WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/GEO/C/1
12 April 2002
(02-2005)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
GEORGIA
The present document reproduces the text1 of the Law on Copyright and Neighbouring
Rights, as notified by Georgia under Article 63.2 of the Agreement (see document IP/N/1/GEO1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
GÉORGIE
Le présent document contient le texte1 de la Loi sur le droit d'auteur et les droits voisins,
notifiée par la Géorgie au titre de l'article 63: 2 de l'Accord (voir le document IP/N/1/GEO/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
GEORGIA
En el presente documento se reproduce el texto1 de la Ley de derecho de autor y derechos
conexos, notificado por Georgia en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el
documento IP/N/1/GEO/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/GEO/C/1
Page 2
LAW OF GEORGIA
ON COPYRIGHT AND NEIGHBORING RIGHTS
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1. PURPOSE OF THE LAW
The purpose of this Law is to protect co pyright property and personal non-property
rights arising at creation and use of scientific, literary and artistic works (copyright), andsome of their neighboring rights relate d to performers, producers of phonograms,
videograms, databases and broadcasting organizations (neighboring rights).
ARTICLE 2. INTERNATIONAL AGREEMENTS
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.
ARTICLE 3. SUBJECT MATTER OF THE LAW
This Law shall apply to:
a) scientific, litera ry 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 entityregistered in respect to the rule prescribed by the legislation of Georgia;
b) scientific, litera ry and artistic works, phonogram and videogram first published
in the territory of Georgia. The work, phonogr am or videogram shall be deemed as first
published in Georgia, if after first publicati on abroad within 30 days they are published
within the territory of Georgia;
c) performance, first performed within the territory of Georgia; performance fixed
on 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 oftransmitters 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 andpermanent 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.
ARTICLE 4. EXPLANATION OF TERMS USED IN THE LAW
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;IP/N/1/GEO/C/1
Page 3
b) “audiovisual work” - a work consisting of series of images with accompanying
sounds, if any, imparting the impression of m ovement and can be seen and/or heard.
Audiovisual work includes cinematographic and other works expressed by means similar tocinematography (tele-, video-, diafilms, etc.);
c) “producer of audiovisual work” - a natu ral person or legal entity, who has taken
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 wh ich a work, performance, phonogram, videogram
and broadcasting organization’s program is fi rst 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, copi es 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 reasonabl e 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 natura l 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 pr oducer of videogram shall be deemed the natural
person or legal entity, the name and/or title is indicated on videogram and/or its caseaccording to respective rule;
i) “cable transmission” - transmission of wo rk or neighboring rights object by cable,
fiber-optic cable or other similar equipmen t (“Secondary transmission by cable” is a
simultaneous, unchanged and unabridged sec ondary transmission by means of microwave
system made to public to receive the primary transmission of tele- and radioprograms bywire 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 certainresult. The term includes preparatory ma terial for computer program design;
k) “broadcasting” - transmission of a wo rk or object of neighboring rights by
wireless communication, including  satellite (“satellite” means ev ery 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 carriersignals are coded, the satellite communica tion is conducted, if the broadcasting
organization agrees to provide th e 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 ofthis cable organization;IP/N/1/GEO/C/1
Page 4
m) “database” - a collection of works, independent informa tion, 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 ava ilable 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 th em in the form of sound- and videorecord.
As a reproduction shall be considered record ing for temporary or permanent storage, in
electronic (including digita l), 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  repr ographic reproduction shall not be deemed recording in an
electronic form (inc luding digital), optical or ot her machine-readable form;
p) “public transmission (transmission for general information)” - transmission in
ether of image or sound of a work, perfo rmance, phonogram, videogram, program of
broadcasting organization by cable or by ot her 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, thatwithout this transmission the images or sounds could not be received in said place (places);
q) “public performance” -  presentati on of a work, performance, phonogram,
videogram, broadcasting organization program by means of declaiming, playing, singing,dancing or in any other manner, directly (a liv e 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 itssocial acquaintances. As a public performance of  an audiovisual work shall be deemed the
presentation of the work images in series;
r) “public display” - any demonstrati on 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 family and its soci al 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, broadcas ting 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, exploitati on terms and conditions , digits and codes
representing the information, when the wor k, fixed performance, phonogram, videogram or
broadcasting organization program is comple ted by the information components or is
displayed at public demonstration of wor k, 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 w ith 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 contraryIP/N/1/GEO/C/1
Page 5
is not proved, as a producer of a phonogram sh all 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 s ound by technical means  in any objective
form, which enables their multiple pe rception, reproduction and transmission;
x) “ performer” - an actor (in the theater, cinema, etc.), singer, musician, dancer or
other person, who acts, recites, sings, decla ims, plays a musical instrument or performs
otherwise literary or art work, including variety, circus, puppet or folklore show.
