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About Copyright

What is copyright?
Criteria for copyright protection
What works are protected by copyright?
What is not protected by copyright?
What works are not protected by copyright?
Moral rights of a Copyright owner
Economic rights of an author
Economic rights in computer programs and databases
Copyright right in audiovisual works
Copyright in the work created in the course of author's employment
Rights of an author of work of fine Art
Protective Sign of Copyright
Transfer of the copyright
Duration of a Copyright
Administration of economic rights on collective basis
Infringement of copyright and author's rights for protection thereof

 

What is copyright?
- Copyright is a right (legal device) given to the works creator over the results of his/her creative activity, i.e. works of science, literature or art, irrespective of their purpose, quality, genre, size, form or means of their expression;
- Copyright applies to both published and unpublished works;
- Copyright protection over the works of science, literature or art automatically comes into existence from the moment of their creation. A work is regarded as created when expressed form enabling its perceptibility and reproducibility.
- It is not necessary to register, make special legalization or to meet other formal requirements in order to allow the copyright protection and enforcement;
- Owner of a copyright shall have the right to register his/her work with National Intellectual Property Center of Georgia "Sakpatenti" and obtain a certificate concerned.

Criteria for copyright protection
- Copyright protection applies to the works of science, literature or art the holder of the rights over which is a citizen of Georgia, any natural person having permament residence in the territory of Georgia, or any legal entity registered by applicable rule under the legislation of Georgia; to works of science, literature or art, phonograms and videorecords which have been first published in the Georgia territory; works of science, literature or art, phonograms and videorecords which have been protected by the right under the international agreements which Georgia is party to; architectural works located in the territory of Georgia; artistic works involved as parts in architectural works located in the territory of Georgia; irrespective of their creators citizenship or permanent residence.

What works are protected by copyright?
a) Literary works (books, pamphlets, articles, computer programs, etc.);
b) Dramatic works and dramatico-musical works, dumb shows and choreographic works as well as other stage works;
c) Musical works accompanied by texts or that without any;
d) Audiovisual works (cinema-tele or video, movies, etc.);
e) Works of sculpture, drawing, painting, lithography, fine art and the like;
f) Decorative applied works and monumental works;
g) Theatrical-decorative art;
h) Works of architecture, town-planing, landscape architecture;
i) Photographic works or assimilated works expressed by a process analogous to photography;
j) Maps, plans, sketches, illustrations and similar works relative to geography, topography and other fields of science;
k) Adaptations, translations, screen version of literary work, review, compilation, arrangements of music and other alterations of science, literary, and artistic works;
l) Collection of literary and artistic works (encyclopedia, anthologies, databases) and other works which by reason of selection and arrangement of their content constitute intellectual creations;
m) Other works;

What is not protected by copyright?
- Copyright does not apply to ideas, methods, processes, systems, concepts, principles, discoveries and facts, even if they are expressed, described, explained, illustrated, or embodied in a work.

What works are not protected by copyright?
Copyright does not apply to official documents (legislations, court decisions, other texts of administrative and normative character), as well as their official translations; Official symbols of a state (flags, anthems, awards, other official features and symbols of a state); informations on facts and phenomena.

Moral rights of a Copyright owner.
- A copyright owner has given private moral right to be recognized as the author of a work and to claim for such recognition in each copy of his/her work, and in the course of use of the work in any way, under the established rule, including claiming for indicating the name of the author to indicate pseudonym instead of the name and to claim for such; indication in each copy of the work, as well as to withdraw the indication of the name;
- to perform initial publication of a work; to license other persons to make amendments both in the work and its title and author's name, as well as to resist to such amendments without his/her permission (right of inviolability of a work); to protect a work against any mutilation or other kind of interference which may infringe author's honor, respect and reputation; to permit others to add other author's works (illustrations, foreword, comments, explanations, etc), to his/her work; to demand withdrawal of the use of his/her work.
- The private moral rights are given to an author regardless of his/her proprietary rights and they are maintained even after the rights have been transferred.

Economic rights of an author
An author or any other owner of copyright are granted the exclusive right to use his/her work in any fashion, namely
- the exclusive right to use a work means the right to perform, license or prohibit:
a) Reproduction of the work;
b) Distribution of the original or copies of the work to the public by sale, rental, lease or lending; or other transfer of ownership;
c) Importation of copies of the work with the purpose of distributing, including the copies which are prepared by permission of the author or other owner of The copyright.
d) Public display of the work;
e) Public performance of the work;
f) Public broadcasting of the work by wireless or cable means, including the first and/or further broadcasting or telecasting;
g) Translation of the work;
h) Creation of adaptations - derivative works.
- Author or other owner of copyright has given right to claim royally for exploitation of his/her work in any way. The amount of the royalty and its calculation rule is determined by the copyright agreement as well as the agreement between the users and the managing organization based on collective economic rights of authors.

