On Copyright and Related Rights

On Copyright and Related Rights

Law of Georgia

On Copyright and Related Rights

Article 1. Scope of regulation of the Law🔗

This Law regulates:

a) relations connected with the copyright property and personal non-property rights that arise in the creation and use of works of science, literature and art (copyright);

b) relations connected with the rights related to copyright of the performer, the producer of a phonogram, the producer of a videogram and a broadcasting organisation (hereinafter – related rights);

c) relations connected with the rights of the maker of a database.

Law of Georgia of 3 June 2005 No. 1585 – LHG I, No. 31, 27.06.2005, Art. 198

Article 2. International treaties🔗

If international treaties to which Georgia is a party establish rules different from this Law, the rules of the international treaties shall apply.

Article 3. Scope of the Law🔗

This Law applies to:

a) works of science, literature and art, performances, phonograms, videograms and databases, in respect of which the rights holder is a citizen of Georgia, a natural person who has permanent residence in the territory of Georgia, and a legal entity which has its location in the territory of Georgia;

b) works of science, literature and art, phonograms and videograms, databases which were first published in the territory of Georgia. A work, phonogram and videogram shall also be considered first published in Georgia if, within 30 days from their first publication in a foreign country, they were published in the territory of Georgia;

c) performances that were first performed in the territory of Georgia; performances recorded on a phonogram or videogram, which are protected in accordance with subparagraph “b” of this Article; performances that are not recorded on a phonogram or videogram but are included in a broadcast of a broadcasting organization, which are protected in accordance with subparagraph “d” of this Article;

d) broadcasts of the Public Broadcaster, of the Adjara Television and Radio of the Public Broadcaster, as well as broadcasts of another broadcaster which, in accordance with the procedure established by Georgian legislation, has received a broadcasting license or has undergone authorization and which transmits the broadcast using transmitters located in the territory of Georgia, by means of over-the-air, cable or other similar means;

e) architectural works located in the territory of Georgia, works of art incorporated as a constituent part into an architectural work located in the territory of Georgia, regardless of the citizenship and permanent residence of their authors;

f) other works of science, literature and art, performances, phonograms, videograms and broadcasts of broadcasting organizations that are protected in accordance with the international treaties to which Georgia is a party.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 12 June 2015 No. 3694 - website, 15.06.2015

Article 4. Definition of terms used in this Law🔗

The terms used in this Law have the following meanings:

a) “Author” – a natural person as a result of whose intellectual and creative activity the work was created;

b) “Audiovisual work” – a work consisting of a sequence of successive images with or without sound, which creates the impression of motion and may be perceived visually and/or aurally. Audiovisual works include cinematographic and other works expressed by means analogous to cinematography (television, video, slide films and others);

c) “Producer of an audiovisual work (producer)” – a natural or legal person who has taken the initiative and assumed responsibility for the production of such work; in the absence of evidence to the contrary, the producer of an audiovisual work shall be considered to be the natural or legal person whose name or title is indicated in the prescribed manner on the work;

d) Communication to the public – any action (other than publication) as a result of which a work, performance, phonogram, videogram, broadcast of a broadcasting organization or database has become accessible to the public, directly or by technical means;

e) Publication – with the consent of the author, another holder of copyright or related rights, or the maker of a database, the release into civil circulation of copies of a work, phonogram, videogram or database by way of sale or rental, or by way of transfer of ownership or other form of possession of copies of a work, phonogram, videogram or database in such quantity as satisfies the reasonable requirements of the public;

f) “Rental” – making available the original or a copy of a work or an object of related rights for a definite period of time for use for the purpose of obtaining profit;

g) “Videogram” – a recording of a sequence of images in any objective form, with or without sound;

h) “Producer of a videogram (producer)” – a natural or legal person who has taken the initiative and assumed responsibility for the making of the first recording of a sequence of images, with or without sound; in the absence of evidence to the contrary, the producer of a videogram shall be considered to be the natural or legal person whose name and/or title is indicated in the prescribed manner on the videogram and/or its case;

i) Cable transmission – transmission of sound and/or images by wire, optical fibre or other analogous means for the purpose of reception by the public;

i¹) Cable retransmission – simultaneous, uninterrupted and unaltered retransmission by cable or by means of a microwave system, by wire or over the air, including satellite communication, of the initial transmission of television and radio programmes intended for the public;

j) "computer program" – a set of instructions in words, codes, schemes or other machine-readable form, which enables a computer to be operated to achieve specified results. The term includes the preparatory material for the design of a computer program;

k) broadcasting – transmission of sound or/and images by wireless communication for the purpose of reception by the public, including via satellite (satellite – any satellite operating in the frequency band intended for broadcasting signals to be provided to the public in accordance with telecommunication rules; transmission via satellite – reception of programme-carrying signals under the control and responsibility of a broadcasting organization; programmes intended for the public are received in the form of an uninterrupted chain of communication – uplink to the satellite and downlink towards the earth); the transmission of coded signals constitutes broadcasting if the means of decoding are provided to the public by the broadcasting organization or with its consent;

l) transmission of a broadcasting organization – a combination of sound or/and images intended for reception by the public, which is transmitted by air or by cable;

m) database – a collection of works or/and other data and material arranged in a systematic or methodical manner, which is individually accessible by electronic or other means. The term does not imply a computer program used in the creation and use of a database accessible by electronic means;

n) reproduction – the making of one or more copies, in whole or in part, directly or indirectly, of a work, an object of related rights or a database, by any means and in any form, including in the form of sound and video recording. Recording for temporary or permanent storage in electronic (including digital), optical or other machine-readable form shall also be considered reproduction;

n¹) temporary copy – an incidental or necessary temporary copy of a work, a recording of a performance, a phonogram, a videogram, a database or a recording of a transmission of a broadcasting organization, which constitutes an essential and significant part of a technical process; the sole purpose of creating the temporary copy is to ensure the transmission of the object in a network between third parties during the intermediate or lawful use of the work or/and objects of related rights, and such temporary copy has no independent commercial significance;

o) reprographic reproduction (making of a copy) – facsimile reproduction, in any size, of the original or a copy of a work, data or other material expressed in written or graphic form, by means of photocopying or other technical means. Recording in electronic (including digital), optical or other machine-readable form shall not be considered reprographic reproduction;

o¹) accessible format – the result of reproduction of a printed work of science, literature, art by an alternative means or form, which ensures for the beneficiary equal accessibility of the said work as for a person without the disability specified in subparagraph „y“ of this Article. The accessible format does not exclude, where necessary, the use of an auxiliary means and/or other assistance by the beneficiary or an authorized person;

p) communication to the public – communication of the image and/or sound of a work, performance, phonogram, videogram, database, broadcasting organization's transmission by air, cable or other means (except distribution of copies of a work or phonogram) in such a way that the image and/or sound of the transmission can be perceived by persons who do not belong to the family or close relatives circle, at the place(s) that is/are so distant from the place of transmission that, without such transmission, the image and/or sound cannot be perceived at the place(s) of reception, including communication in such a way that copyright or related rights objects, databases are accessible to any person at the time and from the place chosen by that person;

q) "public performance" – presentation of a work, performance, phonogram, videogram, broadcasting organization's transmission by recitation, playing, singing, dancing or in another form, directly (live performance) or through any device, at the place(s) where the public performance can be perceived without the need for communication to the public and where persons who do not belong to the family or close relatives circle are present or may be present. Public performance of an audiovisual work shall be considered the showing of images of the work in sequence;

r) public display – demonstration of the original or a copy of a work directly or on a screen by means of film, slide, frame or other technical means, which is attended or may be attended by persons who do not belong to the family or close relatives circle. Public display of an audiovisual work shall be considered the showing of individual frames without sequence;

s) technological measure – any technology, device or component thereof, which, in the course of its normal operation, prevents or restricts acts that are not permitted by the holder of copyright or other rights; a technological measure shall be considered effective if, in the use of a protected work or other object, the rights holder controls access thereto through processes (encryption, copy restriction and other means) that serve the purpose of protection;

s¹) circumvention of technological measures – the use of a device or a component thereof and/or other means for the neutralization of technological measures;

t) rights management information – any information by means of which the work or other object protected by this Law, the author or the right holder is identified, or information on the conditions of use of the work or other object protected by this Law, as well as any numbers and codes in which such information is contained, if any element of this information is indicated on a copy of the work or other object protected by this Law or appears at the time of their public communication;

u) phonogram – a recording of the sound of a performance, other sounds or a sound-expressing signal. The term does not imply a sound recording included in an audiovisual work;

v) "producer of a phonogram" – a natural or legal person who has taken the initiative and assumed responsibility for making the first sound recording of a performance or other sounds; if there is no evidence to the contrary, the natural or legal person whose name and/or designation is duly indicated on the phonogram and/or its label shall be considered the producer of the phonogram;

w) recording – the fixation of an image and/or sound in any objective form that allows their perception, reproduction and communication by means of technical devices;

x) performer – an actor (of theatre, cinema and a.y.), singer, musician, dancer or other person who plays a role, reads, sings, recites, plays a musical instrument or otherwise performs a work of literature or art, a variety, circus, puppet or folklore number;

y) beneficiary − notwithstanding any other limitation of ability, a person who has such an impairment of vision, physical ability, perception or other ability necessary for reading a printed work that, as a result, he/she is unable to read a printed work equally with another person. A person who is able to read a printed work with the use of a simple auxiliary means intended for the improvement of vision shall not be considered a beneficiary. A decision on granting the status of beneficiary to a person shall be taken upon submission of the conclusion of the relevant expertise, a certificate on the state of health and/or a certificate on the limitation of ability (taking into account the basis for issuing the certificate/granting the status of limitation of ability);

z) authorized person − a legal entity of public law recognized as an authorized person by "Sakpatenti" − the National Library of Georgia named after Ilia Chavchavadze, a mass (public) library united in the library network of municipalities, an educational institution, a non-entrepreneurial (non-commercial) legal entity, one of whose main activities is the provision of educational services to beneficiaries for non-commercial purposes.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 15 December 2023 No. 3966 – website, 25.12.2023

Law of Georgia of 6 February 2025 No. 266 - website, 06.02.2025

Article 5. Objects of Copyright🔗

1. Copyright shall extend to works of science, literature and art which constitute the result of intellectual-creative activity, irrespective of the purpose, merits, genre, volume, form and means of expression of the work.

2. Copyright shall extend to a work which exists in an objective form, regardless of whether its publication or public communication has taken place.

3. Copyright shall not extend to ideas, methods, processes, systems, means, concepts, principles, discoveries and facts, even if they are expressed, described, explained, illustrated or embodied in a work.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 6. Works of Science, Literature and Art🔗

1. Works of science, literature and art are:

a) a literary work (book, brochure, article, computer program and others);

b) a dramatic or musical-dramatic work, a work of choreography or pantomime and other stage works;

c) a musical work with or without text;

d) an audiovisual work;

e) a work of sculpture, painting, graphics, lithography, fine art and other similar works;

f) a work of decorative-applied or monumental art;

g) a work of theatrical-decorative art;

h) a work of architecture, urban planning or garden-park art;

i) a photographic work or a work created by means analogous to photography. A separate image of an audiovisual work shall not be considered a photographic work;

j) a map, plan, sketch, illustration and other similar works relating to geology, geography, cartography or other fields;

k) a derivative work, in particular, a translation, a screenplay of a literary work, an adaptation, a screen version, a review, a stage adaptation, a compilation, a musical arrangement and other processing of works of science, literature and art;

l) a composite work, in particular, a collection, an encyclopedia, an anthology, a database and other works which, by virtue of the selection and arrangement of the material, constitute the result of intellectual-creative activity;

m) other works.

2. The protection of copyright in derivative and composite works shall be effected regardless of whether the works on which they are based or which they contain are objects of copyright.

3. Derivative and composite works shall be protected equally with the original work.

4. The protection of a computer program shall extend to all types of computer programs (including operating systems) which may be expressed in any language and form, including source text and object code.

Law of Georgia of 10 October 2002 No. 1693 - LHG I, No. 28, 28.10.2002, Art. 129

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 7. Independence of Copyright from the Right of Ownership🔗

1. Copyright does not depend on the right of ownership of the material object in which the work is expressed.

2. The transfer of ownership or possession of a material object does not in itself entail the transfer of copyright in the work expressed in that object, except in the case provided for by Article 18 of this Law.

Article 8. Works to Which Copyright Does Not Extend🔗

1. Copyright does not extend to the following works:

a) official documents (laws, court judgments, other texts of an administrative and normative nature), as well as their official translations;

b) official symbols of the State (flag, coat of arms, anthem, awards, monetary signs, other official signs and symbols of the State);

c) information about facts and events.

2. In the case of the use of the works referred to in subparagraph „b“ of the first paragraph of this Article in the name of another person, the protection of the author's right to a name shall be possible.

Article 9. Origination of Copyright🔗

1. Copyright in works of science, literature and art originates from the moment of their creation. A work shall be considered created when it is expressed in any objective form that allows its perception and reproduction.

2. For the origination and exercise of copyright, registration of the work, special formalisation or compliance with other formalities shall not be necessary.

3. (removed) .

4. The holder of a special copyright may, for the purpose of giving notice of his/her right, use a copyright protection sign, which shall be affixed to every copy of the work and consists of three elements:

a) the Latin letter C in a circle: ©;

b) the name (designation) of the holder of the special copyright;

c) the year of the first publication of the work.

Law of Georgia of 5 December 2000 No. 651 - LHG I, No. 47, 14.12.2000, Art. 135

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 9¹. Deposit of a Work🔗

1. The author or another holder of copyright shall have the right to deposit the original or a copy of the work with "Sakpatenti". The person indicated in the certificate confirming the deposit shall be considered the author/holder of copyright of the work, unless there is evidence to the contrary.

2. When depositing the original or a copy of a work with "Sakpatenti", the applicant shall respect the copyright or other rights of other persons related to the submitted work.

3. The applicant himself shall be responsible for the accuracy and reliability of the documentation submitted by the applicant to "Sakpatenti".

4. If a work is submitted to "Sakpatenti" by the author's heir, successor in title or another person holding copyright, the application shall be accompanied by a document confirming inheritance, succession in title or the holding of copyright.

5. When depositing a work with "Sakpatenti" through a representative, the application shall also be accompanied by a document confirming representation.

6. Information related to a work deposited with "Sakpatenti" under this Article may become public at the request of the author of the work himself or another holder of copyright.

7. A fee shall be paid for the deposit of a work, which shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 4 May 2010 No. 3032 - LHG I, No. 27, 24.05.2010, Art. 184

Article 10. Presumption of Authorship🔗

1. A person who is duly indicated as the author on the original or a copy of a work shall be considered the author of the work, unless there is evidence to the contrary. This provision shall also apply where a work is published under a pseudonym, if the author is generally known by that pseudonym.

