Georgia Copyright Law

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GE001EN Copyright, Law, 22/06/1999 page 1/35

Law on Copyright and Neighboring Rights

TABLE OF CONTENTS

Article

Chapter I: General Provisions

Purpose of the Law........................................................ 1

International Agreements .............................................. 2

Subject Matter of the Law............................................. 3

Explanation of Terms Used in the Law......................... 4

Chapter II: Copyright

Subject Matter of Copyright.......................................... 5

Scientific, Literary and Art Works ................................ 6

Independence of Copyright from Property Rights......... 7

Works to which Copyright Does Not Apply ................. 8

Arising of Copyright ..................................................... 9

Presumption of Authorship ........................................... 10

Co-Authorship............................................................... 11

Rights of the Author (Compiler) of Compiled Work .... 12

Rights of the Author of Derivative Work...................... 13

Exclusive Right of Publisher......................................... 14

Personal Moral Rights of the Author of Work .............. 17

Economic Rights of the Author of Work ...................... 18

Economic Rights on Computer Program and Database. 19

Rights of the Author of Fine Arts Work........................ 20

Chapter III: Limitation of Economic Rights

Reproduction of the Work by the Natural Person for

the Personal Purpose ..................................................... 21

Reprographic Reproduction of Work by Libraries,

Archives and Educational Institutions........................... 22

Exploitation of the Work Without Consent of the

Author and Without Paying Him the Royalty ............... 23

Use of Works Permanently Disposed in Places for

Free Attendance ............................................................ 24

Public Performance of Musical Work at Ceremony...... 25

Reproduction of the Work for Court Proceedings......... 26

Short Term Recording of Work by Broadcasting

Organization.................................................................. 27

Limitations of the Computer Program and Database

Owners Rights............................................................... 28

Free Use of Computer Program (Decompilation) ......... 29

Free Use of Database .................................................... 30

Chapter IV: Validity Term of Copyright

Arising of Copyright and Duration ............................... 31

Validity Term of Copyright........................................... 32

Limitless Copyright....................................................... 33

Use of Expired Copyright ............................................. 34

Chapter V: Copyright Transfer

Grounds for Transfer of Copyright ............................... 35

Transfer of Author’s Economic Rights ......................... 36

Exclusive License ......................................................... 37

Simple License.............................................................. 38

Use of Work After Granting of Exclusive License ....... 39

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Annulment of Copyright Contract................................. 41

Form of Copyright Contract.......................................... 42

Contract on Creation of Work....................................... 43

Obligation on Compensation of Damages..................... 44

Chapter VI: Neighboring Rights of Copyright

Neighboring Rights....................................................... 45

Subjects of Neighboring Rights .................................... 46

Rights of Performer....................................................... 47

Exclusive Rights of Phonogram Producer..................... 48

Exclusive Rights of Videogram Producer ..................... 49

Exclusive Rights of Broadcasting Organization............ 50

Free Use of Neighboring Rights Object ........................ 51

Use of Phonograms Produce for Commercial Purposes 52

Recording of Performance of Program by the

Broadcasting Organization for Short-Term Use............ 53

Chapter VII: Special Provisions on Database Producer’s Rights

Database Producer......................................................... 54

Rights and Obligations of Database Lawful User ......... 55

Limitation of Database Producer’s Rights .................... 56

Chapter VIII: Validity Term of Neighboring Rights

Validity Terms of Neighboring Rights.......................... 57

Chapter IX: Protection of Copyright and Neighboring Rights

Infringement of Copyright and Neighboring Rights ..... 58

Protection of Copyright and Neighboring Rights.......... 59

Counterfeit Copies ........................................................ 60

Procedures for Enforcement of Appeal on Protection

of Copyright and Neighboring Rights ........................... 61

State Policy in the Field of Copyright and Neighboring

Rights............................................................................ 62

Chapter X: Administration of Economic Rights on Collective

Basis

Establishment of the Organization Administering

Economic Rights on Collective Basis ........................... 63

Activity of the Organization Administering Economic

Rights on Collective Basis ............................................ 64

Rights of the Organization Administering Economic

Rights on Collective Basis ............................................ 65

Responsibilities of the Organization Administering

Economic Rights on Collective Basis ........................... 66

Chapter XI: Transitional Provisions

Spreading of the Norms of this Law on Relations

Established Earlier ........................................................ 67

Chapter XII: Final Provisions

Invalidated Normative Acts .......................................... 68

Entry into Force ............................................................ 69

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Chapter I

General Provisions

Purpose of the Law

1. The purpose of this Law is to protect copyright property and personal non-property

rights arising at creation and use of scientific, literary and artistic works (copyright), and some

of their neighboring rights related to performers, producers of phonograms, videograms,

databases and broadcasting organizations (neighboring rights).

International Agreements

2. If by the international agreements, to which Georgia is a party, are defined the rules

different from this Law, then the provisions of the international agreement shall be applied.

Subject Matter of the Law

3. This Law shall apply to:

(a) scientific, literary and artistic works, performance, phonogram and videograms, the

holder of copyright and/or neighboring right of which is citizen of Georgia, a natural person

having permanent residence within the territory of Georgia or a legal entity registered in

respect to the rule prescribed by the legislation of Georgia;

(b) scientific, literary and artistic works, phonogram and videogram first published in

the territory of Georgia. The work, phonogram or videogram shall be deemed as first

published in Georgia, if after first publication abroad within 30 days they are published within

the territory of Georgia;

a phonogram or videogram, which is protected in respect to the subparagraph “(b)” of this

Article; performance, which is fixed on phonogram or videogram, but is included in the

program of a broadcasting organization protected in respect to the subparagraph “(d)” of this

Article;

(d) programs of those broadcasting organizations, which are legal entities established in

respect to the rule prescribed by the legislation of Georgia broadcast by means of transmitters

disposed on the territory of Georgia;

(e) architectural works located within the territory of Georgia, artistic works

incorporated in an architectural work on the territory of Georgia, in spite of citizenship and

permanent residence of their authors;

(f) other works of science, literature and art, performance, phonogram, videogram and

programs of broadcasting organizations, protected in respect to the international agreements

to which Georgia is a party.

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Explanation of Terms Used in the Law

4. The terms used in the Law have the following meaning:

(a) “author” – a natural person, in result of intellectual-creative efforts of which a work

was created;

(b) “audiovisual work” – a work consisting of series of images with accompanying

sounds, if any, imparting the impression of movement and can be seen and/or heard.

Audiovisual work includes cinematographic and other works expressed by means similar to

cinematography (tele-, video-, diafilms, etc.);

initiative and responsibility for production of such work; if the contrary is not proved, as a

producer of audiovisual work shall be deemed the natural person or legal entity, the name or

title of which is mentioned in the work according to the respective rule;

(d) “disclosure” – an action conducted with the consent of the copyright and

neighboring rights holder, in result of which a work, performance, phonogram, videogram and

broadcasting organization’s program is first available for public by publication, public

display, public performance, public transmission and in any other way;

(e) “publication” – including into course of trade or renting, by consent of an author or

other holder of neighboring rights, copies of work, phonogram and videogram, or by transfer

in an other way of property or ownership on work, phonogram and videogram in the quantity,

which satisfies reasonable requirements. The work, phonogram and videogram shall be

considered published, if they are available by means of information electronic systems;

(f) “renting” – availability of original or copy of the work or object of neighboring

rights to be used in a certain period of time with the purpose of gaining profit;

(g) “videogram” – record of a series of related images in any objective form,

accompanied with sounds, if any;

(h) “producer of videogram” – a natural person or legal entity, who has taken initiative

and responsible to fix the first record of a series of images accompanied by sound, if any; if

the contrary is not proved, as a producer of videogram shall be deemed the natural person or

legal entity, the name and/or title is indicated on videogram and/or its case according to

respective rule;

(i) “cable transmission” – transmission of work or neighboring rights object by cable,

fiber-optic cable or other similar equipment (“Secondary transmission by cable” is a

simultaneous, unchanged and unabridged secondary transmission by means of microwave

system made to public to receive the primary transmission of tele- and radioprograms by wire

or aerial, including satellite communication);

