term of copyright, have the

exclusive rights to use the work referred to in Article 18 of this Law, unless

the testament provides otherwise.

3. The rights of authorship, the right to be named and the right of

integrity of a work shall not be transferred by succession. The successors

shall have the right to safeguard these moral rights. This authority shall be of

unlimited duration.

4. Unless otherwise determined by the author during his/her life, of

his/her moral rights, the right to authorize other persons to add to the work

the works of other authors (illustration, foreword, afterword, commentary,

explanation, etc.) of other authors shall be transferred by succession. This

moral right shall be transferred to successors for the term of copyright.

5. The author shall have the right to indicate the person to be

appointed by him/her as an advocate of the rights referred to in Paragraph 3

of this Article. This person shall carry out his/her obligations until the

author’s death.

6. If successors are absent or improperly exercise the rights stipulated

by Paragraph 3 of this Article, these rights shall be protected by the National

Intellectual Property Center “Sakpatenti”. (05.12.2000)

ARTICLE 36: TRANSFER OF ECONOMIC RIGHTS OF AN

AUTHOR (03.06.2005№1585) The author or other owner of copyright is entitled to transfer all or

part of the economic rights to his/her successor in title.

ARTICLE 37: EXCLUSIVE LICENSE 1. Under an exclusive license agreement, the author or other owner of

within the scope defined by the agreement solely to the licensee and shall

entitle the licensee to prohibit such use of the work by other persons

(including the author). (03.06.2005№1585) 2. The author is entitled to exercise the right to prohibit other parties

from using the work, if the licensee fails to exercise the protection of that

right.

ARTICLE 38: NON-EXCLUSIVE LICENSE 1. Under a non-exclusive license agreement, the author or other owner

of copyright shall permit the licensee to use the work on an equal basis with

the persons who have received the right to use the work in a similar way.

(03.06.2005№1585) 2. The right transferred by a copyright agreement shall be considered

as a non-exclusive right, unless the agreement provides otherwise

ARTICLE 39: USE OF A WORK AFTER GRANTING OF AN

EXCLUSIVE LICENSE (03.06.2005№1585) Even in the case of granting of an exclusive license, the author shall

retain the right to use a work only upon publication of a complete collection

of his/her works, provided that 5 years have passed from the date when, as a

result of the grant of the exclusive license, the work became available to the

public by means of publication or making public. At the same time, the

author shall not be authorized to use this work independently from the

complete collection.

ARTICLE 40: LICENSE AGREEMENT (03.06.2005№1585) 1. A license agreement shall provide for: the exact description of the

work to be used (title, volume, genre), the specific form of the use of the

work, duration of the agreement and territory where it is effective, the rule

for determining the amount of remuneration or the amount of remuneration

for each form of the use of the work, its payment rule and term, as well as

other conditions which the parties deem to be essential.

2. The right to use the work in all those forms that are not directly

defined by the license agreement shall belong to the author or other owner of

3. If the license agreement does not provide for a specific form of the

use of a work, the agreement shall be considered to have been concluded for

the use of the work which the parties may deem to be necessary for fulfilling

the intention they had at the time when the agreement was concluded.

4. If the license agreement fails to indicate the term of the agreement,

the author or other copyright owner may annul the agreement 3 years after

the date of its conclusion. The licensee shall be notified of the above in

writing 6 months prior to annulment of the agreement.

5. If the license agreement does not state the territory on which it has

effect, it shall have effect on the territory of Georgia.

6. The rights granted under a license agreement may be fully or

partially transferred to other persons, if the agreement directly provides for

it.

7. If in a license agreement the remuneration concerning the

reproduction of a work is determined as a fixed sum, the license agreement

shall specify the maximum circulation of the work.

ARTICLE 41. Repealed(03.06.2005№1585) ARTICLE 42: FORM OF AN AGREEMENT (03.06.2005 №

1585)

An agreement for the transfer of copyright, copyright agreement for a

commissioned work and copyright licensing agreement shall be concluded in

writing. A license agreement regarding publication of a work in a periodical

may be concluded orally as well.

ARTICLE 43: COPYRIGHT AGREEMENT FOR COMISSIONEDWORK

1. Pursuant to a copyright agreement for a commissioned work, the

author shall undertake to create a work corresponding to the requirements of

the agreement and to transfer it to the person commissioning the work,

whereas the person commissioning the work shall undertake to receive the

work and pay remuneration to the author.

2. The author shall create the work personally, unless the agreement

provides otherwise. Inclusion of other person(s) in the creation of the work

is admissible only by the permission of the person who commissioned the

work.

3. The person who commissioned the work by the time stipulated in

the agreement shall review the work and notify the author in writing on the

approval of the work or of its rejection based on the contractual conditions

or of the necessity of making alterations to it.

4. If within the period stipulated in the agreement the author is not

notified in writing, the work shall be considered approved.

5. The procedure for payment an advance to the author, its terms and

amount shall be determined by an agreement.