                                             CHAPTER II
                                             COPYRIGHT
ARTICLE 5. SUBJECT MATTER OF COPYRIGHT
1. Copyright applies to scientific, literary and artistic works, which are the result of
intellectual-creative activities, irrespective of appointment, va lue, 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 fa cts, even if they are expressed, described, explained,
illustrated or embodies in a work
ARTICLE 6. SCIENTIFIC, LITERARY AND ART WORKS
1. As a work of science, literature and art shall be deemed the following:
a) literary works (books, brochures, ar ticles, computer program, etc.);
b) dramatic and dramatic-musical works, choreographic or pantomime works and
other theatrical works;
c) musical works with or without text;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, tran slation, 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, collec tions (encyclopedias, anthology, database)
and other works , provided that the selection a nd 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.IP/N/1/GEO/C/1
Page 6
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 textand objective code.
ARTICLE 7. INDEPENDENCE OF COPYRIGHT FROM PROPERTY
RIGHTS
1. Copyright does not depend on property right of that material object, in which the
work is expressed.
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 Article18 of this Law.
ARTICLE 8. WORKS TO WHICH COPYRIGHT DOES NOT APPLY
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, embl em, anthem, award, monetary symbols, other
official signs and symbols of state);
c) information of events and facts2. 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.
ARTICLE 9. ARISING OF COPYRIGHT
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 Copyright and
Neighboring Rights State Agency. 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 sh all 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;c) the year of the first publication of the work.
ARTICLE 10. PRESUMPTION OF AUTHORSHIP
1. The author being properly indicated as th e author on the original or copy of the
work, shall be deemed as the author, unless th e contrary is proved. This provision shall also
apply at publication of the work under a pseudonym, provided that the pseudonym is
commonly known.IP/N/1/GEO/C/1
Page 7
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 consideredas a representative of the author, unless the contrary is proved. He as the representative isentitled to protect authors rights and ensure their exercise. This provision shall apply untilthe author of such work reveals himself.
ARTICLE 11. CO-AUTHORSHIP
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 provide d for otherwise by the agreement concluded
among them.
5. The part of the work created under co-a uthorship shall be considered as having
independent meaning, if it can be us ed without other parts of the work.
ARTICLE 12. RIGHTS OF THE AUTHOR (COMPILER) OF COMPILED
WORK
1. Copyright belongs to the author of co mpiled 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 pr event other parties from selection and
disposition of the same material fo r creation of their compiled works.
ARTICLE 13. RIGHTS OF THE AUTHOR OF DERIVATIVE WORK
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.
3. The copyright of the derivative work’s au thor does not prevent other parties from
deriving the same work.
ARTICLE 14. EXCLUSIVE RIGHT OF PUBLISHER
1. The exclusive right to the use of encyclopedias, encyclopedic dictionaries,
scientific works, periodic publi cations and collections continui ng one another, newspapers,
journals, and other periodical editions, works included in theses editions belongs to theIP/N/1/GEO/C/1
Page 8
publisher. The publisher is entitled, at the use of such work in any form, to have his name
indicated or request claim indication.
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 providedfor otherwise by copyright contract.
ARTICLE 15. COPYRIGHT ON AUDIOVISUAL WORK
1. The authors (co-authors) of audiovisual work are: a producer, director, author of
script, dialogues, musical work with or wit hout text specially created for this audiovisual
work.
2. Conclusion of a contract on creation of audi ovisual 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 th e work in any form, if there is not provided
for otherwise by the contract. The author of the musical work created specially for theaudiovisual work preserves his right to receive  royalty for the use of such musical work at
every public performance and public display of a udiovisual work. The exercise of the right
is possible through the organization admin istering the authors economic rights on
collective basis.
3. The producer of audiovisual work is en titled to have his na me 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, pres erve 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 otherwis e, provided, that such use shall not prevent the normal use of
audiovisual work.
ARTICLE 16. COPYRIGHT ON WORK CREATED FOR HIRE
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 th e 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 provide d 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 5 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 3 years from re ceiving of the work does not use the work,
the exclusive right to its use is transferred to the author. This provision is applied where theuse of the work has been terminated ove r 2 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 cr eated for hire the amount of royalty and rule of payment
can be defined by the contract between the author and employer.IP/N/1/GEO/C/1
Page 9
8. This Article does not apply to derived work created for hire.
ARTICLE 17. PERSONAL MORAL RIGHTS OF THE AUTHOR
OF WORK
1. The personal moral rights of th e 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 rightto have the author’s name me ntioned (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);
c) publish the work first;d) permit other persons enter changes in the work, in its name (title), as well as in
author’s name, also prevent entering the chan ges in the work without his consent (right on
inviolability of work);
e) protect the work from any distorti on or mutilation, that may damage his honor,
dignity or business reputation (rig ht on respecting the reputation);
f) permit other parties complete the work  with the works (illustration, preface,
summary, comments, explanati ons, 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 notapply 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 pr ofit. 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 ca se of alienation of these rights.