(j) “computer program” – a set of instructions expressed in words, codes, charts or in

any other machine-readable form, which activates a computer in order to achieve a certain

result. The term includes preparatory material for computer program design;

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(k) “broadcasting” – transmission of a work or object of neighboring rights by wireless

communication, including satellite (“satellite” means every satellite working in the range of

frequencies intended for broadcast signals for public. “Transmission via satellite” means

receiving of program carrier signals under control and responsibility of broadcasting

organization. The programs intended for public are received as a continuous chain of

communication – up in the direction of satellite and down to the earth. If program carrier

signals are coded, the satellite communication is conducted, if the broadcasting organization

agrees to provide the public with decoding means);

(l) “broadcasting organization program” – a program made by aerial or cable

broadcasting organization, or by its order and finances – by other organization. The program,

which was transmitted only secondarily by cable organization is not a property of this cable

organization;

(m) “database” – a collection of works, independent information, data and set of other

materials placed in respect to systematic or methodical rule available by electronic or other

media. This term does not include a computer program, applied at creation and operation of

database available by electronic means;

(n) “reproduction” – making one or more copies of a work or neighboring rights object

by any means and in any form, among them in the form of sound- and videorecord. As a

reproduction shall be considered recording for temporary or permanent storage, in electronic

(including digital), optical or other machine-readable from, other than publication;

(o) “reprographic reproduction (copying)” – facsimile duplication in enlarged or

reduced size of an original or a copy of a written or graphic work by photocopying or other

technical means. As a reprographic reproduction shall not be deemed recording in an

electronic form (including digital), optical or other machine-readable form;

(p) “public transmission (transmission for general information)” – transmission in ether

of image or sound of a work, performance, phonogram, videogram, program of broadcasting

organization by cable or by other means, where such images and/or sounds can be received by

person s outside of a normal circle of a family and its social acquaintances in a place (places),

whose distance from transmission place is such, that without this transmission the images or

sounds could not be received in said place (places);

(q) “public performance” – presentation of a work, performance, phonogram,

videogram, broadcasting organization program by means of declaiming, playing, singing,

dancing or in any other manner, directly (a live performance) or by any equipment at place

(places), where public performance can be perceived without public transmission and where

are present or can be present persons outside of a normal circle of a family and its social

acquaintances. As a public performance of an audiovisual work shall be deemed the

presentation of the work images in series;

(r) “public display” – any demonstration of a work, performance, videogram,

broadcasting organization program directly or on a screen by means of a tape, slide, sequence

or otherwise, at place (places), where public display can be perceived without public

transmission and where are present or can be present persons outside of a normal circle of a

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family and its social acquaintances. As a public display shall be deemed showing of images

without series;

(s) “technical means” – an equipment or its component, intended to prevent any

infringement of copyright and neighboring rights;

(t) “information administering right” – an information, in which there is indicated the

author, work, performer, performance, phonogram producer, videogram, videogram producer,

broadcasting organization, broadcasting organization program, database, author of database

and holder of any rights provided for by this Law, or an information on work or neighboring

rights object, exploitation terms and conditions, digits and codes representing the information,

when the work, fixed performance, phonogram, videogram or broadcasting organization

program is completed by the information components or is displayed at public demonstration

of work, fixed performance, phonogram, videogram or broadcasting organization program;

(u) “phonogram” – only sound record of performance or other sounds. The term does

not include the sounds, recorded together with images, such as a musical background of

audiovisual work;

(v) “phonogram producer” – a natural person or legal entity, who has taken initiative

and responsibility for fixing performance or for first record of other sounds; if the contrary is

not proved, as a producer of a phonogram shall be deemed a natural person or legal entity, the

name and/or title of which is indicated on the phonogram and/or its case according to

respective rule;

(w) “record” – fixing of image and/or sound by technical means in any objective form,

which enables their multiple perception, reproduction and transmission;

(x) “ performer” – an actor (in the theater, cinema, etc.), singer, musician, dancer or

other person, who acts, recites, sings, declaims, plays a musical instrument or performs

otherwise literary or art work, including variety, circus, puppet or folklore show.

Chapter II

Subject Matter of Copyright

5.—(1) Copyright applies to scientific, literary and artistic works, which are the result

of intellectual-creative activities, irrespective of appointment, value, genre, size, forms and

means for its expression.

(2) Copyright applies to published, as well as unpublished work existing in any

objective form.

(3) Copyright does not apply to ideas, methods, processes, systems, means, concepts,

principles, discoveries and facts, even if they are expressed, described, explained, illustrated

or embodies in a work.

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Scientific, Literary and Art Works

6.—(1) As a work of science, literature and art shall be deemed the following:

(a) literary works (books, brochures, articles, computer program, etc.);

(b) dramatic and dramatic-musical works, choreographic or pantomime works and

other theatrical works;

(d) audiovisual work (cine-, tele-, videofilm, etc.);

(e) sculptural, painting, graphic, lithographic, fine arts and similar works;

(f) decorative-applied or monumental art works;

(g) theatrical-decorative art works;

(h) architectural, urban planning or landscaping architectural works;

(i) photographic work or work created through means analogous to photography.

Separate images of audiovisual work shall not be deemed as photographic works;

(j) map, plan sketches, illustration and other similar works, which does not belong to

geography, cartography or other spheres;

(k) derivative works, in particular, translation, interlines of fiction, adaptation, making a

screen version, review, staging, compilation, musical arrangement and other kind of

derivation of literary and art works;

(l) compilation works, in particular, collections (encyclopedias, anthology, database)

and other works, provided that the selection and arrangement of the contents is the result of

intellectual creative efforts;

(m) other works.

(2) Copyright on derivative and composite works are protected, without prejudice to

these works being copyright objects, which are they based on or which they include.

(3) The protection of derivative and composite works is equal to the original works.

(4) The protection of computer programs extend to any kind of computer program

(including operational systems), expressed in any language and from, including initial text

and objective code.

Independence of Copyright from Property Rights

7.—(1) Copyright does not depend on property right of that material object, in which

the work is expressed.

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(2) The transfer of property on material object or ownership does not result in transfer

of copyright on the work expressed in the object, except the case provided for by the

Article 18 of this Law.

Works to which Copyright Does Not Apply

8.—(1) Copyright does not apply to the following works:

(a) official documents (laws, decisions of courts, other texts of administrative and

normative character), as well as their official translations;

(b) official symbols of state (flag, emblem, anthem, award, monetary symbols, other

official signs and symbols of state);

(2) When using the works mentioned in subparagraph “(b)” of this Article under the

other persons name, it is possible to protect the right of author’s name.

Arising of Copyright

9.—(1) Copyright on scientific, literary and art works arises from the moment of their

creation. A work shall be regarded created, when it is expressed in any objective form

enabling its perception and reproduction.

(2) For arising and exercising of copyright registration of the work or compliance with

any other formalities is not required.

(3) The copyright holder can register his work in the Register of Georgian Intellectual

Property Center Sakpatenti. After registration the registrant is granted a certificate, which

itself does not create the presumption of authorship.

(4) A holder of exclusive copyright in order declare his rights can use the copyright

protection mark, which shall be affixed to every copy of the works and consists of three

elements:

(a) Latin letter C in a circle ©;

(b) the name (title) of the exclusive copyright holder;

Presumption of Authorship

10.—(1) The author being properly indicated as the author on the original or copy of

the work, shall be deemed as the author, unless the contrary is proved. This provision shall

also apply at publication of the work under a pseudonym, provided that the pseudonym is

commonly known.

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(2) When the work is published under pseudonym (with the exception of the cases

when the author is well-known under the pseudonym) or anonymously, the publisher, whose

name or title is indicated on the work according to the respective rule, is considered as a

representative of the author, unless the contrary is proved. He as the representative is entitled

to protect authors rights and ensure their exercise. This provision shall apply until the author

of such work reveals himself.