6. Any contractual provision which restricts the author’s right to

create in the future a work on a definite topic or in a definite field shall be

null and void. (03.06.2005№1585) 7. The subject of an agreement shall not be transfer of the right in a

work which the author might create in the future. (03.06.2005№1585) 8. Copyright in a commissioned work shall belong to the employer,

unless the agreement provides otherwise. (04.05.2010№3032) ARTICLE 44: OBLIGATION TO COMPENSATE FOR

DAMAGES (03.06.2005№1585) The party, which has failed to perform or improperly performed

obligations on the transfer of economic rights of the author, creation of a

work or those assumed by a license agreement, shall compensate the other

party for the damages incurred, including the lost profits.

CHAPTER VI RELATED RIGHTS (03.06.2005№1585)

ARTICLE 45: RELATED RIGHTS 1. Protection of the copyright-related rights under this Chapter shall in

no way affect the protection of copyright.

2. Related rights shall be exercised without prejudice to copyright.

None of the provisions of this Chapter shall be interpreted as infringing

ARTICLE 46: HOLDERS OF RELATED RIGHTS 1. Holders of related rights shall be: performers, producers of

phonograms or videograms and broadcasting organizations.

2. Producers of phonogram or videogram and broadcasting

organizations shall exercise their rights under this Chapter within the scope

of authority granted by an agreement concluded between the author and

performer of a work fixed in a phonogram or videogram, or broadcast on the

air or by cable.

3. A performer shall exercise the rights specified in this Chapter,

provided that he/she observes the right of the author of the work performed.

4. The commencement and exercise of related rights shall not be

subject to any formality. To claim his rights, a phonogram producer or

performer may use on every copy of phonogram or its packaging a sign

denoting protection of related rights, consisting of the following three

elements:

a) the Latin letter P in a circle;

b) the name (designation) of the holder of exclusive related right;

c) the year of first publication of the phonogram.

ARTICLE 47: RIGHTS OF PERFORMERS 1. A performer shall in respect of his/her performance have the

following moral and economic rights:

a) the right to be named;

b) the right to protect his/her performance from any distortion, or

other modification that would prejudice the performer’s honor, dignity or

business reputation (right to respect of reputation);

c) the right to use his/her performance in any form, including the right

to receive remuneration for the use of the performance in any form.

2. Exclusive rights with respect to a performance shall denote the right to

authorize or prohibit:

a) fixation of earlier unfixed performances;

b) the direct or indirect reproduction of the performance fixed in

phonograms; (03.06.2005№1585) c) transmission on the air or by cable of the performance, except for

the cases when the earlier recorded or broadcast performance is being

transmitted with the performer’s consent; (03.06.2005№1585) d) retransmission on the air or by cable of the fixation of a

performance, provided that this performance was not initially fixed for

commercial purposes;

e) distribution of the original and copies of the performance fixed in

phonograms through rental or other transfer of ownership. (03.06.2005 № 1585)

f) distribution of the original and copies of the performance fixed in

phonograms through sale or other transfer of ownership; (03.06.2005 № 1585)

g) transmission of the performance fixed in the phonogram, by wire or

wireless means, in such a way that a person may access it at an individually

chosen place and time. (03.06.2005№1585) 3. The authorization provided for by Paragraph 2 of this Article shall

be made by the performer, whereas the authorization of the performance by

a group of performers - by the leader of the group, on the basis of a written

agreement concluded with the user.

4. The conclusion of an agreement between the performer and the

broadcasting organization on the transmission on the air or by cable of a

performance shall entail the transfer by the performer of his/her right to

authorize the fixation of his performance, its further distribution and

reproduction of the fixation only if it is directly provided for by the

agreement. In the case of such use, the amount of the remuneration payable

for the performance shall be specified by the above-mentioned agreement.

5. Conclusion of an agreement on the creation of an audiovisual work

between the performer and the audiovisual work producer shall entail

transfer of the rights provided for in Paragraph 2 of this Article, unless the

agreement provides otherwise. The transfer of such rights by the performer

shall be confined to the use of the audiovisual work and, unless the

agreement provides otherwise, it shall not include the right to the separate

use of the sound and the image fixed in the audiovisual work.

6. The right of a performer to further distribution of a phonogram

within Georgia shall be exhausted by the first sale of copies of the

phonogram by him/her or with his/her consent. (03.06.2005№1585) 7. With respect to a performances created by a performer in the course

of employment, the performer shall enjoy the right to be named. The

exclusive right to the use of such a performance shall belong to the person

with whom the performer is in labor relations, unless the agreement

concluded between them provides otherwise. (04.05.2010№3032) 8. The exclusive rights of performers provided for in Paragraph 2 of

this Article may be assigned to other party on the basis of an agreement.

ARTICLE 48: EXCLUSIVE RIGHTS OF A PHONOGRAM PRODUCER

1. The producer of the phonogram shall enjoy the exclusive right to

use a phonogram in any form, including the right to receive remuneration for

using the phonogram in every form.

2. The exclusive right to use a phonogram shall mean the right to

exercise, authorize or prohibit:

a) direct or indirect reproduction of the phonogram; (03.06.2005 № 1585)

b) Repealed; (03.06.2005№1585) c) rental of the original or copies of the phonogram or other transfer of

ownership; (03.06.2005№1585) d) distribution of the original or copies of the phonogram in the public

through sale or other transfer of ownership; (03.06.2005№1585) e) importation of copies of the phonogram for the purpose of sale or

rental, or other transfer of ownership, including the copies produced with the

consent of the phonogram producer; (03.06.2005№1585) f) transmission of the original or copies of the phonogram by wire or

wireless communication, in such a way that may be accessed by any person

at an individually chosen time and place. (03.06.2005№1585) 3. The exclusive rights of a phonogram producer provided for in

Paragraph 2 of this Article may be assigned to other party under an

agreement.