4. The alienation of personal moral rights in the author’s life is inadmissible.
ARTICLE 18. ECONOMIC RIGHTS OF THE AUTHOR OF WORK
1. The author or other holder of copyright ha ve 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);
c) importation of copies of the work with the purpose of distribution, including
those copies made with the consent of the au thor 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 courseof trade;
e) public performance of the work (right on public performance);IP/N/1/GEO/C/1
Page 10
f) public transmission of the work in ethe r 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.
5. The author or other holder of copyri ght on musical work expressed in notes,
audiovisual work, computer program, data base, 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 ar chitectural, urban planning and landscape
architecture projects include the ri ght on realization of the project.
7. The amount of the royalty, rule of its cal culation at any use of the copy is defined
by copyright, as well as by the contract c oncluded between the users and the organization
administering economic rights of authors on collective basis.
8. The person, who after expiration of co pyright 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 stipulat ed by paragraph 2 of this Article are
defined by the Articles 21-28 of this law, provided that, such limitations do no prevent thenormal use of the work and damage unreasonably the legal interests of the author or other
holder of copyright.
ARTICLE 19. ECONOMIC RIGHTS ON COMPUTER PROGRAM AND
DATABASE
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 an y 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, sy stematization or other changes of computer program
and further reproduction of obtai ned results by preserving the rights of the person changing
the computer program;
c) spreading of the original or copies of computer program in the public in any
form, including renting. With the first realiz ation of program copies  in Georgia by the
author or with his consent the right of control on spreading such copies within the territoryof 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 ri ght 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, displa y or performance of database;IP/N/1/GEO/C/1
Page 11
c) spreading of the original or copies of database in the public in any form. In
Georgia with the first realization of database c opies 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 perfor mance before public, including direct
transmission in dialogue regime.
ARTICLE 20. RIGHTS OF THE AUTHOR OF FINE ARTS WORK
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 rece ive the royalty from the authors in the amount of
5 per cent of the sale price. This right can be exercised through the organizationadministering the authors economic rights on collective basis. The sellers are obliged tofurnish 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 orby testament following the validity term of the copyright.
                                           CHAPTER III
                       LIMITATION OF ECONOMIC RIGHTS
ARTICLE 21. REPRODUCTION OF THE WORK BY THE NATURAL
PERSON FOR THE PERSONAL PURPOSES
1. It is permitted to reproduce the lawful ly published work by the natural persons
only for personal purposes without consent or pa yment of the royalty to the author or other
holder of copyright, with the exception of cas es 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 reproducti on of databases;
c) at reproduction of computer programs, with the exception of the cases provided
for by the Articles 28 and 29 of this Law;
d) reprographic reproduction of books (com pletely), music notations and works of
fine arts;
e) at reproduction of audiovisual wo rk or the work fixed as phonogram.
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 receiverespective royalty.
4. The royalty shall be paid at reproduc tion for personal purposes by producers and
importers of equipment (audi o- and videorecorders and ot her equipment) and material
carriers (phono and video tapes, cassettes, laser disks, comp act disks and other material
carriers).IP/N/1/GEO/C/1
Page 12
5. Collection and distribution is execute d by one of those organization, which
govern the economic rights of the authors, performers and phonogram producers oncollective basis, in respect to the contract c oncluded 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 phonogramproducers. Said organizations are entitled to claim information on production andimportation 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 impor ters and, on the other hand, by the contract with one of
those organizations, which govern the ec onomic 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 th e State Agency of Copyright and Neighboring
Rights.
7. The royalty is distributed among those au thors and other holders of copyright and
neighboring rights of the work mentioned in pa ragraphs 3 and 5 of th is Article and which,
possibly were reproducing it for personal purposes.
8. The royalty shall not be paid for the e quipment and material carriers provided for
by paragraph 4 of this Article which are:
a) the subject of export;b) professional equipm ent, which is not intended for domestic use.
9. The royalty shall not be paid at im portation of said e quipment and material
carriers by natural persons for personal purposes.