Co-Authorship

11.—(1) Copyright on the work created in result of joint efforts of two or more persons

(co-authors) belongs jointly to the co-authors, irrespective of the work is one indivisible

whole, or consists of the parts each having independent meaning. The relations among

co-authors shall be defined by an agreement concluded among them.

(2) None of the co-authors have the right to prohibit the use of the work without

substantial grounds.

(3) The co-authors can publish the work under a joint common pseudonym.

(4) Each co-author is entitled to use the part of the work created by him and which has

an independent meaning, if not provided for otherwise by the agreement concluded among

them.

(5) The part of the work created under co-authorship shall be considered as having

independent meaning, if it can be used without other parts of the work.

Rights of the Author (Compiler) of Compiled Work

12.—(1) Copyright belongs to the author of compiled work on selection and disposition

of material, which represents the result of his intellectual-creative work.

(2) The compiler shall protect the copyright of the authors of the works included in

compiled work.

(3) The authors of the works included in the compiled work are entitled to use their

works independently from the compiled work, if not provided for otherwise by copyright

contract.

(4) The copyright of compiler does not prevent other parties from selection and

disposition of the same material for creation of their compiled works.

Rights of the Author of Derivative Work

13.—(1) Copyright belongs to the derivative work author on derivation done by him.

(2) The author of the derivative work shall protect the copyright of the author of this

work.

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(3) The copyright of the derivative work’s author does not prevent other parties from

deriving the same work.

Exclusive Right of Publisher

14.—(1) The exclusive right to the use of encyclopedias, encyclopedic dictionaries,

scientific works, periodic publications and collections continuing one another, newspapers,

journals, and other periodical editions, works included in theses editions belongs to the

publisher. The publisher is entitled, at the use of such work in any form, to have his name

indicated or request claim indication. The use of the work included in a newspaper, magazine

or other periodical edition by the other party without the consent of the publisher of this

newspaper, magazine or periodical edition or the author of such work, except the cases

provided for by this Law. In the case of the use of the exclusive material published in the

press or other means of mass media by the other information medium it shall be necessary to

make reference of the information medium where this material was first published.

(2) The authors of the works included in the editions mentioned in the first paragraph

of this Article preserve the exclusive right to the use of their works, if there is not provided for

otherwise by copyright contract.

15.—(1) The authors (co-authors) of audiovisual work are: a producer, director, author

of script, dialogues, musical work with or without text specially created for this audiovisual

work.

(2) Conclusion of a contract on creation of audiovisual work results in transfer of the

exclusive right to the use of this work from the authors (co-authors) to producer under the

condition of receiving royalty for the use of the work in any form, if there is not provided for

otherwise by the contract. The author of the musical work created specially for the

audiovisual work preserves his right to receive royalty for the use of such musical work at

every public performance and public display of audiovisual work. The exercise of the right is

possible through the organization administering the authors economic rights on collective

basis.

(3) The producer of audiovisual work is entitled to have his name indicated or to claim

such indication at the use of such work in any form.

(4) The author of the work created earlier, which has been derived or included as a

component in the audiovisual work, as well as the author of the work created during the

process of audiovisual work creation, preserve their copyright on their work having

independent meaning. They enjoy the right to make use of his work independently, if there is

not stipulated for otherwise, provided, that such use shall not prevent the normal use of

audiovisual work.

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16.—(1) Copyright on the work created in the course of fulfillment of the employer’s

order (work created for hire), belongs to the author of the work created for hire.

(2) The exclusive right to the use of the work created for hire, conditioned by contents

and purpose of the task belongs to the person with whom the author has labor relations

(employer), if there is not provided for otherwise by the contract concluded between them.

(3) In regard to the computer program the employer enjoys the exclusive property right

to the use of created program, if there is not provided for otherwise by the contract.

(4) Within five years term from the handing over the work to the employer by the

author, the exclusive right to its use is transferred to the author.

(5) If the employer within three years from receiving of the work does not use the

work, the exclusive right to its use is transferred to the author. This provision is applied

where the use of the work has been terminated over two years under due reason. The

mentioned term can be changed upon agreement of the parties.

(6) The employer is entitled to indicate his name (title) or claim such indication at the

use of the work created in the course of employment.

(7) At the use of the work created for hire the amount of royalty and rule of payment

can be defined by the contract between the author and employer.

(8) This Article does not apply to derived work created for hire.

Personal Moral Rights of the Author of Work

17.—(1) The personal moral rights of the work’s author are the following:

(a) be recognized as an author of the work and claim such recognition on every copy

and/or at the use of the work in any from according the respective rule, including the right to

have the author’s name mentioned (right on authorship);

(b) mention pseudonym instead of the name and claim such mention on each copy

and/or at use in any form according the respective rule, also refuse the mention of the name

(right on the name);

(d) permit other persons enter changes in the work, in its name (title), as well as in

author’s name, also prevent entering the changes in the work without his consent (right on

inviolability of work);

(e) protect the work from any distortion or mutilation, that may damage his honor,

dignity or business reputation (right on respecting the reputation);

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(f) permit other parties complete the work with the works (illustration, preface,

summary, comments, explanations, etc.) of other authors;

(g) claim the termination of the use of the work (right on recall of the work). In this

case the author is obliged to declare recall publicly. The right on recall of the work does not

apply to the work created for hire.

(2) The exercise of the right provided for by the subparagraph “(g)” of this Article shall

be carried at the author’s expense. The author shall compensate the user of the work the

damages caused, including the unrealized profit. The author shall also withdraw from the

course of trade the copies of the work made earlier with the purpose of distribution.

(3) The personal moral rights belong to the author independently from his economic

rights and shall be preserved in case of alienation of these rights.

(4) The alienation of personal moral rights in the author’s life is inadmissible.

Economic Rights of the Author of Work

18.—(1) The author or other holder of copyright have the exclusive right to the use of

the work in any form.

(2) The exclusive right to the use of the work means the right to exercise, permit or

prohibit the following:

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

(b) distribution of the original or copies of the work among public by sale or lease or

transfer of property or ownership on other way (right on distribution);

copies made with the consent of the author or other holder of the right (right on importation);

(d) public display of the work (right on public display). This right does not apply,

where the public display is the result of lawful purchase of the work included in the course of

trade;

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

(f) public transmission of the work in ether or by cable including primary and/or

secondary transmission (right on public transmission);

(g) transmission of the work (right on translation);

(h) remake of the work (right on remake).

(3) The author or other holder of the copyright is entitled to receive the royalty for the

use of the work in any form (right on royalty).

(4) If the copies of the work published lawfully are sold, then their further distribution

without author’s consent and payment of royalty is permitted.

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(5) The author or other holder of copyright on musical work expressed in notes,

audiovisual work, computer program, database, work fixed on phonogram, or videogram have

the exclusive right on distribution of said work originals or copies by renting, without

prejudice on the property right on said original or copies.

(6) The exclusive right to the use of architectural, urban planning and landscape

architecture projects include the right on realization of the project.

(7) The amount of the royalty, rule of its calculation at any use of the copy is defined

by copyright, as well as by the contract concluded between the users and the organization

administering economic rights of authors on collective basis.

(8) The person, who after expiration of copyright term, publishes first the work, which

was not published earlier, shall have the property right on the work provided for by the

paragraph (2) of this Article.

(9) The limitations of economic rights stipulated by paragraph (2) of this Article are

defined by the Articles 21-28 of this law, provided that, such limitations do no prevent the

normal use of the work and damage unreasonably the legal interests of the author or other

holder of copyright.

Economic Rights on Computer Program and Database

19.—(1) An author of computer program along with the rights defined by Article 18 of

this Law enjoys the exclusive right to exercise, permit or prohibit the following:

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

partially. The authors consent is necessary, if such a reproduction is required for loading,

display, operation, transmission or saving of the computer program;

(b) translation, adaptation, systematization or other changes of computer program and

further reproduction of obtained results by preserving the rights of the person changing the

computer program;

including renting. With the first realization of program copies in Georgia by the author or

with his consent the right of control on spreading such copies within the territory of Georgia

is exhausted, with the exception of the right —to control further renting of program original

or copies.