4. The right of a producer of a phonogram to control further

distribution of a phonogram within Georgia shall be exhausted by the first

sale of copies of the phonogram by him/her or with his/her consent.

(03.06.2005№1585)

ARTICLE 49: EXCLUSIVE RIGHTS OF A VIDEOGRAM PRODUCER

1. A videogram producer shall enjoy the exclusive right to the use of a

videogram in any form, including the right to receive remuneration for using

the videogram in every form.

2. The exclusive right to the use of a videogram shall mean the right to

authorize or prohibit:

a) direct or indirect reproduction of the videogram; (03.06.2005 № 1585)

b) Repealed; (03.06.2005№1585) c) rental or other transfer of ownership of the original or copies of the

videogram; (03.06.2005№1585) d) distribution of copies of the videogram in the public by sale or

other transfer of ownership; (03.06.2005№1585) e) importation of copies of the videogram for the purpose of

distribution, including the copies produced with the consent of the

videogram producer; (03.06.2005№1585) f) transmission of the videogram by wire or wireless communication,

in such a way that that a person may access it at an individually chosen place

and time. (03.06.2005№1585) 3. The exclusive rights of a videogram producer provided for in

paragraph 2 of this Article may be assigned to other party by an agreement.

4. The right of a producer of a videogram to control further

distribution of the videogram within the territory of Georgia shall be

exhausted by the first sale of copies of the videogram by him/her or with

his/her consent. (03.06.2005№1585) ARTICLE 50: EXCLUSIVE RIGHTS OF A BROADCASTING

ORGANIZATION 1. A broadcasting organization shall enjoy the exclusive right to the

use of its broadcast in any form, including the right to receive remuneration

for using the broadcast in every form.

2. The exclusive right to the use of a broadcast shall mean the right to

authorize or prohibit:

a) recording of the broadcast;

b) reproduction of the broadcast recording, except for the cases when

the broadcast is recorded with the consent of the broadcasting organization

and the reproduction is made for the same purpose for which it was

recorded;

c) simultaneous retransmission of the broadcast on the air and by

cable, by an aerial and cable broadcasting organization respectively;

(03.06.2005№1585) d) transmission of the broadcast on the air or by cable;

e) communication to the public of the at places accessible to the

public against payment of an entrance fee;

f) distribution of the broadcast recording in the public by sale or other

transfer of ownership; (03.06.2005№1585) g) rental of the broadcast recording or other transfer of ownership;

(03.06.2005№1585) h) transmission of the broadcast recording by wire or wireless

communication, in such a way that a person may access it at an individually

chosen place and time.. (03.06.2005№1585) ARTICLE 51: FREE USE OF SUBJECT-MATTERS OF

RELATED RIGHTS 1. The limitations of related rights provided for in this Law shall not

conflict with normal exploitation of a performance, phonogram, videogram,

broadcast of a broadcasting organization, and shall not unreasonably

prejudice the lawful interests of performers, producers of phonograms or

videograms and broadcasting organizations.

2. The use of a performance, phonogram, videogram and broadcast of

a broadcasting organization and their recordings without the consent of the

performers, phonogram or videogram producers and broadcasting

organizations and without paying remuneration, shall be permitted in the

following cases:

a) in the case of quotation from a performance, phonogram,

videogram, broadcast of a broadcasting organization for scientific, research,

polemic, criticism and information purposes, only to the extent justified by

the purpose of quotation;

b) in the case of use for the purpose of illustration of extracts from a

performance, phonogram, videogram, broadcast of a broadcasting

organization for teaching and scientific research, only to the extent justified

by the set purpose;

c) in the case of inclusion of short excerpts from a performance,

phonogram, videogram, broadcast of a broadcasting organization in

reporting current events.

3. The use of a performance, broadcast of a broadcasting organization

and their recordings by natural persons, as well as the reproduction of a

phonogram or videogram for personal use, without the consent of the

performer, broadcasting organization, phonogram or videogram producer

shall be permitted, reproduction shall be carried out as prescribed by Article

21 of this Law, subject to payment of remuneration.

4. The right of reproduction of a subject-matter protected by related

rights prescribed by this Law shall not extend to a temporary copy.

(03.06.2005№1585) ARTICLE 52: USE OF PHONOGRAMS PUBLISHED FOR

COMMERCIAL PURPOSES (03.06.2005№1585) 1. The following shall be permitted without the consent of the

producer of a phonogram published for commercial purposes and that of the

performer of the work fixed in a phonogram but subject to payment of

equitable remuneration:

a) public performance of a phonogram;

b) communication to the public of a phonogram. (23.12.2017. N1917)

2. The collection and distribution of the remuneration provided for in

Paragraph 1 of this Article shall be carried out by one of the collective

management organizations of economic rights of performers and phonogram

producers, under an agreement between them.

3. The amount of remuneration and the rule of its payment shall be

specified by an agreement concluded between the users of the phonogram,

on the one hand, and a collective management organization of economic

rights of phonogram producers and performers, on the other one. Where the

parties fail to agree, the amount of remuneration, the rule of its calculation

and payment shall, subject to the request by any party or the parties, be

determined by “Sakpatenti”.