ARTICLE 22. REPROGRAPHIC REPRODUCTION OF WORK BY
LIBRARIES, ARCHIVES AND EDUCATIONAL INSTITUTIONS
The reprographic reproduction without dir ect or indirect gaining of profit is
permitted, without consen t 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:
a) in a single copy for substitution of dest royed, lost or indecent copies of lawfully
published work by libraries and archives; fo r 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 publis hed works and other small volume works, or
excerpts from written works (with the exception of computer programs), by libraries andarchives at the request of natural persons fo r educational, scientif ic or personal purposes;
c) of the lawfully published separate articles and other small volume works, or
small excerpts from written works (with the exception of computer programs), by theeducational institutions for teaching purposes.IP/N/1/GEO/C/1
Page 13
ARTICLE 23. EXPLOITATION OF THE WORK WITHOUT CONSENT OF
THE AUTHOR AND WITHOUT PAYING HIM THE ROYALTY
It is permitted, without consent of the aut hor or other holder of the copyright, and
without payment of the royalty but with obligat ory 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 work s original or translation, for scientific,
research, polemic, critical a nd information purposes in the volume justified for the
purposes of citing, including reproduction of excerpts from newspapers and journals in theform of printed survey;
b) to use excerpts from the lawfully published works in the form of illustrations,
printed matter, radio- and teleprograms, phono- and vide orecording of educational
character in the volume defined by the set aim;
c) reproduction by means of newspape r or public transmission of lawfully
published articles on current economic, political, social and religious issues in periodicpublications or similar works transmitted by aerial,  only in the cases where suchreproduction or public transmission is not specia lly prohibited by the author or other holder
of copyright. Whereas the author shall preserve the right on publication of such work incollection;
d) reproduction or communication to the pub lic of the work seen or heard in the
process of reviewing current events, by m eans of taking photos, broadcast or cable
transmission in the volume justified for information purposes;
e) reproduction or communication to th e public of delivered publicly political
speeches, reports, lectures, addresses, sermons  or other similar works, including speeches
made at court sessions, through newspapers, j ournals 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 pr int, or of other
special means for the blind persons, with the exception of the works specially created forsuch methods of use.
ARTICLE 24. USE OF WORKS PERMANENTLY DISPOSED IN PLACES
FOR FREE ATTENDANCE
It is permitted, without consent of the au thor 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 mainobject of such reproduction or public comm unication or is used for gaining profit.
ARTICLE 25. PUBLIC PERFORMANCE OF MUSICAL WORK  AT
CEREMONY
Without consent of the author or other holder of copyright and paying him the
royalty, it is permitted to pe rform publicly the lawfully published  musical works  at
official, funeral and religious ceremonies onl y in a volume justified by the character of
such ceremony.IP/N/1/GEO/C/1
Page 14
ARTICLE 26. REPRODUCTION OF THE WORK FOR COURT
PROCEEDINGS
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.
ARTICLE 27. SHORT TERM RECORDING OF WORK BY
BROADCASTING ORGANIZATION
The broadcasting organization is authorized, without consent of the author or other
holder of copyright and without payment of add itional royalty to him, to record for short
term use of the work for which this organi zation 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.
ARTICLE 28. LIMITATIONS OF THE COMPUTER PROGRAM AND
DATABASE OWNERS RIGHTS
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 prog ram or database, nece ssary for functioning
of users of technical facilities, also carry out any action related to functioning of thecomputer program or database, including r ecording and saving in computer memory (for
one computer or one user of network), corr ection of apparent mista kes, if there is not
provided for otherwise by the copyright contract;
b) make a reserve copy of computer progra m or database provided that this copy is
intended only for archive and for substitution of the lost, destroyed or indecent copy oflawful owner.
2. The reserve copy of computer progra m database shall not be used for the
purposes other than the rules defined by paragr aph 1 of this Article and shall be distracted
at termination of computer prog ram or database owner’s rights.
ARTICLE 29. FREE USE OF COMPUTER PROGRAM
(DECOMPILATION)
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 copyrightroyalty, to conduct decompilation (reproduce and transform the objective coded in initial
text) of computer program, also order decomp liation the other persons in the case, when it
is necessary to achieve interoperability among the computer program created by him andother programs, provided that the following conditions are met:
a) these actions are performed by the pe rson having permission to use the program
copy, or on his behalf another pers on having the respective permission;IP/N/1/GEO/C/1
Page 15
b) the information necessary to achieve interoperability has not been available for
him by the other sources;
c) these actions relate only to the parts of decompiled program necessary for
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 othercomputer 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 decompiledprogram, or for any other action, which infringes copyright.
ARTICLE 30. FREE USE OF DATABASE
The lawful user of database original or  copy can without consent of the database
author or other holder of copyright, conduct ac tions 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 theright to use the part of database, sa id rights apply only to this part.