(2) An author of database along with the right defined by the Article 18 of this Law

enjoys the exclusive right to exercise, permit or prohibit the following:

(a) temporary or permanent reproduction of database by any means and in any form,

completely or partially;

(b) translation, adaptation, systematization or other changes of database and

reproduction, public transmission, display or performance of database;

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with the first realization of database copies by the author or with his consent, the right of

control on sale of such copies is exhausted within the territory of Georgia;

(d) any transmission, display or performance before public, including direct

transmission in dialogue regime.

Rights of the Author of Fine Arts Work

20.—(1) An author of fine arts work has the right to request the owner of the work to

give him the permission on reproduction of his work (right on permission). With this the

owner shall not be requested to deliver the work to the author.

(2) After first alienation of fine arts work original in every separate cases of selling in

public (through auction, art saloon, exhibition of fine arts, shop or by other means) the author

or his legatees have the right to receive the royalty from the authors in the amount of 5 per

cent of the sale price. This right can be exercised through the organization administering the

authors economic rights on collective basis. The sellers are obliged to furnish said

organization with the information about selling.

(3) The alienation of the right provided for by paragraph (2) of this Article in the

author’s life is inadmissible. It shall be transferred to his legatees in respect to the Law or by

testament following the validity term of the copyright.

Chapter III

Limitation of Economic Rights

Reproduction of the Work by the Natural Person

for the Personal Purposes

21.—(1) It is permitted to reproduce the lawfully published work by the natural persons

only for personal purposes without consent or payment of the royalty to the author or other

holder of copyright, with the exception of cases provided for in the paragraph (2) and (3) of

this Article.

(2) The first paragraph of this Article shall not be applied:

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

(b) at reproduction of databases;

by the Articles 28 and 29 of this Law;

(d) reprographic reproduction of books (completely), music notations and works of fine

arts;

(e) at reproduction of audiovisual work or the work fixed as phonogram.

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(3) At reproduction of the audiovisual work or the work fixed on a phonogram by the

natural person for personal purposes, the author or other holder of copyright in difference

from the rule provided for in the first paragraph of this Article, has the right to receive

respective royalty.

(4) The royalty shall be paid at reproduction for personal purposes by producers and

importers of equipment (audio- and videorecorders and other equipment) and material carriers

(phono and video tapes, cassettes, laser disks, compact disks and other material carriers).

(5) Collection and distribution is executed by one of those organization, which govern

the economic rights of the authors, performers and phonogram producers on collective basis,

in respect to the contract concluded between these organizations. If there is not provided for

otherwise by the contract the royalty is distributed in the following way: 40 per cent – to the

authors, 30 per cent – to performers, 30 per cent – to phonogram producers. Said

organizations are entitled to claim information on production and importation of equipment

and material carriers referred to in the paragraph (4) of this Article from natural persons and

legal entities, as well as from state organizations and institutions.

(6) The amount of the royalty and payment order are defined, on the one hand, between

said producers and importers and, on the other hand, by the contract with one of those

organizations, which govern the economic rights of authors, performers and phonogram

producers on collective basis. If the parties fail to reach the agreement, the amount of the

royalty is determined by the Sakpatenti.

(7) The royalty is distributed among those authors and other holders of copyright and

neighboring rights of the work mentioned in paragraphs (3) and (5) of this Article and which,

possibly were reproducing it for personal purposes.

(8) The royalty shall not be paid for the equipment and material carriers provided for by

paragraph (4) of this Article which are:

(a) the subject of export;

(b) professional equipment, which is not intended for domestic use.

(9) The royalty shall not be paid at importation of said equipment and material carriers

by natural persons for personal purposes.

Reprographic Reproduction of Work by Libraries,

Archives and Educational Institutions

22. The reprographic reproduction without direct or indirect gaining of profit is

permitted, without consent of the author or other holder of copyright and without paying him

the royalty but with mandatory indication of the work author’s name and of the borrowed

source, and in separate cases – in the volume defined by the set aim. Such reprographic

reproduction is admissible:

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(a) in a single copy for substitution of destroyed, lost or indecent copies of lawfully

published work by libraries and archives; for substitution of lost, destroyed or indecent

copies from the funds of other libraries with the purpose of supplying the copies to these

libraries, if receiving of such copies in ordinary conditions through other means is impossible;

(b) in a single copy of lawfully published works and other small volume works, or

excerpts from written works (with the exception of computer programs), by libraries and

archives at the request of natural persons for educational, scientific or personal purposes;

excerpts from written works (with the exception of computer programs), by the educational

institutions for teaching purposes.

Exploitation of the Work Without Consent of

the Author and Without Paying Him the Royalty

23. It is permitted, without consent of the author or other holder of the copyright, and

without payment of the royalty but with obligatory indication of the author’s name of the used

work and of the borrowed source, to do the following:

(a) to cite from the lawfully published works original or translation, for scientific,

research, polemic, critical and information purposes in the volume justified for the purposes

of citing, including reproduction of excerpts from newspapers and journals in the form of

printed survey;

(b) to use excerpts from the lawfully published works in the form of illustrations,

printed matter, radio- and teleprograms, phono- and videorecording of educational character

in the volume defined by the set aim;

articles on current economic, political, social and religious issues in periodic publications or

similar works transmitted by aerial, only in the cases where such reproduction or public

transmission is not specially prohibited by the author or other holder of copyright. Whereas

the author shall preserve the right on publication of such work in collection;

(d) reproduction or communication to the public of the work seen or heard in the

process of reviewing current events, by means of taking photos, broadcast or cable

transmission in the volume justified for information purposes;

(e) reproduction or communication to the public of delivered publicly political

speeches, reports, lectures, addresses, sermons or other similar works, including speeches

made at court sessions, through newspapers, journals and other periodical editions in the

volume justified for information purposes. Whereas, the author shall preserve the exclusive

right on publication of such a work either in the form of separate collections, or a book.

(f) reproduction of the lawfully published work with relief-dotted print, or of other

special means for the blind persons, with the exception of the works specially created for such

methods of use.

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Use of Works Permanently Disposed in Places for Free Attendance

24. It is permitted, without consent of the author or other holder of copyright and

without paying the royalty to him, to make reproduction or communication to the public of

architectural, photographic and fine arts work permanently disposed in places open to free

attendance, with the exception of cases, when the image of the work represents the main

object of such reproduction or public communication or is used for gaining profit.

Public Performance of Musical Work at Ceremony

25. Without consent of the author or other holder of copyright and paying him the

royalty, it is permitted to perform publicly the lawfully published musical works at official,

funeral and religious ceremonies only in a volume justified by the character of such

ceremony.

Reproduction of the Work for Court Proceedings

26. Without consent of the author or other holder of copyright and paying him the

royalty, it is permitted to reproduce the work for court proceedings, only in the volume

defined by set purpose.

Short Term Recording of Work by Broadcasting Organization

27. The broadcasting organization is authorized, without consent of the author or other

holder of copyright and without payment of additional royalty to him, to record for short term

use of the work for which this organization has secured the right on broadcasting with the

observation of the following conditions:

(a) making of record by means of own equipment for own program;

(b) destruction of the record within six months from the date of making, if a longer

period has not been agree upon with the author of the recorded work. Only the recordation of

documentary character can be kept in the official archive without the author’s consent.

Limitations of the Computer Program and Database Owners Rights

28.—(1) A person, who owns lawfully a copy of a computer program or database, is

authorized without consent of an author or other holder of copyright and without paying him a

royalty to do the following:

(a) to enter changes in the computer program or database, necessary for functioning of

users of technical facilities, also carry out any action related to functioning of the computer

program or database, including recording and saving in computer memory (for one computer

or one user of network), correction of apparent mistakes, if there is not provided for otherwise

by the copyright contract;

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(b) make a reserve copy of computer program or database provided that this copy is

intended only for archive and for substitution of the lost, destroyed or indecent copy of lawful

owner.

(2) The reserve copy of computer program database shall not be used for the purposes

other than the rules defined by paragraph (1) of this Article and shall be distracted at

termination of computer program or database owner’s rights.