4. Users of the phonogram shall submit to the organizations referred

to in Paragraph 2 of this Article programs (plans), including the precise

information about the volume of the phonogram use, as well as other

certificates and documents, necessary for collection and distribution of the

remuneration.

5. For purposes of this Article, the phonogram that has become

available to any person by wire and wireless means at an individually chosen

place and time shall be considered as a phonogram published for commercial

purposes.

ARTICLE 53: EPHEMERAL (SHORT-TERM) FIXATION OF A BROADCAST BY A BROADCASTING ORGANIZATION

A broadcasting organization may, without the authorization by the

performer, phonogram or videogram producer and broadcasting

organization, carry out an ephemeral (short-term) fixation of a performance

or broadcast and reproduce it in compliance with the following conditions:

a) obtaining of a prior consent for the transmission of a performance

or broadcast;

b) making ephemeral fixation and its reproduction by means of their

own facilities and for their own broadcasts;

c) destruction of the ephemeral fixation under the condition specified

for ephemeral recordings of scientific, literary and artistic works.

CHAPTER VII RIGHTS OF MAKERS OF DATABASES (03.06.2005№1585) ARTICLE 54: MAKER OF A DATABASE 1. The maker of a database (which does not represent a work), who

proves that he/she has made a substantial investment from the qualitative or

quantitative viewpoint in purchasing, obtaining, verifying or presenting of

the contents of a database, shall enjoy the exclusive right to prevent

extraction and/or re-utilization of the whole or substantial part of the

contents of the database, evaluated qualitatively or quantitatively.

(03.06.2005№1585) 2. For purposes of this Chapter, “extraction” shall mean the permanent

or temporary transfer of the whole or a substantial part of the contents of a

database to other material carrier by any means or form, and “re-utilization”

shall mean distribution among the public, renting, or transfer of ownership

by another form with respect to the above-mentioned carrier or its copies or

making available to the public the whole or a substantial part of the contents

of a database. The right of a maker of a database to control further

distribution of the database within the territory of Georgia shall be exhausted

by the first sale of copies of the database by him/her or with his/her consent.

(03.06.2005№1585) 3. The repeated and systematic extraction and/or re-utilization of

insignificant parts of the contents of the database, if such acts conflict with a

normal exploitation of the database and unreasonably prejudice the

legitimate interests of the maker of the database shall be prohibited.

4. The rights of the maker of a database referred to in Paragraph 1 of

this Article may be transferred to another party by an agreement.

5. The rights provided for in Paragraph 1 of this Article shall be in

force regardless of the fact whether the works, subject-matters of related

rights and other data included in the database are protected, irrespective of

their content. Protection of a database in accordance with the right provided

for in Paragraph 1 of this Article shall not prejudice copyright and other

rights related to its component parts. (03.06.2005№1585) ARTICLE 541: DEPOSIT OF A DATABASE (03.06.2005№1585) 1. The maker of a database may deposit the original or a copy of a

database with “Sakpatenti”. A certificate issued by “Sakpatenti” as a result

of the deposit shall only certify the fact of the deposit of the database.

2. Upon the deposit of the original or a copy of a database with

“Sakpatenti”, the depositor shall protect the copyright or other rights related

to the database.

3. The depositor shall be responsible for the accuracy and reliability of

the documents deposited with “Sakpatenti”.

4. If an application for depositing a database is submitted to

“Sakpatenti” by the author’s heir, successor in title or other rightholder, the

application shall be attached with a document certifying the applicant’s

succession or ownership of the copyright.

5. Upon the deposit of a database with “Sakpatenti” through a

representative, the application shall also be attached with a document

certifying the representative’s authority.

6. Information related to a database deposited with “Sakpatenti” in

accordance with this Article may be made available to the public upon the

request of the database maker.

7. Deposition of a database shall be subject to a fee, which shall be

determined by the decree of the Government of Georgia. (04.05.2010 № 3032)

ARTICLE 55: RIGHTS AND OBLIGATIONS OF A LAWFUL USER OF A DATABASE

1. If a database is published or made available to the public, the

database maker is not entitled to prevent a lawful user of the database from

extracting and/or re-utilizing insignificant parts of its contents, evaluated

qualitatively and/or quantitatively, for any purpose. Where the lawful user is

authorized to extract and/or re-utilize only a part of the database, this

paragraph shall apply only to that part.

2. The action of a lawful user of a database which is published or

made available to the public shall not prejudice the legitimate interests of the

maker of the database. (03.06.2005№1585) 3. A lawful user of a database which is published or made available to

the public shall not infringe the copyright and related rights of owners with

respect to the work or subject-matter contained in the database. (03.06.2005

№1585) ARTICLE 56: LIMITATION ON THE RIGHTS OF A MAKER

OF A DATABASE A lawful user of a database is entitled, without the authorization of its

maker:

a) to extract for private purposes a substantial part of the contents of a

non-electronic database;

b) to extract for the purposes of illustration for teaching or scientific

research a substantial part of the contents of a database contents, as long as

the source is indicated and to the extent justified by the non-commercial

purpose to be achieved;

c) to extract and re-utilize a substantial part of the contents of a

database for the purposes of public security or an administrative or court

procedure.