                                           CHAPTER IV
                      VALIDITY TERM OF COPYRIGHT
ARTICLE 31. ARISING OF COPYRIGHT AND DURATION
1. The copyright arises at the moment of cr eation of the work and is valid during the
author’s life and during 70 years from his d eath, with the exception of cases provided for
by the Article 32 of this Law.
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 forbeginning calculation of sa id terms, has taken place.
ARTICLE 32. VALIDITY TERM OF COPYRIGHT
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 pa ragraph 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 la wful publication, this te rm 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 publica tion, 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.IP/N/1/GEO/C/1
Page 16
6. The economic copyright of the person, who published lawfully the work not
published earlier (paragraph 8 Artic le 18 of this Law), shall be valid during 25 years from
the date of its lawful publication.
ARTICLE 33. LIMITLESS COPYRIGHT
1. The right on authorship, right on name, right on the work inviolability and right
on respect of reputation in relation to the pa rticular work are protected without any time
limit.
2. After expiration of the copyright term, th e 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 ofauthors, 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.
ARTICLE 34. USE OF EXPIRED COPYRIGHT
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 ruleapplies to the works, which were not protected within the territory of Georgia.
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. Theincome collected from such fees shall be tran sferred to the authors professional funds and
organizations, which govern the economic rights of the authors on collective basis. Theamount of fees shall not be more than 3 per cent of the profit gained from the use of the
work.
                                               CHAPTER V
                                    COPYRIGHT TRANSFER
ARTICLE 35. GROUNDS FOR TRANSFER OF COPYRIGHT
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, ifthere is not provided for ot herwise 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 legate es 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 otherauthors (illustration, introduction, epilogue, co mments, explanation, etc.) is transferred
through inheritance. Said right is transferred onto the legatees following the validity termof the copyright.IP/N/1/GEO/C/1
Page 17
5. The author has the right to indicate th e 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 exer cise unlawfully the rights provided for in
the paragraph 3 of this Article, these rights ar e protected by the State Agency of Copyright
and Neighboring Rights.
ARTICLE 36. TRANSFER OF AUTHOR’S ECONOMIC RIGHTS
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 laware 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.
ARTICLE 37. EXCLUSIVE LICENSE
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 ofthe work in a definite form and scopes defined by the contract only to the licensee andentitles 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 exerci se protection of this right.
ARTICLE 38. SIMPLE LICENSE
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 withthe 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.
ARTICLE 39. USE OF WORK AFTER GRANTING OF EXCLUSIVE
LICENSE
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 onpublication of such a work only in the full coll ection of his works, if 5 years have expired
after publication of the work as a result of transfer of the exclusive right. Hereto, the authoris not authorized to use this work separately from the collection.
ARTICLE 40. COPYRIGHT CONTRACT
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 ofthe 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.IP/N/1/GEO/C/1
Page 18
2. The right to the use of the work in a ll those form, which ar e not defined directly
by the copyright contract, belongs to the author.
3. Where the copyright contract does not pr ovide for the concrete form of the work
use (concrete rights transferred by copyright), the contract shall be considered to beconcluded on such use of the work, which can be deemed as necessary for fulfillment of thepurpose, which they had at concluding of the contract.
4. Where the copyright contract does not provi de for the term of right transfer, the
contract may be canceled by the author after expiration of 3 years from the date of itsconclusion. The user shall be notified about this in a writte n form 6 months before the
annulment of the contract.
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 publica tion or other reproduction of the work the
royalty is determined in the fixed amount, th e 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.
ARTICLE 41. ANNULMENT OF COPYRIGHT CONTRACT
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 sha ll not be the transfer of the right on the
work, which may be created by the author in future.
ARTICLE 42. FORM OF COPYRIGHT CONTRACT
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.
ARTICLE 43. CONTRACT ON CREATION OF WORK
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 te rm defined by the contract consider the
work and notify the author of his favorable opinion in the written form or on basis ofcontract conditions of his unfavorable opini on 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.IP/N/1/GEO/C/1
Page 19
5. The rule of paying  advance to the author, the terms and amount are defined by
the contract.
ARTICLE 44. OBLIGATION ON COMPENSATION OF DAMAGES
The party, which did not fulfill or fulfille d insufficiently the obligations taken under
the copyright contract shall compensate the other party the damages, including theneglected profit.
                                                  CHAPTER VI
                          NEIGHBORING RIGHTS OF COPYRIGHT
ARTICLE 45. NEIGHBORING RIGHTS
1. Protection of neighboring rights of copy right 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 explaine d as infringing of copyright protection.
ARTICLE 46. SUBJECTS OF NEIGHBORING RIGHTS
1. The subjects of the neighboring rights  are: performers, producers of phonograms
or videograms and broadcasting organizations.