2. Where a work is published under a pseudonym (except where the author is generally known by that pseudonym) or anonymously, the publisher whose name or designation is duly indicated on the work shall be considered the author's representative, unless there is evidence to the contrary. He, as a representative, shall have the right to protect the author's rights and ensure their exercise. This provision shall apply until the author of such a work discloses his identity.

Article 11. Co-authorship🔗

1. Copyright in a work created as a result of joint intellectual-creative activity by two or more persons (co-authorship) belongs jointly to the co-authors, regardless of whether this work constitutes a single indivisible whole or consists of parts, each of which has independent significance. Relations between co-authors shall be determined by a contract concluded between them.

2. No co-author shall have the right to prohibit the use of the work without sufficient grounds for doing so.

3. By agreement of the co-authors, the publication or public communication of the work may be carried out under a joint pseudonym.

4. Each co-author has the right to use the part of the work that was created by him and that has independent significance, unless otherwise provided by a contract between them.

5. A part of a work created through co-authorship shall be considered as having independent significance if it can be used without the other parts of the work.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 12. Rights of the author (compiler) of a composite work🔗

1. The author of a composite work (compiler) owns the copyright in the selection and arrangement of the material, which constitutes the result of his intellectual-creative activity.

2. The compiler shall respect the copyright of the authors of the works included in the composite work.

3. The authors of the works included in the composite work have the right to use their works independently of the composite work, unless otherwise provided by a copyright contract.

4. The compiler's copyright does not prevent other persons from carrying out the selection and arrangement of the same material to create their own composite works.

Article 13. Rights of the author of a derivative work🔗

1. The author of a derivative work owns the copyright in the adaptation made by him.

2. The author of a derivative work shall respect the copyright of the author of this work.

3. The copyright of the author of a derivative work does not prevent other persons from adapting the same work.

Article 14. Special rights of the publisher🔗

1. Publishers of encyclopedias, encyclopedic dictionaries, scientific works, periodical and continuing collections, newspapers, journals and other periodical publications shall own the exclusive right to use the works included in these publications. The publisher shall have the right, when using such works in any form, to indicate its name or to demand its indication. It shall be inadmissible for another person to use a work included in a newspaper, journal or other periodical publication without the consent of the publisher of that newspaper, journal or periodical publication or of the author of such work, except in the cases provided for by this Law. In the case of use of exclusive material published in the press or in another mass medium by another information medium, it is necessary to cite the information medium in which that material was first published.

2. The authors of works included in the publications referred to in paragraph 1 of this Article shall retain the exclusive right to use their works, unless otherwise provided by an author's contract.

Law of Georgia of 9 September 1999 No. 2388 - LHG I, No. 43(50), 21.09.1999, Art. 223

Article 15. Copyright in an audiovisual work🔗

1. The authors (co-authors) of an audiovisual work are: the director, the author of the screenplay, the author of the dialogues, the author of a musical work with or without text created specifically for that audiovisual work.

2. The conclusion of a contract on the creation of an audiovisual work entails the transfer by the authors (co-authors) of the exclusive right to use that work to the producer of the audiovisual work, unless otherwise provided by the contract. The authors (co-authors) of that work retain the right to receive a royalty from the user (broadcasting organization, cinema, etc.) for the use of the work in any form, and any other arrangement between the producer of the audiovisual work and the authors (co-authors) shall be void. This right shall be exercised only through an organization managing economic rights on a collective basis.

3. The producer of an audiovisual work has the right, when such work is used in any form, to indicate his/her name or to require such indication.

4. The author of a previously created work which has been adapted or included as a component part in an audiovisual work, as well as the author of a work created in the process of creating an audiovisual work, retain the copyright in their works of independent significance. They have the right to use those works independently, unless otherwise provided by the contract, provided that such use does not hinder the normal use of the audiovisual work.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 3450 of 3 July 2023 – website, 25.07.2023

Article 16. Copyright in an official work🔗

1. Economic rights in a work created by an employee or by a person accepting an order, which is related to the performance of an official duty or an order (official work), belong respectively to the employer or to the customer, unless otherwise provided by the contract.

2. (removed).

3. (removed).

4. (removed).

5. (removed).

6. The employer has the right, when the official work is used in any form, to indicate his/her name (designation) or to require such indication.

7. When the official work is used in any form, the amount and procedure for payment of the author's remuneration (royalty) may be determined by a contract between the author and the employer.

8. (removed).

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 3032 of 4 May 2010 – LHG I, No. 27, 24.05.2010, Art. 184

Article 17. Personal non-property rights of the author of a work🔗

1. The personal non-property rights of the author of a work are:

a) to be recognized as the author of the work and to demand such recognition on every copy of the work and/or in any form of use, in the proper manner, including the right to demand indication of the author's name (right of authorship);

b) to indicate a pseudonym instead of the name and to demand such indication on every copy of the work and/or in any form of use, in the proper manner, as well as to waive indication of the name (right of the name);

c) to decide when, where and in what form to make known the fact of creation of the work;

d) to permit other persons to make changes both in the work itself and in its title (name) and in the author's name, as well as to object to the making of changes in the work without his/her consent (right of integrity of the work);

e) to protect the work from any distortion or other infringement that may damage the author's honour, dignity or business reputation (right to respect of reputation);

f) to permit other persons to add to the work works of other authors (illustration, foreword, afterword, commentary, explanation and others);

g) to demand cessation of use of the work (right of withdrawal of the work). In this case the author is obliged to publicly declare the withdrawal. The right of withdrawal of the work shall not apply to a work created in the course of employment.

2. The exercise of the right provided for by subparagraph "g" of paragraph 1 of this Article shall be at the author's expense. The author shall compensate the user of the work for the damage caused, including lost profit. The author shall also have the right, at his/her own expense, to withdraw from civil circulation copies of the work previously produced for the purpose of sale or rental or other form of transfer of ownership or possession.

3. Personal non-property rights belong to the author independently of his/her property rights and shall be retained even in the case of assignment of those rights.

4. Alienation of personal non-property rights during the author's lifetime shall be inadmissible. Their exercise after the author's death shall be carried out in the manner established by this Law.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 18. Economic Rights of the Author of a Work🔗

1. An author or other holder of copyright shall have the exclusive right to use the work in any form.

2. The exclusive right to use a work means the right to carry out, authorize or prohibit:

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

b) distribution of the original or copies of the work by sale or other transfer of ownership (right of distribution);

c) importation of copies of the work for the purpose of sale or rental or other transfer of ownership or possession, including copies made with the consent of the author or other holder of copyright (right of importation);

d) public display of the work (right of public display). This right shall not apply if the public display is the result of lawful acquisition of a work put into civil circulation;

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

f) communication of the work to the public, including first and/or subsequent communication; also communication of the work by wire or wireless means in such a way that it is available to any person at a time and place chosen by that person (right of communication to the public);

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

h) adaptation of the work (right of adaptation);

i) rental of the original or a copy of the work and/or other transfer of possession;

j) other use of the work.

3. The author or other holder of the exclusive copyright shall have the right to receive a copyright royalty for the use of his/her work in any form (right to remuneration).

4. The first sale in Georgia of a copy of a work by the author or with his/her consent shall exhaust, within Georgia, the author's right to the subsequent distribution of that work.

5. The authors or other holders of copyright in a musical work expressed in notes, an audiovisual work, a computer program, a database, a work recorded on a phonogram or videogram shall have the exclusive right to rent and otherwise transfer possession of the originals or copies of the said works, regardless of the ownership right to such originals or copies.

6. The exclusive right to use architectural, urban planning and garden-park projects includes the right to implement such projects.

7. The amount of the author's royalty and the procedure for its calculation and payment for the use of a work in any form shall be determined by a contract concluded between, on the one hand, the author, another copyright holder or an organization managing economic rights on a collective basis and, on the other hand, the user. In the case of retransmission of a work by cable, the amount of the author's royalty and the procedure for its calculation and payment shall be determined only by a contract concluded between this organization and the user. If the organization managing economic rights on a collective basis and the user fail to agree, the amount of the royalty and the procedure for its calculation and payment shall be determined, on the basis of an application by one of the parties or the parties, by a commission established by order of the Chairman of "Sakpatenti", whose composition and rules of activity shall be determined in accordance with the procedure established by paragraphs 5, 6 and 8–10 of Article 65 of this Law. Every user shall be obliged to pay the royalty to the organization managing economic rights on a collective basis in accordance with the tariff established by the said commission. The decision of this commission may be appealed to a court within 2 months of its adoption. An appeal to a court against the decision of this commission on the establishment of the relevant tariff shall not suspend the effect of that decision.

7¹. In the event of an appeal, within the period provided for by the same paragraph, against the tariff established by the commission as defined by paragraph 7 of this Article, until the court judgment enters into legal force, every user shall be obliged to pay the royalty to the organization managing economic rights on a collective basis in accordance with the tariff established by the said commission, and after the court judgment enters into legal force − in accordance with the tariff determined by that judgment.

8. A person who, after the expiry of the term of copyright, first makes available to the public, by publication or public communication, a work that has not previously been published or publicly communicated, shall acquire the economic rights provided for by paragraph 2 of this Article in respect of that work.

9. The restrictions on the economic rights provided for by paragraph 2 of this Article shall be determined by Articles 21–28 of this Law, provided that such restrictions do not hinder the normal use of the work and do not unreasonably prejudice the legitimate interests of the author or another copyright holder.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 3450 of 3 July 2023 – website, 25.07.2023

Article 19. Property rights to computer programs and databases🔗

1. The author of a computer program, along with the rights defined by Article 18 of this Law, enjoys the exclusive right to carry out, authorize or prohibit:

a) reproduction of a computer program by any means and in any form, in whole or in part. If such reproduction is necessary for loading, displaying, running, transmission (transmission) or storage of the computer program, the author's consent is required;

b) translation of a computer program from one programming language into another, adaptation, arrangement or other alteration, and reproduction of the results obtained, with respect for the rights of the person who alters the computer program;

c) (removed).

2. The author of a database, along with the rights defined by Article 18 of this Law, enjoys the exclusive right to carry out, authorize or prohibit:

a) temporary or permanent reproduction of the database by any means and in any form, in whole or in part;

b) translation, adaptation, arrangement or other alteration of the database and reproduction, distribution, public transmission, display or performance of the results obtained;

c) (removed).

d) any transmission, display or performance in public, including interactive, direct broadcasting.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 20. Rights of the author of a work of fine art🔗

1. The author of a work of fine art has the right to demand that the owner of the work give him the opportunity to reproduce his work (right of access). At the same time, the owner may not be required to bring the work to the author.

2. After the first alienation of the original of a work of fine art and photographic work, in the case of each subsequent sale thereof, including through professional intermediaries (art salon, fine art gallery, etc.), the author or his heirs have the right to receive a royalty from the seller in the following amount:

a) if the sale price is from 500 GEL to 100,000 GEL – 4%;

b) if the sale price is from 100,000.01 GEL to 400,000 GEL – 4,000 GEL + 3% of the amount above 100,000.01 GEL;

c) if the sale price is from 400,000.01 GEL to 700,000 GEL – 13,000 GEL + 1% of the amount above 400,000.01 GEL;

d) if the sale price is from 700,000.01 GEL to 1,000,000 GEL – 16,000 GEL + 0.5% of the amount above 700,000.01 GEL;

e) if the sale price is more than 1,000,000 GEL – 17,500 GEL + 0.25% of the amount above 1,000,000 GEL.

3. The collection of the royalty established by paragraph 2 of this Article shall be carried out through an organization managing property rights on a collective basis, upon whose demand the seller of the work of fine art or photographic work is obliged to submit to it information on the sales. The royalty established by paragraph 2 of this Article (excluding the payment of taxes) shall not exceed 25,000 GEL.

4. For the purposes of this Article, copies of the original made by the author or with his permission in a limited number shall be equated to the original of the work of fine art and photographic work referred to in paragraph 2.

5. Alienation of the right provided for by paragraph 2 of this Article, which passes by way of inheritance by law or by will only to the author's heir for the term of the copyright, shall be prohibited.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Article 21. Reproduction of a Work by Natural Persons for Personal Use🔗

1. Reproduction of a work lawfully published or made available to the public through public communication by a natural person solely for personal use shall be permitted without the consent of the author or other holder of copyright and without payment of copyright royalty to him/her, except for the cases provided for by paragraphs 2 and 3 of this Article.

2. Paragraph 1 of this Article shall not apply:

a) in the case of reproduction of architectural works in the form of buildings and structures;

b) in the case of reproduction of electronic databases, except for the cases provided for by Articles 28 and 30 of this Law;

c) in the case of reproduction of computer programs, except for the cases provided for by Articles 28 and 29 of this Law;

d) in the case of reprographic reproduction of books (in their entirety), sheet music and works of fine art;

e) in the case of reproduction of an audiovisual work or of a work recorded on a phonogram or videogram.

3. In the case of reproduction by natural persons for personal use of an audiovisual work or of a work recorded on a phonogram, the author or other holder of copyright shall, unlike the rule provided for by paragraph 1 of this Article, have the right to receive the corresponding royalty.

4. The royalty provided for by paragraph 3 of this Article shall be paid by manufacturers and importers of devices and material carriers used for reproduction for personal use. The collection and distribution of this royalty shall be carried out only by the organization managing economic rights on a collective basis that has been granted accreditation for the collective management of the rights defined by this Article.

5. The types of devices and material carriers used for reproduction for personal use provided for by paragraph 3 of this Article, the amount of the corresponding royalty and the procedure for its payment shall be determined by agreement between, on the one hand, manufacturers and/or importers and, on the other hand, the organization managing economic rights on a collective basis authorized in accordance with the procedure established by this Law. If the parties fail to reach agreement, the amount of the corresponding royalty and the procedure for its calculation and payment shall be determined, on the basis of an application by one of the parties or the parties, by a commission established by order of the Chairman of Sakpatenti in accordance with the procedure established by paragraph 7 of Article 18 of this Law, and the corresponding royalty shall be paid in accordance with the procedure defined by paragraphs 7 and 7¹ of the same Article.

6. The royalty provided for by paragraph 3 of this Article shall be distributed among the members/authors of the organization managing economic rights on a collective basis in proportion to the royalty paid to them by this organization during the year. When calculating the proportion, the royalty payable on the basis of paragraph 3 of the same Article shall not be taken into account.

7. If "Sakpatenti" has granted accreditation to more than one organization managing property rights on a collective basis in respect of a different right, category of rights or group of categories of rights, that organization managing property rights on a collective basis which has been granted accreditation for collective management of the rights provided for by this Article shall be obliged to distribute the royalty defined by paragraph 3 of this Article, taking into account the procedure established by paragraph 6 of the same Article, to the respective organization managing property rights on a collective basis.