CHAPTER VIII TERM OF PROTECTION OF RELATED RIGHTS AND RIGHTS OF

MAKER OF DATABASE (03.06.2005№1585) ARTICLE 57: TERMS OF PROTECTION OF RELATED

RIGHTS 1. The rights of performers provided for in Article 47 of this Law shall

run for 50 years after the date of the first performance. If within this period a

fixation of the performance (except that fixed in the form of a phonogram),

was lawfully published or made available to the public, this term shall run

for 50 years from the date of the first of such events, and if within this period

a fixation of the performance in a phonogram was lawfully published or

made available to the public, this term shall run for 70 years from the date of

the first of such events. (23.12.2017. N1917)

2. The term of protection of rights of performers to be named and to

respect of reputation shall be unlimited. These rights shall not be handed

down heredity. Protection of a performer's moral rights after his/her death

shall be carried out as prescribed by the protection of moral rights of authors

of scientific, literary and artistic works.

3. The right of producers of phonograms or videograms provided for in Articles 48 and 49 of this Law shall run for 50 years after the date of the

first fixation of the phonogram or videogram. If within this period the

phonogram or videogram was lawfully published or made available to the

public, this term shall run for 70 years from the date of the first of such

events. (23.12.2017. N1917)

31. If 50 years after the date the phonogram is lawfully published or

made available to the public, the phonogram producer does not offer copies

of the phonogram for sale in sufficient quantity, or does not make them

available to the public, the performer is entitled to terminate the contract by

which he/she has transferred the rights on the fixation of his/her performance

to the phonogram producer. (23.12.2017. N1917)

4. The rights of a broadcasting organization provided for in Article 50

of this Law shall run for 50 years after the first transmission of the broadcast

by such an organization, transmitted by wire or wireless means (including by cable or through satellite). (23.12.2017. N1917)

5. The right of a database maker provided for in Article 54 of this Law

shall run for 15 years after the date of making of the database. If within this

period the database is lawfully published or made available to the public, 15

years shall be calculated from the date of one of such events, whichever

occurs first. (03.06.2005№1585) 6. Any change, evaluated qualitatively and/or quantitatively, of the

contents of a database as provided for in Article 54 of this Law, including

any substantial change resulting from deletions or alterations, which allows

considering that a substantial new investment was implemented, evaluated

qualitatively and/or quantitatively, shall qualify the database resulting from

that investment for its own term of protection.

7. Calculation of the term provided for in this Article shall start from

the first of January of the year following the year in which the legal act took

place giving rise to the calculation of this term.

8. The rights specified in this Chapter, upon effect of the terms

indicated in Paragraphs 1- 5 of this Article, shall be handed down to

successors of the performer, phonogram or videogram producer,

broadcasting organization and the maker of a database, and in the case of a

legal person - to their successors in title. (03.06.2005№1585) CHAPTER IX

PROTECTION OF COPYRIGHT, RELATED RIGHTS AND RIGHTS OF MAKERS OF DATABASES (03.06.2005№1585) ARTICLE 58: INFRINGEMENT OF COPYRIGHT, RELATED

RIGHTS AND MAKERS OF DATABASES (03.06.2005№1585) 1. Infringement of copyright, related rights and rights of makers of

databases provided for in this Law shall entail civil, criminal and

administrative responsibility.

2. A natural or legal person not complying with the requirements of

this Law shall be deemed to be an infringer of copyright, related rights and

rights of makers of databases.

3. The following shall also be deemed to be an infringement of

a) unlawful use of a work, phonogram, videogram, broadcast of a

broadcasting organization and of a database;

b) alteration or removal of electronic rights management information

without the authorization of the rightholder;

c) if a work, subject-matter of a related right or a database became

available to the public (by making available to the public, distribution, rental

or other transfer of ownership of copies their recordings), when the person

carrying out the above-mentioned knew or had reasonable grounds to know

that the rights management information was altered or deleted without the

authorization of the rightholder;

d) circumvention of technological measures;

e) manufacture, import, distribution, sale, rental, or advertisement of

any technology, device or its component, which:

e.a) is put in circulation for the purpose of circumvention of

technological measures;

e.b) has only a limited commercially significant purpose and, apart

from of circumvention of technological measures, can be used for another

purpose;

e.c) is from the outset designed, intended, produced or modified for

the purpose of enabling or facilitating circumvention of technological

measures;

f) offering and rendering services aimed at neutralizing technological

measures by using a technology, device or its component.

ARTICLE 59: PROTECTION OF RIGHTS OF HOLDERS OF COPYRIGHT, RELATED RIGHTS AND RIGHTS OF MAKERS OF DATABASES

1. A holder of copyright, related rights and rights of makers of

databases shall be entitled to request from the infringer:

a) recognition of the rights;

b) renewal of the status prior to the infringement and termination of

the acts infringing the right or creating a risk of its infringement;

c) seizure of the copies of a work, phonogram, videogram or database,

regarded as counterfeit copies in accordance with Article 60 of this Law, as

well as of the material, device or its component, necessary for their

reproduction or circumvention of technological measures. The counterfeit

copies of the work, phonogram, videogram or database may be handed over

to the rightholder at his/her request;

d) compensation for damages (including lost profits), if the infringer

was aware or should have been aware of the infringement of the rights of

holders of copyright, related rights and rights of makers of databases;

e) instead of the compensation for damages, confiscation of profits

gained by the infringer as a result of infringing rights of the holders of

plaintiff;

f) instead of compensation for damages and confiscation of profits,

tpayment of a lump sum compensation. At the same time, the compensation

shall not be less than the tenfold amount of the pecuniary compensation

receivable by the holder of rights in the case of lawful use of the infringed

right;

g) taking of other measures related to the protection of his/her rights

prescribed by the legislation of Georgia.