Free Use of Computer Program (Decompilation)

29. The person, who lawfully owns the copy of computer program is entitled without

consent of the author or other holder of copyright and without paying him the copyright

royalty, to conduct decompilation (reproduce and transform the objective coded in initial text)

of computer program, also order decompilation the other persons in the case, when it is

necessary to achieve interoperability among the computer program created by him and other

programs, provided that the following conditions are met:

(a) these actions are performed by the person having permission to use the program

copy, or on his behalf another person having the respective permission;

(b) the information necessary to achieve interoperability has not been available for him

by the other sources;

achievement of interoperability;

(d) the information received in result of decompilation shall be applied only for

achieving interoperability among the computer program created independently and other

computer programs. This information shall not be disclosed to other persons or used for

creation of a new computer program, which is substantially similar to the decompiled

program, or for any other action, which infringes copyright.

Free Use of Database

30. The lawful user of database original or copy can without consent of the database

author or other holder of copyright, conduct actions defined by the Article 19 of this Law,

when it is necessary to access the database and for its normal use, if the lawful user has the

right to use the part of database, said rights apply only to this part.

Chapter IV

Validity Term of Copyright

Arising of Copyright and Duration

31.—(1) The copyright arises at the moment of creation of the work and is valid during

the author’s life and during 70 years from his death, with the exception of cases provided for

by the Article 32 of this Law.

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(2) Calculation of the terms defined by this Article and Article 32 of this Law starts

from January 1 of the year following the year in which the legal fact, being basis for

beginning calculation of said terms, has taken place.

Validity Term of Copyright

32.—(1) The copyright on the work, which was published under pseudonym or

anonymous, is valid for 70 years from the date of its lawful publication. If the author within

this period reveals his personality, or his personality is doubtless paragraph (1) Article 31 of

this Law shall be applied.

(2) The copyright on the work created with a co-author is valid during the life of each

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

(3) If the work is published in volumes, parts, editions or episodes, and copyright

validity term is calculated from the date of lawful publication, this term shall be calculated for

each such work.

(4) The copyright on the work mentioned in Articles 12 and 13 is valid during 70 years

from the date of their lawful publication, and if the work has not been published – from the

date of its creation.

(5) The copyright on audiovisual work is valid during 70 years from the death of the

last author (co-authors) mentioned in the paragraph (1) Article 15 of this Law.

(6) The economic copyright of the person, who published lawfully the work not

published earlier (paragraph (8) Article 18 of this Law), shall be valid during 25 years from

the date of its lawful publication.

Limitless Copyright

33.—(1) The right on authorship, right on name, right on the work inviolability and

right on respect of reputation in relation to the particular work are protected without any time

limit.

(2) After expiration of the copyright term, the other author is not allowed to use the

name of the work for the work of the same genre, if such use can result in confusion of

authors, that shall mislead the public.

(3) The publication of the work under such pseudonym, which may cause the

identification with the author of the work published earlier, that shall mislead the public.

Use of Expired Copyright

34.—(1) The work on which the copyright validity term has expired, can be used by

any person without paying the copyright royalty. At the same time, the rights on ownership,

name, inviolability of the work and respect of reputation shall be preserved. This rule applies

to the works, which were not protected within the territory of Georgia.

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(2) By Georgian legislation the special fees may be established for the use of the work

within the territory of Georgia, on which the copyright validity term has expired. The income

collected from such fees shall be transferred to the authors professional funds and

organizations, which govern the economic rights of the authors on collective basis. The

amount of fees shall not be more than 3 per cent of the profit gained from the use of the work.

Chapter V

Grounds for Transfer of Copyright

35.—(1) The copyright shall be transferred under the Law or testament in respect to the

inheritance rule.

(2) According to the Law the exclusive rights to the use of the work defined in the

Article 18 of this law within the copyright validity terms is transferred to his legatees, if there

is not provided for otherwise by the testament.

(3) Right on authorship, on name and on inviolability of the work shall not be

transferred by the right on succession. The legatees have the right to exercise the protection

of said personal rights. This competence is not limited by terms.

(4) Unless the contrary was provided for by the author during his life, from his personal

rights the right to permit other parties complete the work with the works of other authors

(illustration, introduction, epilogue, comments, explanation, etc.) is transferred through

inheritance. Said right is transferred onto the legatees following the validity term of the

(5) The author has the right to indicate the person, who he appoints for the protection of

the rights defined in the paragraph (3) of this Article. This person carries out his obligations

until the authors death.

(6) When the legatees do not exist or exercise unlawfully the rights provided for in the

paragraph (3) of this Article, these rights are protected by Sakpatenti.

Transfer of Author’s Economic Rights

36.—(1) The author or other holder of copyright may transfer his economic rights to

his legatee. All the exclusive rights to the use of the work defined by the Article 18 of this

law are transferred to the legatee.

(2) The permission on use of the work in a special way is granted on basis of copyright

contract on granting of exclusive or simple license.

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Exclusive License

37.—(1) In respect to the copyright contract on transfer of exclusive rights (exclusive

license), the author or other holder of copyright transfers the exclusive right to the use of the

work in a definite form and scopes defined by the contract only to the licensee and entitles

him to prohibit such use of the work by other parties (including author).

(2) The author may enjoy the right to prohibit other parties from the use of the work, if

the licensee does not exercise protection of this right.

Simple License

38.—(1) In respect to the copyright contract on transfer of rights (simple license), the

author or other holder of copyright permits the licensee to use the work on equal basis with

the parties enjoying the right to the use of the work in the similar way.

(2) The right transferred by the copyright contract shall be deemed as simple, if there is

not provided for other wise by the contract.

Use of Work After Granting of Exclusive License

39. Even in the case of granting of the exclusive license rights to the use of the work

(exclusive license), the author of literary work and musical work shall preserve the right on

publication of such a work only in the full collection of his works, if 5 years have expired

after publication of the work as a result of transfer of the exclusive right. Hereto, the author is

not authorized to use this work separately from the collection.

40.—(1) The copyright contract shall provide for: the exact description of the work to

be used (volume, genre, title), the concrete form of the use of work, the term and territory of

the rights transfer, the rule of determining the royalty amount or the amount of royalty for

each form of the work, the rule and term of its payment, as well as other conditions which

shall be considered essential by the parties.

(2) The right to the use of the work in all those form, which are not defined directly by

the copyright contract, belongs to the author.

(3) Where the copyright contract does not provide for the concrete form of the work use

(concrete rights transferred by copyright), the contract shall be considered to be concluded on

such use of the work, which can be deemed as necessary for fulfillment of the purpose, which

they had at concluding of the contract.

(4) Where the copyright contract does not provide for the term of right transfer, the

contract may be canceled by the author after expiration of 3 years from the date of its

conclusion. The user shall be notified about this in a written form 6 months before the

annulment of the contract.

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(5) Where the copyright contract does not provide for the territory of right transfer, the

right transferred is valid only within the territory of Georgia.

(6) The amount of royalty and the rule of its payment in the copyright contract shall be

defined under the agreement of parties.

(7) If, in the copyright contract at publication or other reproduction of the work the

royalty is determined in the fixed amount, the contract shall define the maximum edition of

the work copies.

(8) The rights transferred under the copyright contract may be fully or partially

transferred to other parties, if there is directly provided for by the contract.

Annulment of Copyright Contract

41.—(1) The conditions of the copyright contract limiting the rights of the author to

create a work in future on a certain theme or in the certain field, is considered invalid.

(2) The subject of the copyright contract shall not be the transfer of the right on the

work, which may be created by the author in future.

Form of Copyright Contract

42. The copyright contract shall be concluded in a written form. The contract on

publication of the work in the periodical publication may be concluded verbally. The contract

on a single transmission of a verbal work by television or radio may also be concluded

verbally.

Contract on Creation of Work

43.—(1) According to the contract on creation of the work, the author takes

responsibility to create the work in respect to the conditions of the contract and hands it over

to the client, and the client is obliged to receive the work and pay the author the royalty.

(2) The author is responsible to create the work personally, if there is not provided for

otherwise by the contract. Attracting the other person (persons) in creation of the work is

permitted only at client’s consent.