8. The organization managing property rights on a collective basis that collects the royalty defined by paragraph 3 of this Article shall have the right, while observing confidentiality, to request from producers, importers and the respective state organizations and institutions information on the production and import of the devices and material carriers provided for by paragraph 4 of this Article, which is necessary for determining the amount of the royalty payable. The said information shall include:

a) only information on the producer, the type, quantity and cost price of the produced devices and material carriers − in the case of production of devices and material carriers;

b) only information on the importers, the type, quantity and customs value of the devices and material carriers − in the case of imported devices and material carriers.

9. Producers and importers of the appropriate devices and material carriers, as well as the respective state organizations and institutions, shall be obliged, while observing confidentiality, to provide the organization managing property rights on a collective basis that collects the royalty defined by this Article with the information provided for by paragraph 8 of this Article.

10. The Government of Georgia establishes the procedure for the storage and processing of the information provided for by paragraph 9 of this Article and determines the respective state organizations and institutions provided for by the same paragraph.

11. In the event of a violation by the organization managing property rights on a collective basis that collects the royalty defined by paragraph 3 of this Article of the procedure provided for by paragraph 10 of the same Article, this organization shall be liable to the respective subjects for the damage caused.

12. Royalty shall not be paid in respect of the devices and material carriers provided for by paragraph 4 of this Article which are:

a) the object of export;

b) professional equipment not intended for home use.

13. Royalty shall also not be paid in the case of importation by a natural person of the devices and material carriers provided for by paragraph 4 of this Article for personal purposes.

14. The right of reproduction of works protected by copyright provided for by this Law shall not extend to a temporary copy.

Law of Georgia of 5 December 2000 No. 651 - LHG I, No. 47, 14.12.2000, Art. 135

Law of Georgia of 3 June 2005 No. 1585 – LHG I, No. 31, 27.06.2005, Art. 198

Decision of the Constitutional Court of Georgia of 25 December 2020 No. 2/1/877 – website, 30.12.2020

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023

Article 22. Reprographic reproduction of a work by libraries, archives and educational institutions🔗

Reprographic reproduction shall be permitted without direct or indirect gain, without the consent of the author or other holder of copyright and without payment of copyright royalty to him or her, but with the necessary indication of the author of the work used and of the source of borrowing, and in certain cases – to the extent determined by the intended purpose. Such reprographic reproduction shall be permitted:

a) in a single copy, by libraries and archives, for the purpose of replacing destroyed, lost or unusable copies of lawfully published works; for the purpose of transferring to these libraries, in order to replace copies lost, destroyed or unusable for use from the funds of other libraries, if it is impossible to obtain such copies by other means under ordinary conditions;

b) in a single copy, of individual articles and other small-volume works or short excerpts from written works (except computer programs) lawfully published, by libraries and archives, at the request of natural persons, for study, scientific or personal purposes;

c) of individual articles and other small-volume works or short excerpts from written works (except computer programs) lawfully published, by educational institutions for conducting classes.

Law of Georgia of 3 June 2005 No. 1585 – LHG I, No. 31, 27.06.2005, Art. 198

Article 23. Use of a Work without the Author's Consent and without Payment of Remuneration to the Author🔗

It is permitted, without the consent of the author or other holder of copyright and without payment of copyright remuneration to them, but with the mandatory indication of the author of the work used and the source of borrowing:

a) citation, for scientific, research, polemical, critical and informational purposes, from works made available to the public by lawful publication or public communication, only to the extent justified by the purpose of the citation, including reproduction for a printed review of short excerpts from newspapers and magazines;

b) use, by way of illustration, of short excerpts from works made available to the public by lawful publication or public communication, in publications, radio and television broadcasts, and educational audio and video recordings, only to the extent determined by the purpose pursued;

c) reproduction in magazines and newspapers or public communication of articles on current economic, political, social and religious issues made available to the public by lawful publication or public communication through periodicals, or of publicly communicated works of similar content, only where such reproduction or public communication is not specifically prohibited by the author or other holder of copyright. At the same time, the author retains the right to publish such work in a collection;

d) reproduction or public communication, in a review of current events, of a work seen or heard in the course of current events, by means of photography, broadcasting or cable transmission, only to the extent justified by the informational purpose;

e) reproduction in magazines, newspapers and other periodicals, or public communication, of publicly delivered political reports, speeches, lectures, addresses, sermons and similar works, including speeches delivered in court proceedings, only to the extent justified by the informational purpose. At the same time, the author retains the exclusive right to publish such works as a separate collection or book;

f) reproduction, without the purpose of obtaining profit, of a lawfully published work created for the blind by means of relief dot font or other special means, except for works specially created for such means of use.

Law of Georgia of 3 June 2005 No. 1585 – LHG I, No. 31, 27.06.2005, Art. 198

Article 23¹. Permitted Use of a Printed Work Protected by Copyright and Related Rights for the Benefit of a Person with an Impairment of the Ability Required for Reading a Printed Work🔗

1. The rule defined by this Article applies to a printed work that is made available to the public through lawful publication or public communication and that is lawfully accessible to the beneficiary and the authorized person. For the purposes of this Article, a printed work is a work protected by copyright and related rights, a symbol and illustrations related thereto, accessible in the form of text (in digital form and in material form) or in audio format.

2. The rule defined by this Article does not apply to an accessible format of a printed work that is commercially involved in local civil circulation. This restriction does not apply to other accessible formats of the said printed work. In the event of a dispute, the author or another holder of copyright shall be obliged to prove the fact that the accessible format of the printed work is commercially involved in local civil circulation. The permitted use of the printed work provided for by this Article shall be carried out while protecting the legitimate interests and rights of a subject having a commercial interest.

3. The beneficiary shall have the right, without the prior consent of the author or another holder of copyright and without payment of remuneration to him/her, to obtain (receive) a copy of an accessible format of a printed work from a local authorized person and an authorized person recognized in a state party to the relevant international treaty of Georgia. At the same time, the beneficiary and/or his/her legal representative, personal assistant, supporter, curator shall have the right to reproduce the printed work in an accessible format for the beneficiary's personal use of this work. In the reproduction process defined by this paragraph, the provision of assistance to the beneficiary by his/her legal representative, curator, personal assistant shall be permissible.

4. The authorized person shall be entitled, without the prior consent of the author or another holder of copyright and without payment of remuneration to him/her, but with the mandatory indication of the author of the used work and the source of borrowing, to reproduce this work in an accessible format, to obtain (receive) a copy of this format from another local authorized person and an authorized person recognized in a state party to the relevant international treaty of Georgia, to ensure access by any means (transfer, exchange, distribution) to the printed work stored in its system and reproduced in an accessible format for local beneficiaries and beneficiaries located in a state party to the relevant international treaty of Georgia, as well as for another local authorized person and an authorized person recognized in a state party to the relevant international treaty of Georgia. All actions defined by this paragraph shall be carried out for non-commercial purposes and exclusively for use by beneficiaries.

5. An authorized person is entitled, in order to cover the expenses necessary for carrying out the activity defined by this Article, to receive remuneration from another local authorized person in exchange for the provision of services, if this does not contradict the legislation of Georgia. The income received by an authorized person in accordance with this paragraph shall be used for carrying out the activity defined by this Article.

6. The holder of a copyright or related right is entitled to claim compensation for damage if damage was caused to him in violation of the procedure established by this Article. Insignificant damage shall not be taken into account.

7. An authorized person shall take appropriate measures to ensure:

a) access to a printed work stored in its system and reproduced in an accessible format only for the beneficiary and the authorized person;

b) prevention of unlawful reproduction of a printed work, unlawful access to (transfer, exchange, distribution) and acquisition (receipt) of a printed work reproduced in an accessible format;

c) public availability of information on the number of beneficiaries, the contact information of partner authorized persons (authorized persons that exchange with each other printed works reproduced in an accessible format), as well as information on a work stored in its system and reproduced in an accessible format.

8. An authorized person shall, while protecting the personal data of beneficiaries, provide the information provided for by subparagraph „c“ of paragraph 7 of this Article to "Sakpatenti", which shall collect the information provided to it and publish it on its official website. In the event of an update of the information, the authorized person shall be obliged to provide the updated information to "Sakpatenti" within 5 working days from the occurrence of the new circumstance. The authorized person shall be responsible for the accuracy of the information provided to "Sakpatenti". The procedure for the provision of information by an authorized person to "Sakpatenti" shall be determined by an order of the Chairman of "Sakpatenti".

9. "Sakpatenti" shall be obliged to ensure, on its official website, the public availability, in an accessible and consolidated form, of the list of local authorized persons and their contact information, as well as the list of authorized persons recognized in the States party to the international treaties of Georgia at its disposal and their contact information.

10. An authorized person shall be obliged, upon the request of a beneficiary, another authorized person or the holder of a copyright or related right, to provide information:

a) on the printed works stored in its system and reproduced in an accessible format;

b) on the names and contact information of partner authorized persons.

11. The reproduction of a printed work in an accessible format shall be carried out in compliance with the right of integrity of that work. At the same time, it is permitted to make such a change as is necessary to create a printed work reproduced in an accessible format.

12. A contractual term contrary to the rules defined by paragraphs 3 and 4 of this Article shall be void.

13. In the course of implementation of the provisions of this Article, the personal data of beneficiaries shall be processed in accordance with the Law of Georgia “On Personal Data Protection”. The authorised person shall be entitled, for the purposes of this Article and Article 23² of this Law, to process the personal data of a person interested in obtaining beneficiary status, including the relevant expert opinion, a certificate on the state of health and a certificate on the limitation of ability (including the ground for issuing the certificate/assigning the status of limitation of ability).

Law of Georgia of 15 December 2023 No. 3966 – website, 25.12.2023.

Article 23². Rule for granting beneficiary status and authorised person status🔗

1. A person interested in obtaining beneficiary status shall apply to the authorised person and submit to it an application on granting beneficiary status. The authorised person shall adopt a decision on granting beneficiary status to the person within 2 weeks from the application to it by the said application.

2. A person interested in obtaining beneficiary status (his/her legal representative, representative by proxy) shall submit to the authorised person the following documents:

a) the application of the interested person on granting beneficiary status;

b) a document confirming the identity of the interested person, and where the application on granting beneficiary status is submitted by his/her legal representative or representative by proxy − also a document confirming legal representation or a notarised power of attorney;

c) the relevant expert opinion, a certificate on the state of health and/or a certificate on the limitation of ability and the attached documents confirming the existence of the circumstance indicated in subparagraph “y” of Article 4 of this Law.

3. The authorised person shall be obliged to grant beneficiary status to a person interested in obtaining beneficiary status if the existence of the circumstance indicated in subparagraph “y” of Article 4 of this Law is confirmed.

4. Beneficiary status shall be valid until the beneficiary's application on termination of this status, until his/her death or until the elimination of the circumstance which, in accordance with subparagraph “y” of Article 4 of this Law, is the ground for granting beneficiary status to the person. The beneficiary shall, within a reasonable time, notify the authorised person of the elimination of the ground for granting beneficiary status, and the beneficiary's heir − of the beneficiary's death.

5. The decision on granting the status of authorised person to an institution and the decision on revocation of this status shall be adopted by “Sakpatenti”. The rule for granting the status of authorised person to an institution and revocation of this status shall be determined by order of the Chairman of “Sakpatenti”. This order shall comply with the requirements established by this Article.

6. An institution interested in obtaining the status of an authorized person shall apply to "Sakpatenti" and submit to it an application on the granting of the status of an authorized person, evidence confirming integration into the municipal library network (in the case of a mass (public) library integrated into the municipal library network), the charter of a non-entrepreneurial (non-commercial) legal entity (in the case of a non-entrepreneurial (non-commercial) legal entity) and/or information confirming that the activity of the institution interested in obtaining the status of an authorized person complies with the requirement of subparagraph "z" of Article 4 of this Law. "Sakpatenti" shall be entitled, if necessary, to require the institution interested in obtaining the status of an authorized person to submit additional documentation/information in order to fully consider the application on the granting of the status of an authorized person.

7. The grounds for revocation of the status of an authorized person are:

a) a request by the authorized person for revocation of this status;

b) cancellation of the registration of the organization;

c) change of the type of activity of the institution;

d) failure by the authorized person to comply with the requirements established by this Law.

8. Failure by an authorized person to comply with the requirements established by this Law shall not automatically entail revocation of the status of an authorized person. Revocation of the status of an authorized person on this ground shall be permissible if the authorized person has committed a serious violation and such revocation is the only means of protecting the legitimate interests of the holders or beneficiaries of copyright or related rights.

9. A decision of "Sakpatenti" on refusal to grant the status of an authorized person to an institution or on revocation of this status is an individual administrative-legal act. It may be appealed in accordance with the procedure established by the Administrative Procedure Code of Georgia.

10. After revocation of the status of an authorized person, the authorized person shall be obliged to transfer the printed works reproduced in an accessible format and stored in its system to another authorized person selected by it.

Law of Georgia of 15 December 2023 No. 3966 – website, 25 December 2023.

Article 24. Use of a work permanently located in places open to free attendance🔗

Reproduction or public communication of architectural, photographic, and fine art works permanently located in places open to free attendance shall be permitted without the consent of the author or other holder of copyright and without payment of copyright remuneration to him, except in cases where the image of the work constitutes the main object of such reproduction or public communication or is used for the purpose of obtaining profit.

Article 25. Public performance of a musical work during ceremonies🔗

It is permitted to publicly perform a musical work made available to the public by lawful publication or public communication during official, mourning and religious ceremonies without the consent of the author or other holder of copyright and without payment of royalties to him/her, only to the extent justified by the nature of such ceremony.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27 June 2005, Art. 198

Article 26. Reproduction of a work for judicial proceedings🔗

Reproduction of a work without the consent of the author or other holder of copyright and without payment of royalties to him/her, for judicial proceedings, is permitted only to the extent determined by the intended purpose.

Article 27. Short-term recording of a work by a broadcasting organization🔗

A broadcasting organization is entitled, without the consent of the author or other holder of copyright and without payment of additional royalties to him/her, to record for short-term use the work which the organization has obtained the right to broadcast, subject to the following conditions:

a) making of the recording by means of its own equipment, for its own broadcast;

b) destruction of the recording after 6 months from the making, unless a longer term was agreed with the author of the recorded work. Without the author's consent, only a recording of a documentary nature may be kept in an official archive.