2. The measures provided for in Subparagraphs “d”-“f” of Paragraph

1of this Article shall be applied at the discretion of the rightholder.

3. The counterfeit copies of a work, phonogram, videogram or

database, referred to in Subparagraph “c” of Paragraph 1 of this Article,

which were not claimed by the rightholder, as well as the material, device or

its component, necessary for their reproduction or circumvention of

technological measures, shall be subject to destruction in accordance with

the court decision.

4. In the case provided for in Subparagraph “c” of Paragraph 1 of this

Article, counterfeit copies of a work, phonogram, videogram or database,

which were purchased by a third party in good faith, shall not be subject to

seizure, except the cases when the counterfeit copies were purchased to be

used for a commercial use.

5. If according to the court decision it is identified that the copies of a

work, phonogram, videogram or database are counterfeit, the actions

provided for by Subparagraph “b” of Paragraph 1 of this Article may apply

also with respect to a person who was aware or should have been aware that

his/her service is or was used in activities infringing exclusive rights on a

commercial scale.

6. When determining the amount of damages, the essence of the

infringement, profits gained through infringement of exclusive rights, the

economic and moral damage caused to the holder of rights, as well as the

expected income that would have been gained by the holder of exclusive

rights as a result of the lawful use of the work, object of the related right or

database shall be taken into consideration.

7. When determining the amount of a lump sum compensation, the

seriousness of the infringement, the quantity of the counterfeit copies, the

infringer’s intention the quantity of the goods made without the permission

in of the holder of exclusive rights on the design incorporating the design or

used thereof, the intention of the infringer and/or any other circumstance

which may be taken into account in determining the amount of the

compensation, shall be taken into consideration.

ARTICLE 60: COUNTERFEIT COPIES (03.06.2005№1585) 1. Copies of a work, phonogram, videogram or database, the

manufacture, distribution, rental or other use of which results in an

infringement of copyright, related rights or rights of makers of databases,

shall be deemed to be counterfeit copies.

2. As counterfeit copies shall also be deemed copies of a work,

phonogram, videogram or database which are protected in Georgia under

this Law and which are imported without the authorization of the

rightholders to Georgia from the state where they have never been protected

or where their protection has been terminated.

3. Repealed (23.12.2017. N1917) 4. Repealed (23.12.2017. N1917) 5. Repealed (23.12.2017. N1917) Article 61. Repealed (23.12.2017. N1917) ARTICLE 62: STATE POLICY IN THE FIELD OF

COPYRIGHT AND RELATED RIGHTS 1. The National Intellectual Property Center “Sakpatenti” shall ensure

carrying out of the state policy in the field of copyright and related rights

and implementation of other functions accorded by the law. Its status and

competence shall be determined on the basis of the legislation of Georgia

and respective statute.

2. The National Intellectual Property Center “Sakpatenti” shall be

authorized:

a) to ensure carrying out of state policy in the field of the legislation

on copyright and related rights and to submit to the President of Georgia

proposals for its development;

a) to ensure carrying out of state policy in the field of the legislation

on copyright and related rights and to submit to the Prime Minister of

Georgia proposals for its development; (25.09.2013. N 1328 shall enter into force after taking the oath by the President of Georgia, elected as a result of

the Presidential Elections of October 2013.)

b) to represent Georgia at international organizations of intellectual

property protection;

c) to carry out deposit of works and databases as prescribed by this

Law; (03.06.2005№1585) d) to request information related to management of economic rights

from collective management organizations of economic rights; (03.06.2005

№1585) e) to participate, through its representative and without the voting

right, in general meetings of the organization and sessions of its supervisory

council, and in case the organization violates with the requirements of the

legislation of Georgia and the regulations, fails to ensure the effective

management and enforcement of economic rights of local and foreign

rightholders, as well as in the course of the exercise of these rights violates

the legitimate interests of users, to raise the respective matters at general

meetings of the members of the organization. (03.06.2005№1585) CHAPTER X

COLLECTIVE MANAGEMENT OF ECONOMIC RIGHTS ARTICLE 63: ESTABLISHMENT OF AN ORGANIZATION

THAT ADMINISTERS ECONOMIC RIGHTS ON A COLLECTIVE

BASIS 1. Collective management of economic rights of the authors of

scientific, literary and artistic works, performers, producers of phonograms

and videograms and other owners of copyright and related rights in Georgia

shall be carried out by collective management organizations of economic

rights which have entered into agreements on mutual representation with

similar organizations of most countries.