2. The producers of phonograms and videog rams and broadcasting organizations
exercise their rights provided for by this Chapter within the scope of authorization entitledunder the contract concluded with the author  and performer of the work fixed in the
phonogram or videogram, or broadcas ted 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 neig hboring rights, which shall be affixed to each
copy of the phonogram and/or its cas e and consists of three elements:
a) the Latin letter P in a circle:   P ;b) the name (title) of the holder of exclusive rights;c) the year of phonograms first publication.
ARTICLE 47. RIGHTS OF PERFORMER
1. A performer on his performance has the following personal and economic rights:
a) the right on the name;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);
c) the right to use the performance in any form, including the right to receive
royalty for the use of the performance in any form;IP/N/1/GEO/C/1
Page 20
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 cons ent of the performer and the reproduction is
carried for the same purpose, for which it was recorded;
c) transmission of the performance by br oadcast or cable, or other communication
to the public of the performance, with the exception of cases, when there is transmitted theearlier 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 paragra ph 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 usethe amount of the royalty payable for the perf ormance is determined by said contract.
5. Conclusion of the contract on creati on of audiovisual work between the
performer and the audiovisual work producer resu lts 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 andunless 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 record ing of the performance on the phonogram or
video gram between the performer and produc er 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 suchphonogram 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 ofsuch 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 paragr aph 2 of this Article may be transferred
to the other party.
ARTICLE 48. EXCLUSIVE RIGHTS  OF PHONOGRAM PRODUCER
1. The producer of the phonogram enjoys the exclusive right to use the phonogram
in any form, including the right to receiv e 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;IP/N/1/GEO/C/1
Page 21
c) renting of 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.
ARTICLE 49. EXCLUSIVE RIGHTS  OF VIDEOGRAM PRODUCER
1. The producer of the videogram enjoys th e 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;
c) renting of 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.
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.
ARTICLE 50. EXCLUSIVE RIGHTS OF BROADCASTING
ORGANIZATION
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 br oadcasting organization and the reproduction is
conducted with the same pur pose, for which it was fixed;
c) simultaneous transmission by broadcasting and by cable, respectively by aerial
and 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.
ARTICLE 51. FREE USE OF NEIGHBORING RIGHTS OBJECT
1. The limitations of neighboring rights provi ded for by this Law does not prevent
the normal use of the performance, phonogram, videogram, program of broadcastingorganization and does not damage unreasonably  the lawful interests of the performer,
phonogram or videogram producer and broadcasting organization.IP/N/1/GEO/C/1
Page 22
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, ispermitted in the following cases:
a) at citing in the form of excerpts from the performance, phonogram, videogram,
the program of broadcasting organizations, provi ded 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;
c) at reviewing of current events inserting of short excerpts from the performance,
phonogram, videogram, the program of broadcasting organization.
3. The use of performance, program of br oadcasting organization and their records
by the natural persons, as well as the reprodu ction of phonogram or videogram for personal
purposes without the consent of the performer, broadcasting organization, phonogram orvideogram producer is permitted. Such repr oduction is conducted under the condition of
paying the royalty by the rule defined by the Article 21 of this Law.
ARTICLE 52. USE OF PHONOGRAMS PRODUCE FOR COMMERCIAL
PURPOSES
1. It is permitted, without consent of th e 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 royalt y provided for by the paragraph 1 of this
Article is executed by one of those organizati ons, 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 organizationsadministering the economic rights of phono gram producers and performers on collective
basis. If the parties fail to reach the agreement the amount of the royalty shall bedetermined by the State Agency of Copyright and Neighboring Rights. The amount of theroyalty 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 theamount of phonogram use, as well as other certificates and documents needed for
collection and distribution of the royalty
ARTICLE 53. RECORDING OF PERFORMANCE OF PROGRAM BY THE
BROADCASTING ORGANIZATION FOR SHORT-TERM USE
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 sh ort-term use and reproduction of such record
provided that the following conditions are met:IP/N/1/GEO/C/1
Page 23
a) receiving of the preliminary consent on transmission of the performance or
program;
b) making of short-term recording a nd its reproduction by means of the own
equipment for the own program;
c) destruction of the short-term record  under the conditions provided for the short-
term records of scientific, literary and art works.
                                                  CHAPTER VII
      SPECIAL PROVISIONS ON DATABASE PRODUCER’S RIGHTS
ARTICLE 54. DATABASE PRODUCER
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 exclus ive right to prevent the withdrawal of its
whole contents or significant part evaluated qualitatively or quantitatively and/or repeateduse.