Article 28. Restrictions on the rights of holders of a computer program and a database🔗

1. A person who lawfully possesses a copy of a computer program or database is entitled, without the consent of the author or other holder of copyright and without payment of royalties to him/her:

a) to make changes in the computer program or database that are necessary for the functioning of the user's technical means, as well as to carry out any action related to the functioning of the computer program or database, including recording and storage in the computer memory (for one computer or one network user), correction of obvious errors, unless otherwise provided by the copyright contract;

b) to make a backup copy of the computer program or database, provided that it is intended only for archiving and to replace a lost, destroyed or unusable copy of the lawful possessor.

2. A backup copy of a computer program or database may not be used for a purpose different from the rules established by paragraph 1 of this Article and shall be destroyed immediately upon termination of the right of possession of the computer program or database.

Article 29. Free use of a computer program (decompilation)🔗

A person who lawfully possesses a copy of a computer program shall be entitled, without the consent of the author or other holder of copyright and without payment of copyright royalty to him/her, to carry out decompilation of the computer program (reproduce and transform the object code into source text), as well as to commission decompilation to other persons, where this is necessary to achieve interoperability between the computer program independently created by him/her and other programs, subject to the following conditions:

a) these actions were carried out by a person who had the right to use the copy of the program, or by another person on his/her behalf who had the relevant permission;

b) the information necessary to achieve interoperability had not previously been available to him/her from other sources;

c) these actions relate to those parts of the decompiled program which are necessary to achieve interoperability;

d) the information obtained as a result of decompilation shall be used only to achieve interoperability between the independently created computer program and other programs. This information may not be transferred to other persons or used for the development of a new computer program that is substantially similar to the decompiled program, or for the performance of any other action that infringes copyright.

Article 30. Free use of a database🔗

A lawful user of the original or a copy of a database may, without the consent of the author of the database or other holder of copyright, carry out the actions defined by Article 19 of this Law, where this is necessary for access to the database and its normal use. If the lawful user has the right to use a part of the database, that right shall extend only to that part.

Article 31. Origination of Copyright and Its Duration🔗

1. Copyright shall arise upon the creation of the work and shall be valid during the author's lifetime and for 70 years after his/her death, except for the cases provided for by Article 32 of this Law.

2. The calculation of the terms provided for by this Article and Article 32 of this Law shall begin on 1 January of the year following the year in which the legal fact that constituted the basis for the commencement of the calculation of the said term occurred.

Article 32. Term of validity of copyright🔗

1. Copyright in a work whose publication or public communication occurred under a pseudonym or anonymously shall be valid for 70 years from the date of the lawful occurrence of this fact. If within this term the author discloses his identity or if his identity is not in doubt, Article 31 of this Law shall apply.

2. Copyright in a work created in co-authorship shall be valid during the life of each co-author and for 70 years from the death of the last co-author.

3. If the publication or public communication of a work occurs in volumes, parts, issues or episodes, and the term of protection of copyright is counted from the date of the lawful occurrence of this fact, this term shall be calculated for each such work.

4. Copyright in the works referred to in Articles 12 and 13 of this Law shall be valid for 70 years from the date when their lawful publication or public communication occurred, and if the publication or public communication of the work did not occur – from the date of its creation.

5. Copyright in an audiovisual work shall be valid for 70 years from the death of the last of the authors (co-authors) referred to in the first paragraph of Article 15 of this Law.

5¹. Copyright in a textual and musical work created in co-authorship shall be valid during the life of each co-author and for 70 years from the death of the last co-author, regardless of whether the authors of the text and of the musical work, as a result of whose intellectual-creative activity the musical work was created, are indicated as co-authors.

6. The economic copyright of the person who lawfully carried out the publication or public communication of a work whose publication or public communication had not occurred earlier (paragraph 8 of Article 18 of this Law) shall be valid for 25 years from the date of the occurrence of such fact.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 23 December 2017 No. 1917 – website, 11.01.2018.

Article 33. Perpetual copyright🔗

1. Protection of the right of authorship, the right to a name, the right to the inviolability of the work and the right to respect for reputation related to a work shall be exercised perpetually.

2. After the expiry of the term of copyright, it shall be inadmissible for another author to use the title of a work for a work of the same genre, if such use may cause confusion of authors, which may mislead the public.

3. It shall be prohibited to publish or publicly communicate a work under such a pseudonym as may cause, by way of publication or public communication, identification with the author of a work previously available to the public, which may mislead the public.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 34. Use of a Work with Expired Copyright🔗

1. A work in respect of which the term of copyright has expired may be used by any person without payment of copyright royalty. At the same time, the rights of authorship, name, inviolability of the work and respect for reputation shall be protected. This rule also applies to a work that was not protected in the territory of Georgia.

2. The legislation of Georgia may establish special levies for the use in the territory of Georgia of a work in respect of which the term of copyright has expired. The income received from such levies shall be transferred only to an organization managing property rights on a collective basis. The amount of the levies shall not exceed 3 per cent of the income received as a result of the use of the work.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 35. Grounds for Transfer of Copyright🔗

1. Copyright shall be transferred by law or by will through inheritance or by contract.

2. Within the term of copyright, the exclusive rights to use the work referred to in Article 18 of this Law shall pass by law to the heirs, unless otherwise provided by will.

3. The rights of authorship, name and inviolability of the work shall not pass by inheritance. Heirs shall have the right to exercise the protection of the said personal rights. This authority of theirs shall not be limited in time.

4. Unless the author during his/her lifetime determined otherwise, of his/her personal rights the right to permit other persons to add works of other authors (illustration, foreword, afterword, commentary, explanation and others) to the work shall pass by inheritance. The said right shall pass to the heirs for the term of copyright.

5. The author shall have the right to designate the person whom he/she appoints as the protector of the rights referred to in paragraph 3 of this Article. This person shall perform his/her duty until the death of the author.

6. If there are no heirs or they improperly exercise the rights referred to in paragraph 3 of this Article, the protection of these rights shall be carried out by the National Intellectual Property Centre "Sakpatenti".

Law of Georgia of 5 December 2000 No. 651 - LHG I, No. 47, 14.12.2000, Art. 135

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 36. Transfer of the Author's Property Rights🔗

The author or another holder of copyright may transfer all property rights or part thereof to a successor in title.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 37. Exclusive License🔗

1. Under an exclusive license contract, the author or another holder of copyright grants only the licensee the exclusive right to use the work in the manner and within the scope defined by the contract, and also grants the licensee the right to prohibit such use of the work by other persons (including the author).

2. The right to prohibit the use of the work by other persons may be exercised by the author if the licensee does not pursue the protection of this right.

Law of Georgia No. 1585 of 3 June 2005 - LHG I, No. 31, 27.06.2005, Art. 198

Article 38. Ordinary License🔗

1. Under an ordinary license contract, the author or another holder of copyright grants the licensee the right to use the work on an equal footing with those persons who have obtained the right to use such work in the same manner.

2. A right transferred under a copyright contract shall be considered an ordinary right unless otherwise provided by the contract.

Law of Georgia No. 1585 of 3 June 2005 - LHG I, No. 31, 27.06.2005, Art. 198

Article 39. Use of a Work after the Grant of an Exclusive License🔗

Even in the case of the grant of an exclusive license, the author retains the right to use this work only when publishing a complete collection of his works, if, as a result of the grant of the exclusive license, 5 years have elapsed from the date when the work became available to the public by way of publication or public communication. At the same time, the author shall not have the right to use such work independently of the complete collection.

Law of Georgia No. 1585 of 3 June 2005 - LHG I, No. 31, 27.06.2005, Art. 198

Article 40. Licence contract🔗

1. The licence contract shall provide for: an exact description of the work to be used (title, volume, genre), the specific type of use of the work, the term and territory of the contract, the rule for determining the amount of the royalty or the amount of the royalty for each type of use of the work, the rule and term for its payment, as well as other conditions which the parties consider essential.

2. The right to use the work in all forms not directly provided for by the licence contract belongs to the author or other holder of copyright.

3. If the licence contract does not provide for a specific type of use of the work, the contract shall be considered concluded for such use of the work as may be considered necessary for the fulfilment of the intention the parties had when concluding the contract.

4. If the licence contract does not provide for the term of the contract, the contract may be terminated by the author or other holder of copyright 3 years after its conclusion. The licensee shall be notified in writing thereof 6 months before termination of the contract.

5. If the licence contract does not provide for the territory of the contract, it shall be effective only in the territory of Georgia.

6. The rights granted by the licence contract may be transferred in whole or in part to other persons, if this is directly provided for by the contract.

7. If, in a licence contract on reproduction of a work, the royalty is determined as a fixed amount, the licence contract shall establish the maximum print run of the work.

Law of Georgia No 1585 of 3 June 2005 – LHG I, No 31, 27.06.2005, Art. 198

Article 41. (Removed)🔗

Law of Georgia No 1585 of 3 June 2005 – LHG I, No 31, 27.06.2005, Art. 198

Article 42. Form of contract🔗

A contract on assignment of copyright, a contract on creation of a work and a licence contract shall be concluded in writing. A licence contract on the use of a work in periodical printed publications may also be concluded orally.

Law of Georgia No 1585 of 3 June 2005 – LHG I, No 31, 27.06.2005, Art. 198

Article 43. Contract for the Creation of a Work🔗

1. Under a contract for the creation of a work, the author undertakes the obligation to create the work in accordance with the terms of the contract and to deliver it to the customer (orderer), and the customer (orderer) undertakes the obligation to accept the work and pay the author a royalty.

2. The author shall be obliged to create the work in person, unless otherwise provided by the contract. The involvement of another person (persons) in the creation of the work shall be permissible only with the consent of the customer (orderer).

3. The customer (orderer) shall be obliged, upon the arrival of the time limit provided for by the contract, to examine the work and to notify the author in writing of the approval of the work or, on the basis of the terms of the contract, of its rejection or of the necessity of making corrections therein.

4. If no written notification is sent to the author within the time limit established by the contract, the work shall be considered approved by the customer (orderer).

5. The procedure for the payment of an advance to the author, the time limit and the amount of the advance shall be determined by the contract.

6. Void shall be that term of the contract which restricts the author's right to create in the future a work on a specified theme or in a specified field.

7. The subject of the contract may not be the transfer of a right to a work which the author may create in the future.

8. The economic copyright in a work created as a result of an order shall belong to the customer (orderer), unless otherwise provided by the contract.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 3032 of 4 May 2010 – LHG I, No. 27, 24.05.2010, Art. 184

Article 44. Obligation to Compensate Damage🔗

A party which has failed to perform or has improperly performed an obligation assumed under a contract for the transfer of the author's economic rights, for the creation of a work or a licence agreement shall compensate the other party for the damage caused, including lost income.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Article 45. Related Rights🔗

1. The protection of related rights provided for by this Chapter shall not hinder the protection of copyright.

2. Related rights shall be exercised in a manner respecting copyright. No provision of this Chapter shall be interpreted as an infringement of the protection of copyright.

Article 46. Subjects of Related Rights🔗

1. The subjects of related rights are: performers, producers of phonograms or videograms, and broadcasting organizations.

2. Producers of phonograms or videograms and broadcasting organizations shall exercise the rights provided for by this Chapter within the scope of the powers conferred by a contract concluded with the author and the performer of a work recorded on a phonogram or videogram or transmitted by air or cable.

3. A performer shall exercise the rights provided for by this Chapter subject to the protection of the rights of the author of the performed work.

4. No formalities are required for the emergence and exercise of related rights. The producer of a phonogram or a performer may, for the purpose of giving notice of his/her right, use the related rights protection sign, which shall be affixed to every copy of the phonogram and/or its case and consists of three elements:

a) Latin letter P in a circle: P ;

b) name (designation) of the holder of the exclusive related right;

c) year of first publication of the phonogram.

Article 47. Rights of the Performer🔗

1. A performer shall have the following personal and property rights in respect of his/her performance:

a) right to name;

b) the right to protect the performance from any distortion or other infringement that may prejudice the performer's honour, dignity or business reputation (right to respect for reputation);

c) the right to use the performance in any form, including the right to receive royalty for every form of use of the performance.

2. The exclusive right of use of a performance means the right to authorize or prohibit:

a) the recording of a performance that has not previously been recorded;

b) direct or indirect reproduction of a performance recorded on a phonogram;

c) broadcasting or cable transmission of a performance, except where a performance previously recorded or previously broadcast with the performer's consent is transmitted;

d) broadcasting or cable transmission of a recording of a performance, if the recording of that performance was not initially made for profit-making purposes;

e) rental or other transfer of possession of the original or copies of a performance recorded on a phonogram;

f) distribution of the original or copies of a performance recorded on a phonogram – by sale or other transfer of ownership;

g) transmission of a performance recorded on a phonogram by wire or wireless means in such a way that it is available to a person at the time and place chosen by that person.

3. The authorization provided for by paragraph 2 of this article shall be granted by the performer, and in the case of a performance by a collective of performers, the authorization shall be granted by the head of such collective, on the basis of a written contract concluded with the user.

4. The conclusion of a contract between the performer and a broadcasting organization on the broadcasting or cable transmission of a performance entails the transfer by the performer of the right to record the performance, to subsequently transmit it and to reproduce the recording only if this is directly provided for by the contract. In the case of such use, the amount of royalty payable for the performance shall be determined by the said contract.

5. The conclusion of a contract between the performer and the producer of an audiovisual work on the creation of an audiovisual work entails the transfer by the performer of the rights provided for by paragraph 2 of this article, unless otherwise provided by the contract. The transfer of such rights by the performer is limited to the use of the audiovisual work and, unless otherwise provided by the contract, does not include the right to separately use the sound and image fixed in the audiovisual work.

6. The first sale in Georgia of copies of a phonogram by the performer or with his/her consent shall exhaust, within Georgia, the performer's right to further distribution thereof.

7. In respect of a performance created by a performer in the course of the performance of his/her official duties or of an assignment of the employer, the performer shall own the right to the name. The exclusive right to use such a performance shall belong to the person with whom the performer has an employment relationship, unless otherwise provided by a contract between them.

8. The exclusive rights of the performer provided for by paragraph 2 of this Article may be transferred to another person by contract.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 3032 of 4 May 2010 – LHG I, No. 27, 24.05.2010, Art. 184

Article 48. Exclusive rights of the producer of a phonogram🔗

1. The producer of a phonogram shall own the exclusive right to use the phonogram in any form, including the right to receive royalties for every form of use of the phonogram.

2. The exclusive right to use a phonogram means the right to carry out, authorise or prohibit:

a) direct or indirect reproduction of the phonogram;

b) (removed).

c) rental or other form of transfer of possession of the original or copies of the phonogram;

d) distribution of the original or copies of the phonogram to the public by way of sale or other form of transfer of ownership;

e) importation of copies of the phonogram for the purpose of sale or rental or other form of transfer of ownership or possession, including copies made with the consent of the producer of the phonogram;

f) transmission of the phonogram by wire or wireless means in such a way that it is accessible to any person from a place and at a time chosen by that person.

