5.1.7 Copyright provisions
Georgia is a party to the international agreements on the protection of intellectual property – the Paris and Berne Conventions.
In Georgian legislation, relations on copyright in the sphere of intellectual property and moral rights relating to the creation of a scientific, literary and art work are regulated by the Law on Copyright and Related Rights (1999). Copyright – the integral / essential right of work / art is the homogenous right - which includes the moral rights, economic rights and related rights - of the author. This Law regulates the relations allied to the copyright of performers, phonogram and videogram makers, broadcasting and database makers. State policy in the protection of copyright and related rights is implemented and safeguarded by the National Centre for Intellectual Property, SAKPATENTI.
Copyright accrued within the creation of scientific, literary and art works is safeguarded under the Law. In relation to royalties, the state has established the following guidelines: reproduction of creative products is allowed where they have been legally published or are regarded as common property due to public distribution / awareness; the sum of royalties and terms of payment shall be established under the law, on the one side, and under the contract between the parties, on the other side. In circumstances where the royalty rights are unclear, either party can request a decision from SAKPATENTI (This decision may be appealed within 2 months).
The legislation determines copyright relating to on-air broadcasting.
The Law on Limiting Measures in Connection with Intellectual Property adopted on 23 June 1999 does not mention "the owners and objects of related rights", although audio and videocassettes and CDs are the objects of related rights. Therefore, this Law loses its significance and is inefficient.
The legislative base in the sphere of copyright in Georgia is not well developed and there are often infringements of the existing laws. A number of reasons exist for violations of the legislation including: inadequate and weak infrastructure, mechanisms of protection and legislative base; a lack of culture managers and copyright specialists; and a low level of awareness of the legislation among the community and target groups.
Recently in Georgia the debates on moral rights have become more intensive as the concept of moral rights is often not understood by the authorities in relation to sculptors and architects in circumstances where their work is moved, remade or demolished within the context of reconstruction and renovation of public spaces related to the new investment policy (see chapter 7.1).