(3) The client is responsible within the term defined by the contract consider the work

and notify the author of his favorable opinion in the written form or on basis of contract

conditions of his unfavorable opinion or of necessity of entering changes.

(4) If the author within the terms defined by the contract is not notified in the written

form, the work is considered as approved.

(5) The rule of paying advance to the author, the terms and amount are defined by the

contract.

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Obligation on Compensation of Damages

44. The party, which did not fulfill or fulfilled insufficiently the obligations taken under

the copyright contract shall compensate the other party the damages, including the neglected

profit.

Chapter VI

Neighboring Rights of Copyright

Neighboring Rights

45.—(1) Protection of neighboring rights of copyright provided for in this Chapter does

not prevent the copyright protection.

(2) The neighboring rights are exercised with respect to copyright. None of the

provisions of this Chapter is explained as infringing of copyright protection.

Subjects of Neighboring Rights

46.—(1) The subjects of the neighboring rights are: performers, producers of

phonograms or videograms and broadcasting organizations.

(2) The producers of phonograms and videograms and broadcasting organizations

exercise their rights provided for by this Chapter within the scope of authorization entitled

under the contract concluded with the author and performer of the work fixed in the

phonogram or videogram, or broadcasted or transmitted by the cable.

(3) The performer exercises the rights provided for by this Chapter under the condition

of protection rights of the performed works author.

(4) It is not obligatory to observe any formalities for arising and execution of the

neighboring rights. The producer of a phonogram or performer for declaration of the their

rights may apply the sign protecting the neighboring rights, which shall be affixed to each

copy of the phonogram and/or its case and consists of three elements:

(a) the Latin letter P in a circle;

(b) the name (title) of the holder of exclusive rights;

Rights of Performer

47.—(1) A performer on his performance has the following personal and economic

rights:

(a) the right on the name;

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(b) the right to protect his performance from any distribution, or other infringing, which

may damage the honor, dignity or business reputation (right on respect of reputation);

for the use of the performance in any form;

(2) The exclusive right to the use of the performance means to permit or prohibit the

following:

(a) recording of the performance, which was not recorded before;

(b) reproduction of the performance record, with the exception of the cases, when the

performance was recorded with the consent of the performer and the reproduction is carried

for the same purpose, for which it was recorded;

the public of the performance, with the exception of cases, when there is transmitted the

earlier recorded or transmitted performance with the consent of the performer;

(d) transmission of the recorded performance by broadcast or cable, if this performance

was not recorded initially for the purpose of gaining profit;

(e) renting to the publisher the phonogram or videogram, on which the performance is

fixed with the participation of the performer.

(3) The permission provided for by the paragraph (2) of this Article is granted by the

performer, and permission on the performance or performers’ collective – by the head of

such a collective, on the basis of the written contract concluded with the user.

(4) Conclusion of the contract between the performer and the broadcasting organization

on transmission of the performance by broadcast or cable, results in transfer of the right on

recording of the performance, on its further transmission and reproduction of the record in the

case, if it is directly provided for by the contract. In the case of such use the amount of the

royalty payable for the performance is determined by said contract.

(5) Conclusion of the contract on creation of audiovisual work between the performer

and the audiovisual work producer results in transfer of the rights provided for by the

paragraph (2) of this Article, if there is not provided for otherwise by the contract. Transfer of

such rights by the performer is limited to the use of the audiovisual work and unless there is

not provided for otherwise by the contract, it does not include the right to separate the use of

sound and the image fixed in the audiovisual work.

(6) Conclusion of the contract on recording of the performance on the phonogram or

video gram between the performer and producer of phonogram or videogram results in

transfer of the right by the performer on renting of the phonogram or videogram. Whereas,

the performer preserves the right to receive the royalty for renting the copies of such

phonogram or videogram.

(7) For the performance created at fulfillment of official duties or by the order of the

employer, the performer enjoys the right on the name. The exclusive right to the use of such

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performance belongs to the person with whom the performer has labor relations, unless

provided for otherwise by the contract concluded between them.

(8) The exclusive right defined by the paragraph (2) of this Article may be transferred

to the other party.

Exclusive Rights of Phonogram Producer

48.—(1) The producer of the phonogram enjoys the exclusive right to use the

phonogram in any form, including the right to receive the royalty for using the phonogram in

each form.

(2) The exclusive right to the use of phonograms means the right to conduct, permit or

prohibit:

(a) reproduction of the phonogram;

(b) first distribution of the phonogram copies;

(d) distribution of the phonogram copies in the public through renting, or transfer of the

property or ownership in any way;

(e) importation of phonogram copies with the purpose of distribution, including those

copies produced with the consent of phonogram producer.

(3) The exclusive right of phonogram producer provided for by the paragraph (2) of

this Article can be transferred to the other party under the contract.

Exclusive Rights of Videogram Producer

49.—(1) The producer of the videogram enjoys the exclusive right to use the

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

each form.

(2) The exclusive right to the use of videogram means the right to permit or prohibit:

(a) reproduction of the videogram;

(b) first distribution of the videogram copies;

(d) distribution of the videogram copies in the public through renting, or transfer of the

property or ownership in any way;

(e) importation of videogram copies with the purpose of distribution, including those

copies produced with the consent of videogram producer.

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(3) The exclusive right of videogram producer provided for by the paragraph (2) of this

Article can be transferred to the other party under the contract.

Exclusive Rights of Broadcasting Organization

50.—(1) The broadcasting organization enjoys the exclusive right to use its program in

any form, including the right to receive the royalty for using the program in each form.

(2) The exclusive right to the use of program means the right to permit or prohibit the

following:

(a) recording of the program;

(b) reproduction of program record, with the exception of the cases, when the program

is recorded with the consent of broadcasting organization and the reproduction is conducted

with the same purpose, for which it was fixed;

cable broadcasting organization;

(d) transmission of the program by aerial of cable;

(e) public transmission of the program, where the entry is paid;

(f) distribution of the program record in the public by sale or renting, or transfer of

property or ownership through other ways.

Free Use of Neighboring Rights Object

51.—(1) The limitations of neighboring rights provided for by this Law does not

prevent the normal use of the performance, phonogram, videogram, program of broadcasting

organization and does not damage unreasonably the lawful interests of the performer,

phonogram or videogram producer and broadcasting organization.

(2) The use of performance, phonogram, videogram, broadcasting organization

programs and their records without consent of the performer, phonogram or videogram

producer and broadcasting organization and without payment of the royalty to them, is

permitted in the following cases:

(a) at citing in the form of excerpts from the performance, phonogram, videogram, the

program of broadcasting organizations, provided that such citation is carried out for scientific,

research, polemic, critical and information purposes – only in such volume, which is justified

by the set purpose;

(b) at teaching or scientific research in the form of excerpts and illustrations – only in

the volume justified by the set purpose;

phonogram, videogram, the program of broadcasting organization.

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(3) The use of performance, program of broadcasting organization and their records by

the natural persons, as well as the reproduction of phonogram or videogram for personal

purposes without the consent of the performer, broadcasting organization, phonogram or

videogram producer is permitted. Such reproduction is conducted under the condition of

paying the royalty by the rule defined by the Article 21 of this Law.

Use of Phonograms Produce for Commercial Purposes

52.—(1) It is permitted, without consent of the producer of phonogram produced for

the purpose of gaining profit and the performer of the work fixed in the phonogram, but by

paying the royalty to do the following:

(a) conduct public performance of phonogram;

(b) transmit the phonogram by aerial or cable.

(2) Collection and distribution of the royalty provided for by the paragraph (1) of this

Article is executed by one of those organizations, which govern the rights of the performers

and phonogram producers on collective basis.

(3) The amount of the royalty and rule of its payment is defined, on the one hand,

between the phonogram users, and, on the other hand, one of the organizations administering

the economic rights of phonogram producers and performers on collective basis. If the parties

fail to reach the agreement the amount of the royalty shall be determined by Sakpatenti. The

amount of the royalty shall be determined for each form of phonogram use.