3. The exclusive rights of the producer of a phonogram provided for by paragraph 2 of this Article may be transferred to another person by contract.

4. The first sale in Georgia of copies of a phonogram by the producer of the phonogram or with his/her consent shall exhaust, within Georgia, the right of the producer of the phonogram to the subsequent distribution thereof.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Article 49. Special rights of the producer of a videogram🔗

1. The producer of a videogram shall have the special right to use the videogram in any form, including the right to receive royalties for every form of use of the videogram.

2. The special right to use a videogram means the right to authorize or prohibit:

a) direct or indirect reproduction of the videogram;

b) (removed).

c) rental or other transfer of possession of the original or copies of the videogram;

d) distribution of the original or copies of the videogram to the public by way of sale or other transfer of ownership;

e) importation of copies of the videogram for the purpose of sale or rental or other transfer of ownership or possession, including those copies that are made with the consent of the producer of the videogram;

f) transmission of the videogram by wire or wireless means in such a way that it is accessible to any person from a place and at a time chosen by that person.

3. The special rights of the producer of a videogram provided for by paragraph 2 of this Article may be transferred to another person by contract.

4. The first sale in Georgia of copies of a videogram by the producer of the videogram or with his consent shall exhaust, within Georgia, the right of the producer of the videogram to the subsequent distribution thereof.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Article 50. Special rights of a broadcasting organization🔗

1. A broadcasting organization shall have the special right to use its broadcast in any form, including the right to receive remuneration for every form of use of the broadcast.

2. The special right to use a broadcast means the right to authorize or prohibit:

a) recording of the broadcast;

b) reproduction of a recording of the broadcast, except where the broadcast was recorded with the consent of the broadcasting organization and the reproduction is carried out for the same purpose for which it was recorded;

c) simultaneous transmission of the broadcast on air and cable retransmission thereof by another on-air and cable broadcasting organization, respectively;

d) transmission of the broadcast on air or by cable;

e) public transmission of the broadcast in places where entry is subject to a fee.

f) distribution of a recording of the broadcast to the public by way of sale or other transfer of ownership;

g) rental or other transfer of possession of a recording of the broadcast;

h) transmission of a recording of the broadcast by wire or wireless means in such a way that it is accessible to any person from a place and at a time chosen by that person.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Article 51. Free Use of Objects of Related Rights🔗

1. The limitations on related rights provided for by this Law shall not prevent the normal use of a performance, phonogram, videogram, or broadcast of a broadcasting organization and shall not unreasonably prejudice the legitimate interests of the performer, the producer of the phonogram or videogram, and the broadcasting organization.

2. The use of a performance, phonogram, videogram, broadcast of a broadcasting organization and their recordings shall be permitted without the consent of the performer, the producer of the phonogram or videogram, and the broadcasting organization and without payment of royalty to them, in the following cases:

a) when citing from a performance, phonogram, videogram, or broadcast of a broadcasting organization, for scientific, research, polemical, critical and informational purposes – only to the extent justified by the purpose of citation;

b) when using short excerpts from a performance, phonogram, videogram, or broadcast of a broadcasting organization in the form of illustration for teaching or scientific research – only to the extent determined by the intended purpose;

c) when including short excerpts from a performance, phonogram, videogram, or broadcast of a broadcasting organization in a review of current events.

3. The use by natural persons of a performance, broadcast of a broadcasting organization and their recordings, as well as the reproduction of a phonogram or videogram for personal use, shall be permitted without the consent of the performer, the broadcasting organization, the producer of the phonogram or videogram. Such reproduction shall be carried out in accordance with the procedure provided for by Article 21 of this Law, subject to payment of royalty.

4. The right of reproduction provided for by this Law in respect of an object protected by related rights shall not extend to a temporary copy.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 52. Use of a phonogram published for profit-making purposes🔗

1. It is permitted, without the consent of the producer of a phonogram published for profit-making purposes and of the performer of a work recorded on such a phonogram, but with payment of remuneration:

a) public performance of the phonogram;

b) public communication of the phonogram.

2. The collection and distribution of the remuneration provided for by paragraph 1 of this Article shall be carried out by one of those organizations which manage the rights of performers and producers of phonograms on a collective basis, in accordance with an agreement between these organizations.

3. The amount of the remuneration and the procedure for payment shall be determined by an agreement between, on the one hand, the users of phonograms and, on the other hand, only the organization which manages the rights of producers of phonograms and performers on a collective basis. If the parties fail to reach an agreement, the amount of the remuneration, the procedure for its calculation and payment shall be determined, on the basis of an application by one of the parties or by the parties, by a commission established by order of the Chairman of "Sakpatenti" in accordance with the procedure established by paragraph 7 of Article 18 of this Law, and the corresponding remuneration shall be paid in accordance with the procedure determined by paragraphs 7 and 7¹ of the same Article.

4. Users of phonograms shall submit to the organizations referred to in paragraph 2 of this Article programmes (plans) containing accurate information on the volume of use of phonograms, as well as other information and documents necessary for the collection and distribution of remuneration.

5. For the purposes of this Article, a phonogram which has become accessible to any person by means of wired or wireless communication from a place and at a time chosen by him shall be considered as published for profit-making purposes.

Law of Georgia of 5 December 2000 No. 651 - LHG I, No. 47, 14.12.2000, Art. 135

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 23 December 2017 No. 1917 – website, 11.01.2018

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023

Article 53. Recording of a performance or broadcast by a broadcasting organization for short-term use🔗

A broadcasting organization shall have the right, without the consent of the performer, the producer of the phonogram or videogram and the broadcasting organization, to make a recording of a performance or broadcast for short-term use and to reproduce such recording, subject to the following conditions:

a) obtaining prior consent for this performance or broadcast of the programme;

b) making and reproducing the short-term recording with its own equipment, for its own broadcast;

c) destruction of the short-term recording under the condition provided for short-term recordings of works of science, literature and art.

Article 54. Maker of a database🔗

1. The maker of a database (which does not constitute a work) who confirms that he has made a qualitatively or quantitatively substantial investment in respect of the acquisition, obtaining, verification or presentation of the contents of the database shall enjoy a special right not to allow the extraction or/and re-utilisation of the whole of its contents or of a qualitatively or/and quantitatively assessed substantial part thereof.

2. For the purposes of this Chapter, extraction means the permanent or temporary transfer of the whole of the contents of a database or of a substantial part thereof to another material carrier by any means or in any form, while re-utilisation means the distribution, rental or other form of transfer of possession of the said carrier or copies thereof to the public, or the public communication of the whole of the contents of a database or of a substantial part thereof. The first sale in Georgia of copies of a database by the maker or with his consent shall exhaust the right to control their distribution within Georgia.

3. Repeated or systematic extraction or/and re-utilisation of insignificant parts of the contents of a database shall be inadmissible if such action prevents its normal use and unreasonably prejudices the legitimate interests of the maker of the database.

4. The rights of the maker of a database provided for by paragraph 1 of this Article may be transferred to another person by contract.

5. The rights referred to in paragraph 1 of this Article shall be valid independently of whether the works, objects of related rights and other data contained in this database are protected, regardless of their content. The protection of a database in accordance with the rights indicated in paragraph 1 of this Article shall not prejudice the copyright or other rights relating to its constituent parts.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Article 54¹. Deposit of a database🔗

1. The maker of a database shall have the right to deposit the original or a copy of the database with "Sakpatenti". The certificate issued by "Sakpatenti" as a result of the deposit confirms only the fact of the deposit of the database.

2. When depositing the original or a copy of a database with "Sakpatenti", the copyright and other rights related to the database shall be protected by the applicant.

3. The applicant himself shall be responsible for the accuracy and reliability of the documentation submitted by the applicant to "Sakpatenti".

4. If an application for the deposit of a database with "Sakpatenti" is submitted by the maker's heir, successor or another person holding the maker's rights, a document confirming inheritance, succession or the holding of the maker's rights shall be attached thereto.

5. When depositing a database with "Sakpatenti" through a representative, a document confirming representation shall also be attached to the application.

6. Information related to a database deposited in accordance with this Article may be made public by "Sakpatenti" at the request of the maker of the database himself.

7. A fee shall be paid for the deposit of a database, which shall be determined by a Resolution of the Government of Georgia.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 4 May 2010 No. 3032 - LHG I, No. 27, 24.05.2010, Art. 184

Article 55. Rights and obligations of the lawful user of a database🔗

1. If a database is made available to the public by publication or public communication, the maker shall not have the right to prohibit the lawful user of the database from extracting or/and re-utilising insubstantial parts of the contents of the database, evaluated qualitatively or/and quantitatively, for any purpose. If the lawful user has the right to extract or/and re-utilise a part of the database, this paragraph shall apply only to that part.

2. The actions of the lawful user of a database made available to the public by publication or public communication shall not prejudice the legitimate interests of the maker of the database.

3. The lawful user of a database made available to the public by publication or public communication shall not infringe the rights of the holder of copyright and related rights in respect of a work or an object of related rights contained in the database.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 56. Restriction of the rights of the maker of a database🔗

The lawful user of a database is entitled, without the permission of its maker:

a) to extract a substantial part of the contents of a non-electronic database for personal use;

b) to extract a substantial part of the contents of a database for the illustration of teaching and scientific-research material, with indication of the source and in the amount determined by the non-commercial purpose pursued;

c) to extract and re-utilize a substantial part of the contents of a database for the protection of public security and for administrative or judicial-procedural purposes.

Article 57. Terms of Validity of Related Rights🔗

1. The performer's right provided for by Article 47 of this Law shall be valid for 50 years from the first performance. If within this term a recording of the performance (except a performance recorded in the form of a phonogram) became lawfully accessible to the public by way of publication or public communication, this right shall be valid for 50 years from the first occurrence of one of the said facts, and if within this term a performance recorded in the form of a phonogram became lawfully accessible to the public by way of publication or public communication, this right shall be valid for 70 years from the first occurrence of one of the said facts.

2. The performer's right to a name and the right to respect for reputation shall be protected indefinitely. These rights shall not pass by inheritance. The protection of the performer's personal rights after his/her death shall be exercised in the manner provided for the protection of the personal non-property rights of authors of works of science, literature and art.

3. The right of the producer of a phonogram or videogram provided for by Articles 48 and 49 of this Law shall be valid, respectively, for 50 years from the first recording of the phonogram or videogram. If within this term the phonogram or videogram became lawfully accessible to the public by way of publication or public communication, this right shall be valid for 70 years from the first occurrence of one of the said facts.

3¹. If the producer of a phonogram, 50 years after the lawful publication or public communication of the phonogram, does not put a sufficient number of copies of the phonogram on sale or does not make them accessible to the public, the performer shall have the right to terminate the contract by which he/she transferred the rights to the recording of his/her performance to the producer of the phonogram.

4. The exclusive right of a broadcasting organization provided for by Article 50 of this Law shall be valid for 50 years from the first transmission of the programme by the said organization by wire or wireless means of communication (including cable or satellite communication).

5. The right of the producer of a database provided for by Article 54 of this Law shall be valid for 15 years from the making of the database. If within this term the database became lawfully accessible to the public by way of publication or public disclosure, the 15 years shall be counted from the first occurrence of one of the said facts.

6. A qualitatively and/or quantitatively assessed change in the contents of a database defined by Article 54 of this Law, in particular any substantial change resulting from deletion or correction, which makes it possible to establish that a substantial investment, qualitatively or quantitatively, has been made, makes it possible for the database changed as a result of such investment to be granted its own term of protection.

7. The counting of the terms provided for by this Article shall begin from 1 January of the year following the year in which the legal fact occurred which is the basis for the commencement of the counting of the said term.

8. The rights referred to in this Chapter shall, during the term of the periods specified in paragraphs 1 and 2–5 of this article, pass to the successors of the performer, the producer of a phonogram or videogram, the broadcasting organization and the producer of a database, and in the case of a legal person – to its successors in title.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 1917 of 23 December 2017 – website, 11.01.2018

Article 58. Infringement of Copyright, Related Rights and the Rights of the Producer of a Database🔗

1. Infringement of the copyright, related rights and the rights of the producer of a database provided for by this Law entails civil, administrative and criminal liability.

2. A natural or legal person who fails to comply with the requirements of this Law shall be considered an infringer of copyright, related rights and the rights of the producer of a database.

3. The following shall also be considered an infringement of copyright, related rights and the rights of the producer of a database:

a) unlawful use of a work, a performance, a phonogram, a videogram, a broadcast of a broadcasting organization and a database;

b) alteration or deletion of rights management information without the permission of the right holder;

c) if a work, an object of related rights or a database has become available to the public (by way of public communication, distribution of copies of their recordings, rental or other form of transfer of possession), where the person carrying out the aforementioned knew or had reasonable grounds to know that the rights management information had been altered or deleted without the permission of the right holder;

d) circumvention of technological measures;

e) production, import, distribution, sale, rental or advertising of any technology, device or component thereof:

e.a) the putting of which into civil circulation serves the circumvention of technological measures;

e.b) which has limited commercial significance and, apart from the circumvention of technological measures, may be used for another purpose;

e.c) which is from the outset created, intended, produced or adapted to enable or facilitate the circumvention of technological measures;

f) offering and provision of services using a technology, a device or a component thereof for the purpose of neutralizing technological measures;

g) failure by a provider of intermediary services (hosting) (hereinafter – intermediary service provider) provided for by subparagraph "g.c" of Article 2 of the Law of Georgia "On Electronic Commerce" to fulfil the obligations defined by Article 60¹ of this Law.

Law of Georgia No. 1585 of 3 June 2005 – LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 1137 of 9 December 2025 – website, 12.12.2025

Article 59. Protection of Copyright, Related Rights and the Right of the Maker of a Database🔗

1. The copyright holder, the holder of related rights or the maker of a database shall be entitled to demand from the infringer:

a) recognition of the right;

b) restoration of the state of affairs existing prior to the infringement of the right and cessation of the action that infringes the right or creates a threat of its infringement;

c) in accordance with Article 60 of this Law, seizure of copies of a work, phonogram, videogram or database deemed counterfeit, as well as material, device or component of a device necessary for their reproduction or for circumvention of technological means. Counterfeit copies of a work, phonogram, videogram or database may be handed over to the right holder at the request of the right holder;

d) compensation for the damage caused (including lost income), if the infringer knew or should have known about the infringement of copyright, related rights or the right of the maker of a database;

e) instead of compensation for the damage caused, seizure of the income received by the infringer as a result of the infringement of copyright, related rights or the right of the maker of a database, in favour of the claimant;

f) instead of compensation for the damage caused and seizure of income, payment of a lump-sum monetary compensation in accordance with the procedure established by paragraph 8 of this Article;

g) application of other measures related to the protection of his/her rights, which are provided for by the legislation of Georgia.