Economic rights in computer programs and databases
- An author of a computer program has the exclusive right to authorize or prohibit perproduction of the computer program by any means or in any form, entirely or in part, translating, preparing adaptation of, systemitisizing or changing in other way the computer program, distribution of the original or copies of the computer program to the public in any manner, including by renting.
- An author of a databases has the exclusive right to authorize or prohibit temporary or permanent reproducing of the database by any means or in any form, entirely or in part, translating, preparing adaptations of, systematizing or changing in other way of the database, distributing of the original or copies of the database to the public in any form, any kind of transmitting, displaying or performing to the public, including direct transmitting.

Copyright right in audiovisual works.
- Authors (or joint work authors) are as follows:
a director, script writer, dialogue writer, author of musical work accompanied with or without a text, that is especially created for underlying audiovisual work.
- conclusion of an agreement on creation of an audiovisual work causes the author (or joint work authors) exclusive rights on use of the work to be transferred to the producer of the audiovisual work for use in any manner upon payment of specified royalties, except otherwise provided by the agreement.

Copyright in the work created in the course of author's employment
- If a work is created in the course of an author's employment the copyright is given to the author;
- exclusive right of use of the work created in the course of an author's employment, which is agreed by the content of the task, is given to the person who the author has the working contract with, unless otherwise agreed between them by the contract,
- After 5 years of transferring the work to the employer by the author the right of use of the work is transferred to the author unless otherwise provided for by the contract between them.

Rights of an author in work of fine Art
- An author of a work of fine art shall have the right to request the owner of the work to give him./her right to make copies of his/her own creation.
- After the original of a work of fine art has been first alienated in each individual case of its public selling (by auction, arts, salon, gallery of fine art, shop, or any other means) the author or his/her heir shall have a right to claim royalty in the amount of 5 per cents of the selling price.

Protective Sign of Copyright
For the purposes of announcement of his/her right, the owner of an exclusive copyright can use the copyright protection sign which shall be put on each copy of the work and consist of three elements:
a) Latin letter in circumference;
b) name of the owner of the exclusive copyright;
c) first publication year of the work;

Transfer of the copyright.
- Transferring of the copyright shall be performed by operation of law or bequeathed by will.
- Immunity of authorship, name and work shall not be subject to inheritance.
Successors shall have the right to protect the mentioned personal property rights. This right shall not be limited by term.
- An author or other owner of a copyright shall have the right to transfer his/her proprietary rights to the successor in title. Any exploitation of the work in a predetermined way shall be subject to the authorization by the contract on granting the exclusive or non-exclusive license.

Duration of a Copyright
- Copyright is secured automatically when the work is created and lasts for the life of the author plus 70 years
- Protection of the moral rights, i.e. right to authorship, shall not be limited in time.

Administration of economic rights on collective basis
- Author's of works of science, literature and art, as well as other owners of a copyright shall be entitled for the purposes of exercising their rights to establish organizations administering the economic rights on a collective basis.
- Statute of the organizations shall include the paragraphs which shall correspond to the requirements of this law. The activities of the organizations shall be supervised by the copyright owners.
- Right to management of the proprietary economic rights on a collective basis is given the organization voluntarily by the copyright owner directly, on the base of written agreement on his/her membership of this organization.

Infringement of copyright and author's rights for protection thereof.
- Any infringement of copyright shall be subject to the responsibility prescribed by the civil, criminal or administrative law. The legal entity shall be responsible for any violation of the copyright which will be determined by the civil law.
- In case of infringement of copyright the owner of the copyright shall be entitled to claim from the violating party:
- recognition of the right;
- restoration of the condition existing prior to violation of the right and prevention of the actions violating the right or causing danger of its violation.
- compensation of damage including non-received income;
- dispossession of the income, instead of compensation of damage, realized by the violating party as a result of the copyright infringement;
- payment of compensation, instead of compensation of damage or dispossession of income, the amount of which shall be specified by the court.
- copies of the work preparation or spreading of which causes violation of the copyright shall be regarded as counterfeiting copies. The court shall be entitled to take decision on dispossession of counterfeiting copies of the work as well as materials or devices necessary for their reproduction.


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