(4) Users of the phonogram shall submit to the organizations mentioned in the

paragraph (2) of this Article the programs (plans) including the precise information on the

amount of phonogram use, as well as other certificates and documents needed for collection

and distribution of the royalty.

Recording of Performance of Program by

the Broadcasting Organization for Short-Term Use

53. The wireless broadcasting organization is authorized, without consent of the

performer, phonogram or videogram producer and broadcasting organization, to conduct

recording of performance or program for short-term use and reproduction of such record

provided that the following conditions are met:

(a) receiving of the preliminary consent on transmission of the performance or

program;

(b) making of short-term recording and its reproduction by means of the own

equipment for the own program;

records of scientific, literary and art works.

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Chapter VII

Special Provisions on Database Producer’s Rights

Database Producer

54.—(1) The database producer able to prove, that he has carried substantial

investments from the qualitative and quantitative point of view for purchase of database

contents, verifying or representation, enjoys the exclusive right to prevent the withdrawal of

its whole contents or significant part evaluated qualitatively or quantitatively and/or repeated

use.

(2) For the purposes of this Chapter withdrawal means transfer of the whole contents of

database or its significant part permanently or temporarily on the other material carriers by

any media or form, and repeated use means communication to the public of the whole

contents of database or its significant part by renting of copies, in dialogue or direct or other

form of transmission. After selling of database copies, their further sale without consent of

database producer is permitted.

(3) Repeated or systematic withdrawal and/or repeated use of database contents

insignificant part is inadmissible, if such action prevents its normal use and damages the

lawful interests of database producer unreasonably.

(4) The rights of database producer provided for by the first paragraph of this Article

can be transferred to the other party under the contract.

(5) The rights defined in the first paragraph of this Article are valid where the database

is protected by copyright or not and its contents is acceptable or not. The protection of

database in respect to the rights provisioned in the paragraph (1) of this Article shall not

damage the related copyrights.

Rights and Obligations of Database Lawful User

55.—(1) The producer of the disclosed database has nor right to prevent the database

lawful user to take the insignificant part of database contents evaluated qualitatively and/or

quantitatively and/or repeated use with any purpose. If the lawful user has the right to

withdraw the part of database and/or the right on repeated use, this applies only to this part.

(2) The action of the lawful user of disclosed database shall not violate the lawful

interests of database producer.

(3) The lawful user of disclosed database shall not violate the rights of the holder of

database.

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Limitation of Database Producer’s Rights

56. The lawful user of database is entitled to do the following without the consent of its

producer:

(a) withdraw for personal purposes the significant part of non-electronic database

contents;

(b) withdraw for illustration of study and scientific research material the significant part

of database contents, by indicating of the source and in the volume defined by set

non-commercial purpose;

purposes of public security and administrative or court proceedings.

Chapter VIII

Validity Term of Neighboring Rights

Validity Terms of Neighboring Rights

57.—(1) The performer’s right defined by Article 47 of this law is valid within 50 years

from the first performance. If within this term the record of the performance was lawfully

disclosed or displayed publicly, this term continues for 50 years from the first disclosure or

display.

(2) The right of the performer on the name and on repeat of his reputation is protected

without any time-limit. These rights are not transferred by inheritance. The protection of

performer’s personal rights, after his death is carried out in respect to the rule protecting the

personal moral rights of scientific, literary and art works authors.

(3) The right of phonogram or videogram producer provided for by the Articles 48-49

of this Law is valid during 50 years from the first disclosure of the phonogram or videogram.

If within this term the phonogram or videogram was lawfully disclosed or displayed publicly,

this term is continued from the first disclosure or public display during 50 years.

(4) The right of broadcasting (cable) organization is valid during 50 years after first

transmission of such organization program by broadcasting (cable).

(5) The right of database producer defined by the Article 54 of this Law is valid during

15 years from making the database. If within this term the database is disclosed, the 15 years

shall be calculated from the disclosure.

(6) The change of the database evaluated qualitatively and/or quantitatively defined by

the Article 54 of this Law, in particular, any significant change proceeding from annulment or

correction enabling to determine from qualitative or quantitative point of view, that a

substantial investment was conducted, creates possibility to give its own term to the database

changed in result of such investment.

YH Collection of Laws for Electronic Access GEORGIA

(7) Calculation of the term defined by this Article starts from January 1st of the year

which follows the year in which the legal act has taken place being the basis for calculation of

said term.

(8) The right provided for by this Chapter within the remaining time-period of the

terms defined by paragraphs (3), (4), (5) and (6) of this Article shall be transferred to the

legatees of the performer, phonogram or videogram producer and broadcasting organization,

but in the case of legal entity – to his successor.

Chapter IX

Protection of Copyright and Neighboring Rights

Infringement of Copyright and Neighboring Rights

58.—(1) Infringement of copyright and neighboring rights defined by this Law shall

result in the civil, criminal and administrative responsibilities. The legal entity for

infringement of copyright and neighboring rights shall be liable under the civil law.

(2) The natural person or legal entity, who does not meet the requirements of this Law,

shall be considered to be the infringer of copyright and neighboring rights.

(3) The following shall be deemed to be the infringement of copyright and neighboring

rights:

(a) deleting of the electronic information managing the right without the consent of the

holder of the right;

(b) publication of the work or neighboring rights object by any means, when the person

was aware or had the basis to know, that the electronic information managing the rights was

deleted or altered without the consent of the holder of the right.

Protection of Copyright and Neighboring Rights

59.—(1) The holders of the exclusive and neighboring right can demand the infringer:

(a) recognition of the right;

(b) restoration of the state existing before the infringement and preventing of the

actions infringing the right or creating the danger of its infringement;

(d) instead of the reimbursement of losses demand the confiscation of the income,

obtained by the infringer by infringing of copyright and neighboring rights;

(e) instead of reimbursement of losses and confiscation of income paying the

compensation, the amount of which is determined by the court;

YH Collection of Laws for Electronic Access GEORGIA

(f) taking other measures related to protection of their rights, provided by the legislation

of Georgia.

(2) The measures defined by subparagraphs “(c)”, “(d)” and “(e)” of this Article are

applied by choice of the copyright and neighboring rights holder.

(3) At determining of the reimbursement of losses the court shall consider the essence

of infringement, the moral and economic damage caused to the holder of copyright and

neighboring rights, as well as the expected income, which could be received by the author or

other holder of copyright and neighboring rights at lawful use of the work or neighboring

rights object. At compensation of damages the court expenses, including the representative

and lawyer fees, shall be taken into account.

Counterfeit Copies

60.—(1) The copies of the work, phonogram or videogram the manufacturing or

distribution of which causes the infringement of copyright and neighboring rights, are

deemed to be the counterfeit copies.

(2) The copies of those works, phonograms and videograms protected in Georgia in

respect to this Law and without the consent of copyright and neighboring rights holder were

imported to Georgia from the state, where they never have been protected or where their

protection was terminated, are considered as counterfeit.

(3) The court may take the decision or confiscation of the counterfeit copies of the

work, phonogram or videogram, as well as materials and equipment for their reproduction.

The counterfeit copies of the work, phonogram or videogram can be handed over to the

holders of copyright and neighboring rights at their request.

(4) The counterfeit copies of the works, phonogram or videogram which have not been

recalled by the holders of copyright and neighboring rights, as well as the materials and

equipment needed for their reproduction are subject to destruction on basis of court decision.

(5) The counterfeit copies of the work, phonogram or videogram purchased lawfully by

the third party shall not be confiscated.

Procedures for Enforcement of Appeal on Protection

of Copyright and Neighboring Rights

61.—(1) Before disposing of a legal proceeding the court or the judge can individually

take the decision prohibiting the defendant, or the person suspected of copyright and

neighboring rights infringement, conducting of certain actions such as production,

reproduction, sale, renting, importation and other use of the work defined by this Law, as well

as transportation of the work or neighboring rights object, storing and possession with the

purpose of distribution suspected reasonably to be counterfeit.