2. The measures provided for by subparagraphs “d”–“f” of paragraph 1 of this Article shall be applied at the choice of the right holder.

3. The counterfeit copies of a work, phonogram, videogram or database indicated in subparagraph “c” of paragraph 1 of this Article, which were not requested by the right holder, as well as material, device or component of a device necessary for their reproduction or for circumvention of technological means, shall be destroyed in accordance with a court judgment.

4. In the case provided for by subparagraph “c” of paragraph 1 of this Article, counterfeit copies of a work, phonogram, videogram or database lawfully acquired by a third party shall not be subject to seizure, except where the counterfeit copies were acquired for the purpose of commercial use.

5. If it is established by a court judgment that copies of a work, phonogram, videogram or database are counterfeit, the actions provided for by subparagraph “b” of paragraph 1 of this Article may also be carried out in respect of a person who knew or should have known that his/her service is or was used for the infringement of an exclusive right on a commercial scale.

6. When determining the amount of damage, account shall be taken of the essence of the infringement of the right, the income derived from the infringement of the exclusive right, the material and non-material damage caused to the right holder, as well as the estimated income which the right holder would have received from the lawful use of the work, the object of related rights or the database.

7. When determining the amount of the one-time monetary compensation, account shall be taken of the gravity of the infringement of the right, the number of infringing copies, the intent of the infringer and/or any other circumstance which may be taken into account when determining the amount of the compensation.

8. Before initiating a dispute, the right holder shall apply to the infringer with a demand for payment of the one-time monetary compensation, and the infringer shall have the right, within 2 weeks from the right holder's demand for payment of the one-time monetary compensation, to pay to him the one-time monetary compensation in an amount exceeding 10 per cent of the monetary remuneration receivable by the right holder in the case of lawful use of the infringed right. If the infringer fails to pay the right holder the one-time monetary compensation in the said amount within 2 weeks from the application to him, the right holder shall be entitled to initiate a dispute in accordance with the procedure established by the legislation of Georgia and to demand payment of the one-time monetary compensation, which shall not be less than ten times the monetary remuneration receivable by the right holder in the case of lawful use of the infringed right.

9. The copyright holder, the holder of related rights, the maker of a database shall have the right to demand from the intermediary service provider, by written notification, the immediate deletion of those infringing copies or the restriction of access to those infringing copies which infringe his copyright and/or related right or the right to a database.

10. The written notification of each right holder provided for by paragraph 9 of this Article shall contain:

a) a description of the object of the infringement of the right, as well as an indication of the fact which is a substantiated ground for the infringement of the right of the copyright holder, the holder of related rights or the holder of the right to a database;

b) the data on the basis of which it will be possible to identify the infringing copies;

c) the name (designation) of the right holder, identification or personal number, actual and legal addresses, telephone number and e-mail address.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 23 December 2017 No. 1917 – website, 11.01.2018

Law of Georgia of 16 December 2022 No. 2442 – website, 27.12.2022

Law of Georgia of 9 December 2025 No. 1137 - website, 12.12.2025

Article 60. Counterfeit copies🔗

1. Copies of a work, phonogram, videogram or database, the production, distribution, rental or other use of which causes infringement of copyright and related rights or of the right of the maker of a database, shall be considered counterfeit copies.

2. Counterfeit shall also be considered those copies of a work, phonogram, videogram or database which are protected in Georgia in accordance with this Law and which have been imported into Georgia without the consent of the right holder from a state where they have never been protected or where their protection has been terminated.

3. (Removed - 23.12.2017, No. 1917).

4. (Removed - 23.12.2017, No. 1917).

5. (Removed - 23.12.2017, No. 1917).

Law of Georgia No. 1585 of 3 June 2005 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia No. 1917 of 23 December 2017 – website, 11.01.2018

Article 60¹. Obligations of an intermediary service provider and grounds for exemption from its liability🔗

1. An intermediary service provider shall not be held liable for infringement of copyright, a related right or the right of a database maker, if, upon receipt of a written notification drawn up by the right holder in accordance with the procedure established by paragraph 10 of Article 59 of this Law, or no later than 24 hours after its receipt, it deletes the alleged infringing copies or restricts access to them, of which the alleged infringer of the said right shall be immediately notified.

2. The intermediary service provider shall be obliged, within 24 hours after receipt of the written notification provided for by paragraph 1 of this Article, to notify the right holder in writing about the measures taken and the decision made.

3. If the alleged infringer of the right considers that the action provided for by paragraph 1 of this Article was carried out in respect of him unlawfully, he is entitled to request from the intermediary service provider, by application, the restoration of the access to the disputed material that existed before the carrying out of the said action.

4. In the case provided for by paragraph 3 of this Article, the application of the alleged infringer of the right shall contain:

a) an indication of the material that was deleted or access to which was restricted;

b) the address of the website on which the material that was deleted or access to which was restricted was posted;

c) the reasoning on the basis of which the alleged infringer of the right considers that the material that was deleted or access to which was restricted does not infringe the right of the right holder indicated in the written notification;

d) the name (designation), identification or personal number, actual and legal addresses, telephone number and e-mail address of the alleged infringer of the right.

5. The intermediary service provider shall be obliged, within 24 hours after receipt of the application provided for by paragraph 3 of this Article, to send it to the right holder. The right holder shall be obliged, within 14 days after delivery of the said application, to submit a court ruling, satisfied by the court, on securing the claim regarding the deletion of the disputed material or restriction of access to it.

6. If the right holder fails to submit the court ruling provided for by paragraph 5 of this Article, the intermediary service provider restores the deleted material or the restricted access to it. In this case, the intermediary service provider shall not be held liable for infringement of copyright, a related right or the right of a database maker.

7. The persons provided for by this Article shall be liable for causing damage by their unlawful action. The amount of the said damage shall be determined in accordance with the procedure established by paragraphs 6 and 7 of Article 59 of this Law.

Law of Georgia of 9 December 2025 No. 1137 – website, 12.12.2025.

Article 61. (removed)🔗

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 23 December 2017 No. 1917 – website, 11.01.2018

Article 62. State policy in the field of copyright and related rights🔗

1. The implementation of state policy in the field of copyright and related rights and the exercise of other functions conferred by law shall be ensured by the National Intellectual Property Centre "Sakpatenti". Its status and powers shall be determined on the basis of the legislation of Georgia and the respective regulation.

2. The National Intellectual Property Centre "Sakpatenti" shall be entitled to:

a) ensure the implementation of state policy in the field of legislation on copyright and related rights and submit to the Prime Minister of Georgia proposals on its development;

b) represent Georgia in international organisations for the protection of intellectual property;

c) carry out the deposit of works and databases in accordance with the procedure established by this Law;

c¹) establish the procedure for the deposit of works and databases;

d) request from organisations managing economic rights on a collective basis information related to the management of economic rights;

e) through its representative, participate with an advisory vote in the meetings of the general meeting and of the supervisory bodies of the organisation, and, where the organisation violates the requirements of the legislation of Georgia and of the charter, fails to ensure the effective management and exercise of the economic rights of domestic and foreign right holders, and also violates the legitimate interests of users in the process of the use of the said rights, put the relevant matters for consideration at the general meeting of the members of the organisation.

Law of Georgia of 5 December 2000 No. 651 - LHG I, No. 47, 14.12.2000, Art. 135

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 25 September 2013 No. 1328 – website, 08.10.2013

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023

Article 63. Creation of an Organization Managing Economic Rights on a Collective Basis🔗

1. Authors of scientific, literary and artistic works, performers, producers of phonograms and videograms, as well as other holders of copyright and related rights (hereinafter – the right holder) may create an organization managing economic rights on a collective basis for the collective management of their economic rights.

2. An organization managing economic rights on a collective basis is a non-entrepreneurial (non-commercial) legal entity defined by the Civil Code of Georgia, to which Sakpatenti grants accreditation in accordance with the procedure established by this Law for the collective management of the economic rights of authors, other holders of copyright and subjects of related rights.

3. Management of economic rights in respect of one right or category of rights shall be carried out by only one organization managing economic rights on a collective basis.

4. An organization managing economic rights on a collective basis shall carry out its activities in accordance with this Law and other legislative and subordinate normative acts of Georgia, on the basis of its own charter and within the powers granted to it by the right holder (except for cases provided for by this Law).

5. A right holder who, on the basis of a contract, transfers to an organization managing economic rights on a collective basis their economic rights for collective management shall transfer to the same organization the rights to all works that they have already created and/or that they will create during the term of validity of the said contract, unless otherwise provided by the contract.

6. It shall be inadmissible for the words: “organization managing economic rights on a collective basis” or another word combination using these words to be used in the firm name of a legal entity, except for an organization managing economic rights on a collective basis accredited in accordance with this Law.

7. The procedure for maintaining the register of organizations managing economic rights on a collective basis shall be approved by an order of the Chairman of Sakpatenti.

Law of Georgia No. 3450 of 3 July 2023 – website, 25.07.2023.

Article 64. Accreditation🔗

1. In order to be granted accreditation for managing property rights on a collective basis, an organization shall submit to "Sakpatenti" an accreditation application, which confirms that:

a) the organization represents right holders and, at the same time, any right holder may join it in accordance with the organization's charter. To confirm the foregoing, the organization shall submit written contracts concluded with right holders together with a list of right holders, which shall include the repertoire of objects protected by copyright and related rights in electronic or material form;

b) the organization is able to manage property rights collectively, including that it has the relevant personnel, has the material and technical base necessary for the collection of royalties and effective mechanisms for the collection, distribution and payment of royalties (including the relevant software);

c) the organization's charter, internal regulations and the rules and principles of distribution of tariffs guarantee equal and non-discriminatory treatment both towards right holders and users;

d) the organization has paid the fee for the examination of the accreditation application;

e) the organization is not registered in the register of debtors and is not subject to attachment;

f) the organization's charter and other regulations comply with this Law and other legislative and subordinate normative acts of Georgia.

2. The accreditation application submitted in accordance with paragraph 1 of this Article shall be accompanied by representation agreements concluded with the majority of analogous organizations of foreign countries whose repertoire substantially covers a significant part of the works used in Georgia and/or other objects protected by this Law, as well as representation agreements concluded with the majority of analogous organizations of foreign countries whose repertoire substantially covers a significant part of Georgian works used in foreign countries and/or other objects protected by this Law. These representation agreements shall include the repertoire of objects protected by copyright and related rights in electronic or material form.

3. If, when submitting the application provided for by paragraph 1 of this Article, it is not possible to fully submit the representation agreements provided for by paragraph 2 of this Article, upon a reasoned request of the applicant, the Commission for Accreditation of Organizations Managing Property Rights on a Collective Basis (hereinafter – the Accreditation Commission), established by order of the Chairman of "Sakpatenti" on the basis of Article 65 of this Law, shall be entitled to decide on the extension of the time limit for submitting the said representation agreements.

4. In the case provided for by paragraph 3 of this Article, the Accreditation Commission grants accreditation and the organization managing property rights on a collective basis is given a 1-year period for the full submission of the reciprocal representation contracts defined by paragraph 2 of the same Article, which may be extended for the same period by a reasoned decision of the Accreditation Commission. In case of non-fulfillment of the aforementioned condition, the decision on granting accreditation shall be declared invalid and “Sakpatenti” shall adopt a decision on announcing a new competition.

5. In case of submission to “Sakpatenti” by more than one organization of an application for granting accreditation in respect of the same right, category of rights or groups of categories of rights, the decision shall be made in favor of the applicant that most satisfies the accreditation conditions. In case of participation in the competition of an organization that has previously operated in the relevant field, the Accreditation Commission shall take into account its past activity and experience.

6. The rules for the establishment and operation of the Accreditation Commission, the rules for conducting the accreditation competition, the fee for consideration of the accreditation application, as well as the rules for the operation of the commission provided for by paragraph 7 of Article 18 of this Law shall be determined by a Resolution of the Government of Georgia.

7. The applicant shall indicate in the accreditation application provided for by paragraph 1 of this Article the list of the right, category of rights or groups of categories of rights, the collective management of which it wishes. If the Accreditation Commission, after consideration of the documents, concludes that the applicant satisfies the accreditation conditions in respect of part of the right, category of rights or groups of categories of rights indicated in the accreditation application, the Accreditation Commission may, with the applicant's consent, adopt a decision on granting accreditation to the organization in respect of the corresponding right, category of rights or groups of categories of rights.

8. The granting of the authority to collect and distribute remuneration provided for by paragraph 3 of Article 21 and paragraph 3 of Article 51 of this Law may be requested from “Sakpatenti” only upon submission of an application for granting accreditation in respect of the right, category of rights or groups of categories of rights. If the granting of the authority to collect and distribute remuneration provided for by this paragraph has been requested by more than one applicant, the decision shall be made in favor of the applicant that most satisfies the accreditation conditions, and its past activity and experience shall also be taken into account.

9. The decision on granting accreditation shall be published in the official bulletin of “Sakpatenti”.

10. The applicant shall be refused accreditation if it fails to meet the requirements established by this Law. A decision on accreditation may be appealed to court within 1 month from official notification in accordance with the procedure established by the legislation of Georgia. An appeal against a decision on accreditation does not suspend its operation.

11. The organization in respect of which a decision on granting accreditation is issued shall be obliged, within 14 days from official notification of this decision in accordance with the procedure established by the legislation of Georgia, to apply to the Legal Entity of Public Law operating in the sphere of governance of the Ministry of Justice of Georgia – the National Agency of Public Registry (hereinafter – the National Agency of Public Registry) and to ensure compliance of its own company name with the requirement established by paragraph 6 of Article 63 of this Law.

12. In the event of failure by the organization to fulfil the obligation provided for by paragraph 11 of this Article, "Sakpatenti" is entitled, on its own initiative, to apply to the National Agency of Public Registry with a request to change the organization's company name.

13. "Sakpatenti" is entitled at any time to require from an organization managing property rights on a collective basis a report on the fulfilment of the obligations provided for by this Law.

14. In the event of termination of accreditation of an organization managing property rights on a collective basis, "Sakpatenti" shall announce a competition for granting new accreditation in respect of the same right, category of rights or groups of categories of rights no later than 1 month from the termination of accreditation.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 65. Accreditation Commission🔗

1. In the event of submission to "Sakpatenti" of an application for the granting of accreditation in respect of the relevant right, category of rights or group of categories of rights, "Sakpatenti" shall hold a competition. The winner of the competition must at least meet the mandatory criteria established by the legislation of Georgia for an organization managing property rights on a collective basis.