2. Collective management organizations of economic rights shall be

formed on a voluntary basis, directly by owners of copyright and related

rights. It shall not have the status of a creative union (association) and the

requirements of the Law of Georgia “On Creative Workers and Creative

Unions” shall not apply thereto. The organization shall be established with

the organizational and legal status of a non-entrepreneurial (non-

commercial) legal entity. If the regulations of the organization comply with

the requirements of this Law and other requirements of the legislation of

Georgia, the respective registering agency shall take a decision on its

registration and issue an excerpt from the Register. The organization shall be

authorized to manage economic rights only after it has been entered in the

3. The procedure for keeping the Register of a collective management

organization of economic rights, the Register form as well as the form of an

excerpt from the Register shall be approved by the order of the Minister of

Justice of Georgia. (03.11.2009№1975 shall enter into force from January 1, 2010)

4. A collective management organization of economic rights shall not

engage in entrepreneurial activity and use a work or subject-matter of a

related right use for that purpose, the rights to which have been assigned to it

for administration on a collective basis. The organization shall act within the

scope of authority which is established by the legislation of Georgia and

which, under the regulations, has been conferred to it the owner of copyright

and related rights.

5. The regulations of a collective management organization of

economic rights shall contain the provisions complying with the

requirements of this Law. Management of the activities of the organization

shall be exercised by the holders of copyright and related rights whose

economic rights are being administered by the organization. Decisions

concerning the remuneration amount and the conditions for granting licenses

to users, the rule for distribution and payment of the collected fees, as well

as other important matters shall be taken by the holders of copyright and

related rights jointly, at a general meeting.

6. It shall be permissible to form individual organizations according to

different categories of rights or rightholders, or organizations managing

different rights of onecategory rightholders.

7. A collective management organization shall not be subject to

restrictions set by antimonopoly legislation.

ARTICLE 631: PUBLICITY OF ACTIVITY OF A COLLECTIVE MANAGEMENT ORGANIZATION OF ECONOMIC RIGHTS (03.06.2005№1585)

1. A collective management organization of economic rights shall

carry out its activity in compliance with the principle of publicity and

transparency. The organization shall be obliged to make public an annual

report of its activities which shall include:

a) annual income;

b) the amount of remunerations collected and distributed for local and

foreign rightholders;

c) other important information.

2. A collective management organization of economic rights shall be

obliged:

a) to present to “Sakpatenti”: the regulations and information

concerning making of amendments thereto; the information concerning the

persons who are members of management bodies of the organization and

changes that took place in the these bodies; agreements on mutual

representation concluded with similar organizations of other countries;

tariffs fixed for the use of copyright and related rights and information

concerning amendments to tariffs; minutes of meetings of the administration

and management bodies; annual report; court decisions on the case to which

it was a party;

b) to convene a general meeting of the members of the organization

within 3 months after the receipt from “Sakpatenti” of a substantiated

written request for convening a general meeting of the organization

members.

3. Pursuant to Paragraph 2 of this Article, the information presented

by a collective management organization to “Sakpatenti” shall be public.

ARTICLE 64: ACTIVITIES OF A COLLECTIVE MANAGEMENT ORGANIZATION OF COLLECTIVE RIGHTS

1. The authority to manage economic rights on a collective basis shall

be conferred on the organization voluntarily, by the owners of copyright and

related rights on the basis of a written agreement concerning their

membership of that organization, as well as on the basis of an agreement on

mutual representation entered into with similar foreign organizations. This

agreement shall not be a copyright agreement and shall not be subject to the

provisions of Article 40 of this Law.

2. Any author, owner of related rights, their heirs, successors in title,

other owners of copyright and related rights may entrust management of

their economic rights to a collective management organization, and the

organization shall be obliged to undertake the management of those rights on

a collective basis, if management of such a category of rights, taking into

consideration the specific forms of their use, falls within the scope of

activity of this organization. (03.06.2005№1585) 3. In accordance with the rights obtained under this Law, a collective

management organization shall grant licenses to users for the use of a work

or subject-matter of related rights in a respective form. The conditions of the

licenses shall be similar for all the users of a specific category. The

organization shall not refuse users the granting of a license without

reasonable grounds therefore. (03.06.2005№1585) 4. The user of a subject-matter of copyright or related right shall, upon

request of the collective management organization, provide it with all the

documents containing precise data on the use of the work or subject-matter

of a related right, which is necessary for collecting and distribution of the

remuneration. (03.06.2005№1585) 5. The user of a subject-matter of copyright or related rights shall

maintain the respective documents indicating the information concerning the

use of the subject-matter of copyright or related rights, except the case when

it is not required, under the agreement with the collective management

organization, for calculation and distribution of the remuneration.