2. For the purposes of this Chapter withdraw al means transfer of the whole contents
of database or its significant part permanentl y or temporarily on the other material carriers
by any media or form, and repeated use m eans 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 a nd/or repeated use of database contents
insignificant part is inadmissible, if such action prevents its normal use and damages thelawful interests of data base 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 co pyright 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.
ARTICLE 55. RIGHTS AND OBLIGATIONS OF DATABASE LAWFUL
USER
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/orquantitatively and/or repeated use with any purpose. If the lawful user has the right towithdraw the part of database a nd/or the right on repeated use, this applies only to this part.
2. The action of the lawful user of disclo sed database shall not  violate the lawful
interests of database producer.
3. The lawful user of disclo sed database shall not violat e the rights of the holder of
copyright or neighboring rights in regard to the work or neighboring rights object existingin database.IP/N/1/GEO/C/1
Page 24
ARTICLE 56. LIMITATION OF DATABASE PRODUCER’S RIGHTS
The lawful user of database  is entitled to do the following without the consent of its
producer:
a) withdraw for personal purposes the sign ificant 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;
c) withdraw and use repeatedly the significant part of database contents for the
purposes of public security and ad ministrative or court proceedings.
                                             CHAPTER VIII
                   VALIDITY TERM OF NEIGHBORING RIGHTS
ARTICLE 57. VALIDITY TERMS OF NEIGHBORING RIGHTS
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 lawfullydisclosed 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 pr oducer provided for by the Articles 48-
49 of this Law is valid during 50 years from the first disclosure of the phonogram orvideogram. If within this term the phonogra m or videogram was la wfully disclosed or
displayed publicly, this term is continued from the first disclosure or public display during
50 years.
4. The right of broadcasting (cable) organi zation 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, the15 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 fromannulment or correction enabling to determine from qualitative or quantitative point ofview, that a substantial inves tment was conducted, creates po ssibility to give its own term
to the database changed in result of such investment.
7. Calculation of the term defi ned 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 calculationof 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 pr oducer and broadcasting organization, but in
the case of legal entity - to his successor.IP/N/1/GEO/C/1
Page 25
                                               CHAPTER IX
          PROTECTION OF COPYRIGHT AND NEIGHBORING RIGHTS
ARTICLE 58. INFRINGEMENT OF COPYRIGHT AND NEIGHBORING
RIGHTS
1. Infringement of copyright and neighboring rights defined by this Law shall result
in the civil, criminal and administrative re sponsibilities. 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 infri nger 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, th at the electronic information managing the
rights was deleted or alte red without the consent of the holder of the right.
ARTICLE 59. PROTECTION OF COPYRIGHT AND NEIGHBORING
RIGHTS
1. The holders of the exclusive and neighboring right can demand the infringer:
a) recognition of the right;b) restoration of the state existing befo re the infringement and preventing of the
actions infringing the right or creating the danger of its infringement;
c) reimbursement of the losses,  including the neglected profit;
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 confiscati on of income paying the
compensation, the amount of which is determined by the court;
f) taking other measures related to prot ection 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 neig hboring 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.
ARTICLE 60. COUNTERFEIT COPIES
1. The copies of the work, phonogram or videogram the manufacturing or
distribution of which causes the  infringemen t of copyright and neighboring rights, are
deemed to be the counterfeit copies.IP/N/1/GEO/C/1
Page 26
2. The copies of those works, phonograms and videograms protected in Georgia in
respect to this Law and without the consen t of copyright and neighboring rights holder
were imported to Georgia from the state, where they never have been protected or wheretheir protection was terminated, are considered as counterfeit.
3. The court may take the decision or conf iscation of the counterfeit copies of the
work, phonogram or videogram, as well as ma terials 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 a nd neighboring rights, as well as the materials
and equipment needed for their reproduction ar e subject to destruction on basis of court
decision.
5. The counterfeit copies of the work, phono gram or videogram purchased lawfully
by the third party shall not be confiscated.
ARTICLE 61. PROCEDURES FOR ENFORCEMENT OF APPEAL ON
PROTECTION OF COPYRIGHT AND NEIGHBORING RIGHTS
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 andneighboring rights infringement, conducting of certain actions such as production,
reproduction, sale, renti ng, importation and other use of the work defined by this Law, as
well as transportation of the work or neighbo ring rights object, storing and possession with
the purpose of distribution suspect ed reasonably to be counterfeit.
2. Before disposing of a legal proceeding the court or judge individually can take
the order on retaining and rede mption of all the copies of the work and neighboring rights
object 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 responsibilit y, the investigating body, investigator or
court are obliged to take measures for enforcement of civil appeal submitted or to besubmitted 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 equipmen t intended for production or reproduction of counterfeit
copies;
c) documents, reports and items, which can be used as evidences at court
proceedings.