2. The Accreditation Commission shall grant accreditation to an organization managing property rights on a collective basis in respect of the relevant right, category of rights or group of categories of rights, in accordance with the procedure established by this Law.

3. In respect of a right, category of rights or group of categories of rights for whose collective management accreditation has not been granted, on the basis of a written application of authors and/or other right holders, "Sakpatenti" shall be obliged to announce an accreditation competition within 2 months from the submission of this application.

4. The Accreditation Commission shall be established by order of the Chairman of "Sakpatenti" after the announcement of the accreditation competition, no later than 15 days from the submission of the first application.

5. The Accreditation Commission shall be composed of the Chairman of "Sakpatenti" (Chairman of the Accreditation Commission), 2 members of the Parliament of Georgia selected in accordance with the procedure established by the Rules of Procedure of the Parliament of Georgia, a representative of the Ministry of Economy and Sustainable Development of Georgia, a representative of the Ministry of Education, Science and Youth of Georgia, a representative of the Ministry of Culture of Georgia and the Head of the Administration of the Government of Georgia.

6. The Accreditation Commission shall be entitled, on its own initiative or on the basis of a substantiated motion of the parties, at any stage of the consideration of the case for decision, to invite an independent expert with or without the right to vote.

7. Within 1 month from the receipt of an application for participation in the accreditation competition, the Accreditation Commission shall verify the candidate's compliance with the accreditation requirements established by Article 64 of this Law. The Accreditation Commission shall be entitled, on the basis of a substantiated decision, to additionally request the submission of such a document or information as is necessary to assess the extent to which the candidate meets the accreditation requirements established by this Law.

8. After the expiry of the period provided for by paragraph 7 of this Article, the Accreditation Commission shall decide by majority vote on the granting of accreditation or on refusal to grant accreditation.

9. The Accreditation Commission shall have a secretariat, the composition of which shall be determined by the Chairman of "Sakpatenti" from among the employees of "Sakpatenti".

10. The organizational and technical support of the activities of the Accreditation Commission shall be provided by the secretariat of the Accreditation Commission.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Law of Georgia of 30 November 2023 No. 3878 – website, 15.12.2023.

Law of Georgia of 12 December 2024 No. 106 – website, 28.12.2024.

Article 66. Functions, rights and obligations of an organization managing property rights on a collective basis🔗

1. An organization managing property rights on a collective basis, on behalf of right holders and on the basis of the authority granted to it by them or of this Law:

a) conducts negotiations with users on the amount of royalty and the terms of use of a work and/or another object protected by this Law;

b) issues licenses to users for the use of a work and/or another object protected by this Law within the scope of its mandate to manage rights;

c) collects royalties on the basis of licenses issued in accordance with subparagraph „b“ of this paragraph or the use of the rights managed by it;

d) distributes and pays the collected royalties to right holders in a timely manner, taking into account the principle of equality, as well as in proportion to the actual use of the relevant work and/or another object protected by this Law;

e) represents in court and administrative bodies the interests of the right holders whose rights it manages, and also performs all legal actions necessary to protect and enforce the rights of the right holders;

f) in accordance with the authority granted to it by the right holders, carries out any other activity permitted by the charter of the organization managing property rights on a collective basis and by the legislation of Georgia;

g) represents non-member right holders of the organization managing property rights on a collective basis and collects royalties intended for them (including in the case of reproduction, public performance and/or public communication of a musical work with or without text) in accordance with the procedure established by this Law.

2. An organization managing property rights on a collective basis has the right to require users, and users are obliged to provide, a program, information, document or source that provides accurate information about the use of a work and/or another object protected by this Law and is necessary for calculating, collecting and distributing royalties. This organization, in turn, is obliged to maintain the confidentiality of the information provided to it.

3. An organization managing property rights on a collective basis is entitled to offer a user free of charge the relevant software necessary for calculating, collecting and distributing royalties. In this case, the user is obliged to use this software, and the organization managing property rights on a collective basis is obliged to create free of charge the appropriate conditions necessary for the proper functioning of the software.

4. An organization managing property rights on a collective basis shall carry out its activities in accordance with the interests of the right holders whom it represents.

5. All works and/or other objects protected by this Law that are publicly performed, broadcast, transmitted by cable or otherwise made available to the public, and also included in a broadcast, phonogram and videogram, shall be included in the repertoire of the organization managing the relevant economic rights on a collective basis. In this case, the burden of proof shall be borne by the user. The provisions of this paragraph shall not apply to cinematographic works and other works expressed by means analogous to cinematography.

6. For the purpose of ensuring the legal protection of works and other objects protected by this Law represented by the organization managing economic rights on a collective basis, as well as of right holders, which is related to use without permission or non-payment of royalties, it is sufficient to identify a small part of the work and the use of a detailed list is not required.

7. If a work and/or another object protected by this Law is publicly performed, liability for the lawful use of the work and/or another object protected by this Law shall be determined by a written contract concluded between the user, the organizer of the public performance and the person who owns, by right of ownership or use, the place or building (square, stage, hall, etc.) where the public performance is carried out. In the absence of such a contract, the persons defined by this paragraph shall be jointly and severally liable.

8. The organization managing economic rights on a collective basis shall have the right, within the scope of the authority granted to it by the right holders (except for the cases defined by Chapter III of this Law), to grant an ordinary license to cultural heritage management institutions (libraries, educational institutions, museums, archives and/or publicly accessible institutions existing in the field of cinematographic and audio heritage, as well as similar type institutions of public interest) for the reproduction, distribution, public performance and public communication, as well as making available to the public, for non-commercial use, of a work and/or other object protected by this Law assigned to its repertoire and intended for non-commercial use, if:

a) the organization managing economic rights on a collective basis, on the basis of the authority granted to it, duly represents the right holders in relation to the relevant work and/or other object protected by this Law and other objects provided for by the license;

b) there shall be equal treatment of the right holders, which is related to the terms of the license.

9. Every right holder shall have the right at any time to withdraw their own work and/or other subject matter protected by this Law from the licensing mechanism provided for by paragraph 8 of this Article and/or from the statement of exception and limitation, which is related to the use, for non-commercial purposes, by cultural heritage institutions of a work and/or other subject matter protected by this Law contained in the repertoire of an organization managing property rights on a collective basis. The said right shall extend to full withdrawal from the licensing mechanism and/or the statement of exception and limitation, as well as to each individual case, including after the signing of a licence or the commencement, in accordance therewith, of the use of the work and/or other subject matter protected by this Law.

10. An organization managing property rights on a collective basis shall promote the development of the field of copyright and related rights and raise public awareness about the matters falling within its field of activity.

11. An organization managing property rights on a collective basis shall be obliged to ensure the submission to "Sakpatenti" of the reciprocal representation contracts provided for by paragraph 2 of Article 64 of this Law.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66¹. Targeted Deductions🔗

1. The maximum amount of the rights management fee shall not exceed 20 percent of the royalties collected by an organization managing economic rights on a collective basis. An organization managing economic rights on a collective basis shall be obliged to distribute to right holders any amount beyond the justified and documented expenses incurred for the management of rights, except for the amount provided for by paragraph 2 of this Article, even if the expenses incurred for the management of rights are less than 20 percent of the collected royalties.

2. Part of the royalties collected by an organization managing economic rights on a collective basis may also be used for the activities of those funds of this organization whose purpose is to ensure support for the creative and social needs of the holders of copyright and related rights in whose interests this organization acts. The targeted deductions defined by this Article shall be applied in accordance with the procedure established by the charter of the organization managing economic rights on a collective basis.

3. An organization managing economic rights on a collective basis shall be obliged to provide the right holder with information on the rights management fee and other targeted deductions from the royalties collected before obtaining from the right holder authorization to manage the right.

4. The rights management fee and other targeted deductions shall correspond to the services provided by the organization managing economic rights on a collective basis to right holders, including, where possible, the service referred to in paragraph 5 of this Article, on the basis of objective criteria.

5. Targeted deductions by an organization managing economic rights on a collective basis for social, cultural or educational activities shall be applied in accordance with the procedure provided for by the charter of the respective organization.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 66². Rules for the Collection and Distribution of Royalties🔗

1. The organization managing economic rights on a collective basis shall regularly, diligently and with maximum accuracy distribute the total income received from its activities to the right holders whose rights it manages.

2. The organization managing economic rights on a collective basis shall have separate accounts:

a) for royalties related to the management of rights;

b) for income arising from the management of its own property or from other activities permitted by law;

c) for royalties that could not be distributed to right holders due to the impossibility of their identification and/or the impossibility of tracing them.

3. The main principles and rules for the distribution of royalties shall be determined by the charter of the organization managing economic rights on a collective basis in such a way as to ensure the proportional, non-discriminatory, adequate and fair distribution of royalties, and also so that no possibility remains for the exercise of the said right contrary to the established rule.

4. The organization managing economic rights on a collective basis shall pay the collected royalties to the right holders no later than 9 months after the end of the financial year in which the royalties were collected, except in cases where there is an objective reason related specifically to the reporting of users, rights, or the identification of right holders, it is necessary for the organization managing economic rights on a collective basis to clarify with the right holders information about the work and/or other object protected by this Law, or there is another objective circumstance due to which compliance with the established period is not possible.

5. If, due to the impossibility of identifying the right holders or the impossibility of tracing them, payment of royalties to the right holders cannot be made within the period established by paragraph 4 of this Article, no exception to this period shall apply and the collected amounts shall be kept in a separate account of the organization managing economic rights on a collective basis.

6. The organization managing economic rights on a collective basis shall take all necessary measures for the identification and tracing of right holders. In particular, no later than 3 months after the expiry of the period established by paragraph 4 of this Article, this organization shall make available through its website information about the work and/or other object protected by this Law for which one or more right holders are not identified.

7. The information determined by paragraph 6 of this Article shall, where possible, contain the following information:

a) the name (title) of the work and/or other object protected by this Law;

b) the name or title of the right holder;

c) the name of the relevant publisher or producer;

d) about the category of users, in particular, in which category the use of this work and/or other object protected by law occurred;

e) any other information that may facilitate the identification or tracing of the right holder.

8. Along with carrying out the actions defined by paragraph 6 of this Article, the organization managing economic rights on a collective basis shall also verify other available records provided for by paragraph 2 of Article 66 of this Law.

9. A royalty that could not be distributed within 3 years after the end of the financial year in which it was collected shall be assigned the status of undistributed royalty.

10. The organization managing economic rights on a collective basis shall distribute in full to right holders the income received from the management of rights, except for the exceptional cases established by this Law.

11. The head of the organization managing economic rights on a collective basis shall be obliged to notify the members at the general meeting of members of the organization managing economic rights on a collective basis about the undistributed royalty, including its amount and origin. The general meeting of members of the organization managing economic rights on a collective basis, in accordance with subparagraph “b” of paragraph 4 of Article 66¹³ of this Law, shall adopt a decision on the use of the undistributed royalty, without prejudice to the right of right holders to claim remuneration of these amounts. The organization managing economic rights on a collective basis shall be entitled to adopt a decision on the use of the undistributed royalty in each specific case, based on the needs of this organization; also, by a decision of the general meeting of members of the same organization, a general rule for the disposal of the undistributed royalty may be established.

12. The organization managing economic rights on a collective basis shall be entitled, on the basis of a decision adopted by the majority of the members present at the general meeting of members of this organization, to transfer amounts from the undistributed royalty to funds created by the same organization for specific purposes. Information on the amounts transferred to these funds shall be transparent and shall be published annually on the website of the organization managing economic rights on a collective basis.

13. The organization managing economic rights on a collective basis shall be obliged to distribute and pay the royalty after deduction of the amounts provided for by paragraph 10 of this Article, in proportion to the actual use of the work and/or other subject matter protected by this Law.

14. The organization managing economic rights on a collective basis shall be obliged, together with the payment of the royalty, to submit to right holders reports that shall contain information on the use of their rights.

15. An organization managing economic rights on a collective basis is entitled to dispose of the royalty that has not been distributed/claimed within 3 years. This period shall be counted from the end of the financial year in which this royalty was collected. The said royalty may be added to the amount of royalty to be distributed to right holders or used in such a way as to benefit the right holders, including by transferring it to the funds defined by paragraph 12 of this Article. The decision on the choice of the appropriate form of disposal of the royalty shall be taken by the general meeting of the members of the organization managing economic rights on a collective basis by a majority of the members present.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 66³. Payments arising from a reciprocal representation contract🔗

An organization managing economic rights on a collective basis shall distribute and pay royalty to analogous organizations of a foreign country no later than 9 months after the end of the financial year in which the royalty was collected, except in cases where there is an objective reason related to the reporting of users, the identification of rights, of right holders, it is necessary for the organization managing economic rights on a collective basis to clarify with the right holders the information about the work and/or other subject matter protected by this Law, or there exists another objective circumstance due to which the established period cannot be observed.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 66⁴. Guarantees of the right holder in relation to an organization managing economic rights on a collective basis🔗

1. The right holder is entitled to transfer to an organization managing economic rights on a collective basis, for management, the right holder’s own right or a specific category of rights. The said organization, in turn, shall be obliged to manage the right transferred to it, a specific category of rights, or a type of work and/or other object protected by this Law, if it/they correspond to the scope of its activities, except when this organization refuses to manage the right on the basis of an objectively justified reason. The grounds for refusal by an organization managing economic rights on a collective basis to manage a right in accordance with this Article shall be determined by the charter of the same organization.

2. An organization managing economic rights on a collective basis is entitled to grant, for any right, specific category of rights, type of desired work and/or other object protected by this Law, a license for non-commercial use, if the prior consent of the holder of the respective right exists.

3. The right holder is entitled to terminate the contract concluded in connection with the transfer of rights for management in accordance with paragraph 1 of this Article, in full or to the extent desired by the right holder; as well as the right holder (including a right holder who is not a member of the organization managing economic rights on a collective basis) is entitled to request from the organization managing economic rights on a collective basis any right, specific category of rights or groups of categories of rights related to the type of desired work and/or other object protected by this Law (except for the rights provided for by Article 15(2), Article 18(7) (in the case of cable retransmission of a work), Article 20(3), Article 21(3), Article 34(2), Article 51(3) and Article 52(2) of this Law), within not less than 6 months from sending a written notification to the organization managing economic rights on a collective basis on the above. The organization managing economic rights on a collective basis is entitled to determine that termination of the contract provided for by this paragraph or withdrawal from the contract or request for any right, specific category of rights or groups of categories of rights shall enter into force after the end of the current calendar year. A request by the right holder for termination of the management of the authority transferred in accordance with paragraph 1 of this Article shall be submitted to the said organization 6 months before the beginning of the next calendar year.