(03.06.2005№1585) 6. In case of public performance of a work or subject-matter of a

related right, responsibility for the lawful use of the work or subject-matter

of the related right shall be determined by a written agreement concluded

between the user and the public performance organizer and the person

holding with the right of ownership or use the place or premises (square,

scene, hall, etc.) where the performance takes place. In the absence of the

written agreement, responsibility for the lawful use of the work or subject-

matter of the related right shall be jointly imposed on the user, the public

performance organizer and the person holding with the right of ownership

or use the place or premises (square, scene, hall, etc.) where the performance

takes place. (03.06.2005№1585) ARTICLE 65: RIGHTS OF A COLLECTIVE MANAGEMENT

ORGANIZATION OF ECONOMIC RIGHTS (03.06.2005№1585) 1. A collective management organization shall be authorized:

a) to agree with the user the amount of remuneration and other

licensing conditions;

b) to issue a license for the use of the right which is managed by it;

c) to agree with the user the amount of remuneration, when the

remuneration is collected without granting a license, in the cases provided

for in Paragraph 4 of Article 21 and Paragraph 3 of Article 51 of this Law;

d) to collect the remuneration specified by the license and/or the

remuneration provided for in Subparagraph (c) of Paragraph 1 of this

Article;

e) to distribute and pay out the respective remuneration to the owners

of copyright and related rights;

f) to conduct acts necessary for protection or enforcement of the rights

assigned to it for management purposes, including to represent of the

rightholder in the court and to make use of all the rights provided by the

procedural legislation of Georgia;

g) to carry out other activities within the scope of authority conferred

to it by owners of copyright and related rights.

2. A collective management organization shall be also authorized to

represent all owners of copyright and related rights unknown to it or whose

identity cannot be established and to include their works and other subject-

matters of protection in licenses issued to the users. The provisions of this

paragraph shall not apply to cinematographic works or other works being

expressed by means analogous to cinematography.

3. In the absence of proof to the contrary, all works or subject-matters

of related rights, being publicly performed, transmitted on the air or by

cable, or otherwise made available to the public, as well as included in

broadcasts, phonograms and videograms shall be assumed as included in the

repertoire of a collective management organization of economic rights. In

such a case the burden of proof shall be with the user. The provisions of this

paragraph shall not apply to cinematographic works or other works being

expressed by means analogous to cinematography.

4. With regard to an economic claim that may arise in connection with

the use by the user of the subject-matter of copyright and related rights under

an agreement concluded with the collective management organization shall,

on behalf of the rightholder, be responsible the organization that has licensed

the user with the right.

5. Where 3 years have passed from the use of the subject-matter of

remuneration due to them in accordance with Article 66(2)(a) of this Law,

the collective management organization may distribute the collected sum

among other authors in proportion to their shares or transfer the sum to the

created funds of owners of copyright and related rights.

ARTICLE 66: DUTIES OF A COLLECTIVE MANAGEMENT ORGANIZATION

1. Activities of a collective management organization shall be carried

out in line with the interests of the owners of copyright and related rights

being represented by this organization. For this purpose the organization

shall be obliged:

a) to use the collected remuneration only for distribution and payment

to the owners of copyright and related rights. At that, the organization shall

be authorized to deduce from the remuneration the sums spent for its

collection, distribution and payment and the sums transferred to the special

funds created by the decision of those rightholders;

b) to distribute and pay out the remuneration after deduction of the

sums mentioned in Subparagraph (a) of this Article in proportion to the

actual use of the work or the subject-matter of related rights;

c) to provide the owner of copyright and related rights, at the time of

payment of the remuneration, with accounts to contain the information on

the use of their rights.

2. Owners of copyright and related rights who have not transferred to

the collective management organization rights related to collection of the

remuneration shall have the right: (03.06.2005№1585) a) to request from the organization to pay the remuneration due to

them in accordance with the distribution of the remuneration that has been

made;

b) to request the exclusion of their works or subject-matters of related

rights from the licenses which such organization issues to the users for the

term of 3 years from the date of the use of their work or subject-matter of

related rights by the user.

CHAPTER XI TRANSITIONAL PROVISIONS

ARTICLE 67: APPLICATION OF PROVISIONS OF THIS LAW TO RELATIONS ORIGINATED EARLIER

1. This Law shall apply to the relations associated with the creation of

the subject-matters of copyright and related rights that originated after the

entry in the force of this Law.

2. With respect of the work, for which the 70-year term of protection

has not expired by the entry into force of this Law, the terms of protection of

3. With respect of the performance, for which the 50-year term of

protection has mot expired from its first performance by the entry into force

of this Law, the term of protection of the rights of performers specified in

Article 57(1) of this Law shall apply.

4. With respect of the phonogram and videogram, for which the 70-

year term of protection has not expired from their production, publication or

making available to the public by the entry of this Law into force, the term

of protection of related rights specified in Article 57(3) of this Law shall

apply, unless they have been made available to the public within this period

by means of publication or making available to the public. (03.06.2005 № 1585)

5. With respect of the broadcasts of a broadcasting organizations, for

which the 70-year term of protection has not expired from their first

publication or making available to the public by the entry of this Law into

force, the term of protection of related rights provided for by Article 57(4) of

this Law shall apply, unless within this period they have been made

available to the public by means of publication or making available to the

public. (03.06.2005№1585) ARTICLE 671: DELETED (26.10.2007№5423)

CHAPTER XII FINAL PROVISIONS

ARTICLE 68: INVALIDATED SUBORDINATE LEGISLATION Upon the entry into force of this Law, all the subordinate normative

acts conflicting with this Law shall be deemed to be null and void.

ARTICLE 69: ENTRY INTO FORCE This Law shall enter into force upon its publication.

President of Georgia Eduard Shevardnadze

Tbilisi

June 22, 1999

N2112 - IIs

Georgia

GE055

Law of Georgia No. 2112-IIS of June 22, 1999, on Copyright and Neighboring Rights (as amended up to Law No. 1917 of December 23, 2017)