ARTICLE 62. STATE POLICY IN THE FIELD OF COPYRIGHT AND
NEIGHBORING RIGHTS
1. The State Copyright and Neighboring Rights Agency ensures the conducting of
the state policy in the field of copyright and neighboring rights and ex ercise other functions
entitled by the Law. Its status and competence is defined by this Law and on basis ofrespective provision.IP/N/1/GEO/C/1
Page 27
2. The State Copyright and Neighboring Rights Agency is authorized:
a) ensure the conducting of state policy in the field of copyright and neighboring
rights legislation and submit to the Presiden t of Georgia the proposals for its development;
b) represent Georgia at international or ganizations of copyright and neighboring
rights protection;
c) register the works in respect to the rule defined.
                                                CHAPTER X
 ADMINISTRATION OF ECONOMIC RIGHTS ON COLLECTIVE BASIS
ARTICLE 63. ESTABLISHMENT OF THE ORGANIZATION
ADMINISTERING ECONOMIC RIGHTS ON COLLECTIVE BASIS
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 -  associa tion. After registration by the prescribed rule the Registrar
shall notify of the fact the Ministry of Justice, which shall register it in the Register oforganization administering copyright. Th e organization is not permitted to conduct
production activities and use the work or th e neighboring rights object, which was
transferred to it for administration on collective basis. Said organization acts within thescope 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 onthe 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 bythe 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 organi zations, 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.
ARTICLE 64. ACTIVITY OF THE ORGANIZATION ADMINISTERING
ECONOMIC RIGHTS ON COLLECTIVE BASIS
1. The authorization to administer economic rights on collective basis to
organization is granted voluntarily by the hol ders of copyright and neighboring rights on
basis of written contract relating to their me mbership of this organization, as well as on
basis of contract on mutual representation c onducted with the similar foreign organizations.
Said contract is not a copyright contract and the Article 40 of th is law does not apply.IP/N/1/GEO/C/1
Page 28
2. Any author, holder of neighboring rights, their legatees, other holders of
copyright and neighboring rights have the right to transfer their economic rights foradministration 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 theactivity 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 usingthe work or neighboring rights object in re spective form. The conditions of the licenses
must be similar for all the users of the specific category. The organization is not entitled torefuse 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.
ARTICLE 65. RIGHTS OF THE ORGANIZATION ADMINISTERING
ECONOMIC RIGHTS ON COLLECTIVE BASIS
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 ot her conditions of license with the user;
b) to grant the license on the use of those rights being administered;c) to agree upon the amount of royalty with the user, when the royalty is collected
without granting the license in the cases defined by the paragraphs 2 and 3 Article 51 andparagraph 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 ro yalty to the holders of copyright and
neighboring rights;
f) to conduct legal acts necessary for protec tion of the rights transferred to it for
administration;
g) to conduct other activities within the scope of competence granted by the holders
of copyright and neighboring rights.
ARTICLE 66. RESPONSIBILITIES OF THE ORGANIZATION
ADMINISTERING ECONOMIC RIGHTS ON COLLECTIVE BASIS
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
copyright and neighboring rights. Hereto, the organization has the right to stop the sumsfrom the royalty spent for collection, distribution and payment and from the sumstransferred to the special fund established unde r 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;IP/N/1/GEO/C/1
Page 29
c) to present reports to the holders of copyright and neighboring rights containing
the information on the use of their rights at payment of the royalty.
2. The holders of copyright and neighborin g rights, which have not transferred to
the organization the rights related to collection of the royalty, may request the organizationpayment of the royalty according to the conducte d distribution or exclus ion of their work or
neighboring rights object from the license granted by this organization to the users.
                                            CHAPTER XI
                             TRANSITIONAL PROVISIONS
ARTICLE 67. SPREADING OF THE NORMS OF THIS LAW ON
RELATIONS ESTABLISHED EARLIER
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 perfor mers rights defined by
the paragraph 1 Article 57 of this Law.
4. To the phongram and videogram, on wh ich 50 years from their first lawful
display or creation have not expired before en actment of this Law, in the case, where they
were not displayed within the mentioned term, applies the neighboring rights validity termdefined 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, a pplies the neighboring rights va lidity term defined by the
paragraph 3 Article 57 of this Law.
                                                  CHAPTER XII
                                           FINAL PROVISIONS
ARTICLE 68. INVALIDATED NORMATIVE ACTS
At entering into force of this Law all the normative acts contradicting with this Law
shall be considered invalid.
ARTICLE 69. ENTRY INTO FORCE
This law shall enter into force at publication.
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