(2) Before disposing of a legal proceeding the court or judge individually can take the

order on retaining and redemption of all the copies of the work and neighboring rights object

YH Collection of Laws for Electronic Access GEORGIA

suspected reasonably to be counterfeit, as well as on materials and equipment for their

production and reproduction.

(3) At existing of the sufficient data on infringement of copyright and neighboring

rights object liable to the criminal responsibility, the investigating body, investigator or court

are obliged to take measures for enforcement of civil appeal submitted or to be submitted in

future by searching and retaining the following items:

(a) copies of the work or neighboring rights object suspected reasonably to be

counterfeit;

(b) materials and equipment intended for production or reproduction of counterfeit

copies;

State Policy in the Field of Copyright and Neighboring Rights

62.—(1) Sakpatenti ensures the conducting of the state policy in the field of copyright

and neighboring rights and exercise other functions entitled by the Law. Its status and

competence is defined by this Law and on basis of respective provision.

(2) Sakpatenti is authorized:

(a) ensure the conducting of state policy in the field of copyright and neighboring rights

legislation and submit to the President of Georgia the proposals for its development;

(b) represent Georgia at international organizations of copyright and neighboring rights

protection;

Chapter X

Administration of Economic Rights on Collective Basis

Establishment of the Organization

Administering Economic Rights on Collective Basis

63.—(1) The authors of scientific, literary and art works, performers, producers of

phonograms and videograms and other holders of copyright and neighboring rights are

authorized for the purposes of exercise of their economic rights establish organizations

administering economic rights on collective basis.

(2) The organization administering economic rights on collective basis is established

voluntarily by the holders of copyright and neighboring rights, in the from of non-production

legal entity – association. After registration by the prescribed rule the Registrar shall notify

of the fact the Ministry of Justice, which shall register it in the Register of organization

administering copyright. The organization is not permitted to conduct production activities

YH Collection of Laws for Electronic Access GEORGIA

and use the work or the neighboring rights object, which was transferred to it for

administration on collective basis. Said organization acts within the scope of authorization

defined by the holders of copyright and neighboring rights on basis of by-laws.

(3) The by-laws of the organization administering economic rights on collective basis

shall contain the provisions complying with the requirements of this Law. The activity of the

organization is administered by the holders of copyright and neighboring rights, the economic

rights of which is administered by the organization. The decisions on the royalty amount and

conditions of granting licenses to the users, or distribution of collected royalty and the rule of

payment, as well as on other important issues are taken by the holders of copyright and

neighboring rights jointly at the meeting.

(4) It is permitted to establish separate organization in respect to the different categories

of right or right holders, or organizations, which administer different right of the holders of

one specific category rights.

(5) The limitations provided for by antimonopoly legislation shall not be applied to

these organizations organization administering economic rights on collective basis.

Activity of the Organization Administering

Economic Rights on Collective Basis

64.—(1) The authorization to administer economic rights on collective basis to

organization is granted voluntarily by the holders of copyright and neighboring rights on basis

of written contract relating to their membership of this organization, as well as on basis of

contract on mutual representation conducted with the similar foreign organizations. Said

contract is not a copyright contract and the Article 40 of this law does not apply.

(2) Any author, holder of neighboring rights, their legatees, other holders of copyright

and neighboring rights have the right to transfer their economic rights for administration to

this organization, and the organization is obliged to administer these rights on collective basis,

if administration of the given category of rights falls with the activity of the organization

defined by the by-laws.

(3) In respect to the rights obtained in compliance with this Article, the organization

administering economic rights on collective basis grants the licenses to the users for using the

work or neighboring rights object in respective form. The conditions of the licenses must be

similar for all the users of the specific category. The organization is not entitled to refuse the

user on granting the license without reasonable grounds.

(4) The organization administering economic rights on collective basis is authorized to

demand from the user of the work or neighboring rights object all those documents containing

precise certificates on the use of the work or neighboring rights object, necessary for

collecting and distribution of royalty.

YH Collection of Laws for Electronic Access GEORGIA

Rights of the Organization Administering

Economic Rights on Collective Basis

65. The organization administering economic rights on collective basis in the name of

the holders of copyright and neighboring rights and on basis of their authorization has the

right:

(a) to agree upon the amount of royalty and other conditions of license with the user;

(b) to grant the license on the use of those rights being administered;

without granting the license in the cases defined by the paragraphs (2) and (3) Article 51 and

paragraph (4) Article 1 of this Law;

(d) to collect the royalty defined by the license and/or the royalty defined by the

subparagraph “(c)” of this Article;

(e) to distribute and pay the respective royalty to the holders of copyright and

neighboring rights;

(f) to conduct legal acts necessary for protection of the rights transferred to it for

administration;

(g) to conduct other activities within the scope of competence granted by the holders of

Responsibilities of the Organization

Administering Economic Rights on Collective Basis

66.—(1) The activity of the organization administering economic rights on collective

basis shall be conducted in respect to the interest of the holders of copyright and neighboring

rights, represented by this organization. For this purpose the organization is obliged:

(a) to use the collected royalty only for distribution and payment to the holders of

the royalty spent for collection, distribution and payment and from the sums transferred to the

special fund established under the decision of the holders of the rights;

(b) after stopping the sums mentioned in the subparagraph “(a)” of this Article

distribute and pay the royalty proportionally to the real use of the work or the object of

neighboring rights;

information on the use of their rights at payment of the royalty.

(2) The holders of copyright and neighboring rights, which have not transferred to the

organization the rights related to collection of the royalty, may request the organization

YH Collection of Laws for Electronic Access GEORGIA

payment of the royalty according to the conducted distribution or exclusion of their work or

neighboring rights object from the license granted by this organization to the users.

Chapter XI

Transitional Provisions

Spreading of the Norms of this Law on Relations Established Earlier

67.—(1) This Law covers the relations arisen after enactment of this Law related to

creation and use of copyright and neighboring rights objects.

(2) To the work for which 70 years validity term of copyright has not expired, are

applied the validity terms defined by the Articles 31-32 of this Law.

(3) To the performance, on which the 50 years copyright validity term has not expired

from its first performance, applies the validity term of performers rights defined by the

paragraph (1) Article 57 of this Law.

(4) To the phonogram and videogram, on which 50 years from their first lawful display

or creation have not expired before enactment of this Law, in the case, where they were not

displayed within the mentioned term, applies the neighboring rights validity term defined by

the paragraph (3) Article 57 of this Law.

(5) To the programs of broadcasting organizations, on which 50 years from their lawful

disclosure of creation have not expired, in the case, where they were not displayed within the

mentioned term, applies the neighboring rights validity term defined by the paragraph (3)

Article 57 of this Law.

Chapter XII

Final Provisions

Invalidated Normative Acts

68. At entering into force of this Law all the normative acts contradicting with this Law

shall be considered invalid.

Entry into Force

69. This law shall enter into force at publication.

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Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:

a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and

b) Customer is a person, who accepts this Offer and who is the author of any publication.

Article 2. Acceptance.

1. The Customer shall accept this Offer in case of and after the following activities:

a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and

b) provide the author’s abstract specifying what material was created by the author; and

c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and

d) post (“upload”) the material itself on the Executor’s official website; and

e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.

2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.

3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.

Article 3. Scope of the Agreement.

1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.

2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.

3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.

4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.

5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.

Article 4. Register.

1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.

2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.

3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.

4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.

5. Both the Register and the official website shall be the Executor’s property.

6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.

7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.

Article 5. Obligations of the Parties.

1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.

2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.

3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.

4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.

5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.

Article 6. Payment for the Executor’s services. Agreement price.

1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.

2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.

3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.

4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.

5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.

6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.

Article 7. Withdrawal from the Agreement.

1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.

2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):

a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or

b) provision of false information by the Customer; and/or

c) any other technical reasons.

Article 8. Information sharing.

1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).

2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.

3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.

Article 9. Arbitration.

1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.

2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.

Article 10. Other terms and conditions.

1. This Agreement is made in written and electronic form, in one counterpart, which:

a) Agreement in writing is kept in the Executor’s office, and

b) posted in electronic form on the Executor’s official website in Internet.

2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.

3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.

4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.