The main legislative act regulating copyright and related rights in Georgia is the Law on Copyright and Related Rights (1999). In addition, Georgia is a member of:
- The Berne Convention for the Protection of Literary and Artistic Works (since May 16, 1995);
- The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (since 14 August 2004);
- The World Intellectual Property Organization Copyright Treaty (WCT) and World Intellectual Property Organization Performance and Phonograms Treaty (WPPT) since May 20, 2002:
- The Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) of the World Trade Organization (WTO) since 14 June 2000.
As for the issues related to the infringements of copyright and related rights, they are regulated by the following legislative acts:
- Code of Administrative Offenses of Georgia (Articles: 1571, 1572, 1573 and 239);
- Criminal Code (Article 189);
- Law of Georgia on Border Measures Related to Intellectual Property, which defines special mechanisms to prevent the import and export of counterfeit goods
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.
The legislation determines copyright relating to on-air broadcasting.
The Law on Copyright and Related Rights (1999) separately defines the so-called Artist’s Resale Right “Droit de suit” of the author of fine arts and photographic works, that means a right granted to artists or their heirs to receive a fee on the resale of their works of art.
Authors can exercise their rights both individually and collectively through a property rights management organization.
Georgian Copyright Association (GCA) – This collective management organization was created by authors and neighboring rights’ holders and has been functioning since 1999. GCA has more than 2000 local members.
Association is granted the authority to represent not only local authors and neighboring rights holders but also foreign authors and neighboring rights holders through the reciprocal representation agreements with foreign sister societies. GCA has established more than 200 agreements with foreign sister societies and represents more than 5 million authors and neighboring rights’ holders in Georgia.
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