4. The right holder retains the right to claim the royalty that the organization managing economic rights on a collective basis collected on behalf of the right holder before the termination of the issued permit or license or before making such a claim.

5. When the right holder exercises the powers provided for by paragraphs 3 and 4 of this Article, an organization managing property rights on a collective basis shall not be entitled to restrict the right holder's right to transfer his/her own property rights for management to an analogous organization of a foreign country.

6. An organization managing property rights on a collective basis shall, before obtaining authorization from the right holder to manage the property rights, provide him/her with information about his/her rights, including the rights provided for by paragraphs 1–5 of this Article.

7. It shall be inadmissible for an organization managing property rights on a collective basis to refuse to manage property rights, except in the cases provided for by this Law.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 66⁵. Rights and obligations of the user, licensing🔗

1. An organisation managing economic rights on a collective basis and a user shall be obliged to conduct negotiations in good faith in the process of granting a licence for economic rights. They shall be obliged to provide each other with all information necessary for concluding a licence contract.

2. The licensing conditions shall be based on objective and non-discriminatory criteria. In the licensing process, an organisation managing economic rights on a collective basis shall not be required to present the licence conditions agreed with another user in respect of economic rights as a precedent.

3. An organisation managing economic rights on a collective basis shall be obliged to consider, within a reasonable time, an application of a user relating to the receipt of a licence for economic rights and, for that purpose, to require from the user all information necessary for licensing. After receipt of this information, a written notification shall be sent to the user on consent to or refusal of the grant of a licence for economic rights. A notification on refusal of the grant of a licence for economic rights shall contain a reasoned explanation indicating the relevant ground.

4. An organisation managing economic rights on a collective basis shall be obliged to give the user the possibility of communication by electronic means, including when submitting a licensing report.

5. The user shall be obliged to keep documentation reflecting information on the use of a work and/or another object protected by this Law, except where, in accordance with an agreement with the organisation managing economic rights on a collective basis, the said is not necessary for the calculation and distribution of royalties.

6. The user shall be obliged to provide to the organisation managing economic rights on a collective basis, within the agreed or pre-determined time limit and format, information on the use of the rights under the management of this organisation which is necessary for the collection and distribution of royalties. The organisation managing economic rights on a collective basis, for its part, shall be obliged not to disclose the confidential information provided to it. When taking a decision on the format of the provision of such information, the organisation managing economic rights on a collective basis and the user shall take into account the standards in force in the relevant field.

7. Equal licensing conditions shall exist for users of one category. An organisation managing economic rights on a collective basis shall not have the right, without sufficient ground, to refuse to grant a licence for economic rights.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66⁶. Setting of tariffs🔗

1. When exercising the rights defined by this Law, the right holder shall receive remuneration corresponding to the use of his work and/or other subject matter protected by this Law.

2. The organization managing property rights on a collective basis shall collect remuneration in the amount agreed with the persons defined by paragraph 4 of Article 21 of this Law, without issuing a licence, in the cases provided for by the same paragraph and by paragraph 3 of Article 51 of this Law.

3. The organization managing property rights on a collective basis shall be obliged to provide the user with complete information on the criteria for setting tariffs. The tariff shall correspond to the economic value of the rights existing in civil circulation.

4. The organization managing property rights on a collective basis shall be obliged to publish the tariff plans through its website and to request "Sakpatenti" to publish them on its own website. In the case of publication of the tariff plans on the website of the organization managing property rights on a collective basis, "Sakpatenti" shall publish on its own website a notice on the electronic accessibility of the tariffs.

5. If the organization managing property rights on a collective basis and the user fail to agree, the amount of the remuneration, the rules for its calculation and payment shall be determined, on the basis of an application by one of the parties or by the parties, by a commission created by order of the Chairman of "Sakpatenti" in accordance with the procedure established by paragraph 7 of Article 18 of this Law, and the corresponding remuneration shall be paid in accordance with the procedure defined by paragraphs 7 and 7¹ of the same Article. The tariff set by this commission shall correspond to the economic value of the rights existing in civil circulation.

6. The organization managing property rights on a collective basis shall be obliged to submit the tariffs set in accordance with this Article to "Sakpatenti" for publication in the official bulletin immediately upon approval.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 66⁷. Information provided to right holders on the management of their rights🔗

An organization managing economic rights on a collective basis shall be obliged, at least once a year, to make available to every right holder to whom it has paid income received from the management of rights or for whom it made payments in the period to which the information relates, the following information:

a) any contact information to which it has access rights and which may be used to identify the right holder and determine his/her location;

b) the amount of royalties receivable by right holders;

c) the amount of sums paid by it to right holders according to the category of rights and type of use;

d) the period during which the use of the work and/or other subject matter protected by this Law was carried out, for which the organization managing economic rights on a collective basis collected and paid amounts to right holders, except where the failure by users to fulfil obligations relating to reporting prevents it from providing this information to right holders;

e) deductions made as a rights management fee;

f) deductions made for any purpose, subject to the provision of social, cultural or educational services in accordance with Georgian legislation, except for the rights management fee;

g) any income received from the management of rights belonging to the right holder and which, regardless of the collection period, is unpaid.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66⁸. Information provided to a collective management organization of other economic rights on the management of rights provided for by reciprocal representation contracts🔗

A collective management organization of economic rights shall, at least once a year, by electronic means, make available to organizations collectively managing individual rights and categories of rights under its management by a reciprocal representation contract, the following related to the relevant period:

a) accurate information on the royalties paid by the collective management organization of economic rights, as well as on the royalties paid according to the rights and the type of use of the rights, and on any undistributed income according to the collection period;

b) information on deductions made in the form of a rights management fee;

c) information on granted licences, as well as information on users who were refused the grant of a licence;

d) information on resolutions related to the management of rights provided for by representation contracts, adopted by the general meeting of members of the collective management organization of economic rights.

Law of Georgia No. 3450 of 3 July 2023 – website, 25.07.2023.

Article 66⁹. Provision of information upon the request of a party to a reciprocal representation contract, a right holder or a user🔗

On the basis of a duly substantiated request of a party to a reciprocal representation contract, a right holder or a user, the collective management organization of economic rights shall, by means of electronic communication, immediately provide that person with at least:

a) information on the work and/or other subject matter protected by this Law transferred for management directly or under reciprocal representation contracts, as well as on the rights within the coverage territory;

b) where, arising from the field of activity of the collective management organization of economic rights, it is impossible to identify such work and/or other subject matter protected by this Law, information on the right managed by it, within the coverage territory.

Law of Georgia No. 3450 of 3 July 2023 – website, 25.07.2023.

Article 66¹⁰. Public Availability of Information🔗

1. A collective management organization of economic rights shall make publicly available on its own website at least the following information:

a) the charter of the organization;

b) the rules regulating membership of the organization and the termination of the authorization issued for the management of rights, if this is not provided for by the charter of the organization;

c) the standards of the license agreement and the effective tariffs (including discounts);

d) the list of the governing persons of the collective management organization of economic rights established by this Law;

e) the general rules for the distribution of royalties to right holders;

f) on the rights management fee;

g) the policy on making other deductions, except for the management fee, including from collected royalties, as well as deductions for the purposes of social, cultural and educational services;

h) information on the reciprocal representation agreements concluded by it and the names of the organizations with which the said agreements have been concluded, and information about them;

i) the general policy on the use of undistributed royalties;

j) the procedures for the consideration of complaints and dispute resolution, which are specified in Article 66¹⁴ of this Law.

2. A collective management organization of economic rights shall, after publishing the information provided for by paragraph 1 of this Article on its website, ensure the constant updating of this information. In the event of changes being made to this information, it shall immediately ensure the accessibility of the updated information to the public.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66¹¹. Annual transparency report🔗

1. A collective management organization shall, after the end of each financial year, but no later than within 8 months after the end of the financial year, prepare and make publicly available on its website an annual transparency report. This report shall be available to any interested person for 5 years from its publication.

2. The annual transparency report shall contain at least the following information:

a) financial statements, which include a balance sheet or a statement of assets and liabilities, an annual report on income and expenses for the financial year, and a cash flow statement;

b) about active licenses (including new licenses granted during the reporting calendar year, broken down by category of right or rights) and about refusal to grant a license;

c) a description of the legal structure and governance structure of the collective management organization;

d) about any legal entity that is directly or indirectly owned or controlled, wholly or partially, by the collective management organization;

e) about the total amount of remuneration paid to the chairperson of the organization, the board, the members of the council of authors and performers and of other commissions and councils, and leading persons, and other benefits granted to them;

f) financial information on collected royalties, by category of rights under management and type of use (for example, broadcasting, online performance, public performance), including information on income received as a result of investment of royalties and on the purpose of use of such income (regardless of whether it was distributed among the right holders, transferred to another collective management organization, or used for another purpose);

g) financial information on the management fee and other services provided to right holders by the collective management organization. This information shall describe in detail at least the following matters:

g.a) all management and financial expenses incurred, which shall be presented by category of rights and rights under management. Any indirect expense that is not attributable to one or several categories of rights shall include a description of the method of allocation of these expenses;

g.b) any financial expenses, including expenses incurred for social, cultural and educational services;

h) information on collected royalties (with an indication of their detailed description), which shall cover at least the following matters:

h.a) the total amount collected for right holders, by category of right and type of use;

h.b) the total royalties paid to right holders, by category of right and type of use;

h.c) the frequency of payments, by category of right and type of use;

h.d) information on the total amount collected that has not yet been distributed to right holders, by category of right and type of use, and indicating the financial year in which these amounts were collected;

h.e) information on the total amount collected that has not yet been distributed to identified right holders, by category of right and type of use, and indicating the financial year in which these amounts were collected;

h.f) in the case of failure by a collective management organisation of economic rights to distribute and make payments over the last 2 years − the reasons for its delay;

h.g) information on the total undistributed amounts and, where these amounts have been used, an explanation of the purpose for which these amounts were used;

h.h) in the case of delay by a collective management organisation of economic rights in making payments − information on the interest accrued on the amounts held in special accounts and on the distribution of that interest;

i) information on relations with other similar organisations, which shall contain at least the following information:

i.a) amounts received from and paid to other similar organisations, by category of right, type of use and organisation;

i.b) the rights management fee from royalties collected for other similar organisations, by rights and category of rights, type of use and organisation;

i.c) the rights management fee from royalties collected and transferred by another collective management organisation of economic rights, by rights and category of rights, type of use and organisation (if any);

j) detailed information on the use of amounts deducted for the purposes of social, cultural and educational services, which shall contain information on the amount of amounts deducted for the purposes of social, cultural and educational services during the financial year and on the type of purpose of each.

3. The information contained in the annual transparency report shall be verified once every 2 years by one of the audit firms from among those audit firms that have been granted the authority to audit an entity of public interest. The audit report, including any assessment, shall be fully reflected in the annual transparency report.

4. The transparency criteria provided for by this Article shall apply to funds created for a specific purpose by a collective management organisation of economic rights.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 66¹². Rules of membership of an organization managing property rights on a collective basis🔗

1. An organization managing property rights on a collective basis shall be obliged to admit a right holder (including a legal entity) as a member if it meets the membership requirements defined by the charter of this organization. In the event of refusal to admit the right holder as a member of the said organization, this organization shall be obliged to substantiate in writing the reason for the refusal.

2. An organization managing property rights on a collective basis shall be obliged to consider the right holder's application for admission as a member of this organization within 1 month from its receipt.

3. The rules of membership of an organization managing property rights on a collective basis shall be based on objective, transparent and non-discriminatory criteria. The membership criteria of this organization may be regulated by the charter of the same organization, and it is also possible to establish special rules for admission as a member of the organization, which, in turn, shall be publicly accessible to the public.

4. The charter of an organization managing property rights on a collective basis shall provide for effective and efficient mechanisms to ensure equal participation of the members of this organization in the decision-making process related to the activities of the organization. The involvement of representatives of members of different categories of rights in the decision-making process related to the activities of the said organization shall be fair and balanced.

5. An organization managing property rights on a collective basis shall be obliged to give the members of the organization the right and opportunity to communicate with it electronically, including that the submission of an application for membership shall be ensured both in material and electronic form, as well as the exercise of other powers of a member.

6. An organization managing property rights on a collective basis shall be obliged to maintain and regularly update the register of its members.

7. In the event of a member's withdrawal from an organization managing property rights on a collective basis, the organization managing property rights on a collective basis shall be obliged to make a final settlement with the member who has left the organization no later than 3 months after his/her withdrawal from the organization. The said organization is entitled to establish that the withdrawal from the contract enter into force after the end of the financial year.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 66¹³. General Meeting of Members of an Organization Managing Property Rights on a Collective Basis🔗

1. The general meeting of members of an organization managing property rights on a collective basis (hereinafter – the general meeting) shall be convened at least once a year.

2. The general meeting shall decide on introducing amendments and additions to the charter of the organization managing property rights on a collective basis (including on matters relating to the basic principles and rules of royalty distribution), as well as on the rules related to membership in the organization managing property rights on a collective basis.

3. The general meeting shall decide on the appointment and dismissal of members of the board and supervisory board of the organization managing property rights on a collective basis, shall review the report on their activities, shall approve the rules related to their remuneration and incentives, such as the issuance of monetary and non-monetary benefits and pension supplements, as well as other rules related to remuneration.

4. The general meeting shall decide on the following matters:

a) general rules and policy for distribution of collected royalties;

b) general rules and policy for disposal of undistributed royalties;

c) use of undistributed royalties;

d) making targeted deductions from collected royalties;

e) risk management policy;

f) acquisition, alienation or encumbrance with rights of immovable property;

g) matters related to reorganization and liquidation, establishment of a legal entity and acquisition of shares and/or interests in another legal entity;

h) taking a loan, granting a loan, suretyship or application of loan security measures.

5. The general meeting shall control the activities of the organization managing property rights on a collective basis by at least appointing and dismissing an auditor, and shall also approve the annual transparency report of this organization.

6. At least 10 percent of the total number of members of the organization managing property rights on a collective basis may, for the purpose of preparing a qualified opinion on any matter related to the management of the organization, invite a specialist in the field.

7. All members of the organization managing property rights on a collective basis shall have the right to participate in the general meeting and to exercise the right to vote. The said organization shall be obliged to ensure that a member of the organization participates in the general meeting remotely, which must be determined by the charter of this organization.

8. A member of the organization managing property rights on a collective basis may exercise the right to participate in the general meeting and to vote both in person and through a representative. This representative may be any natural person or legal entity, provided that such representation does not give rise to a conflict of interest. A conflict of interest also exists if, in the said organization, the right holder and the representative have the status of right holders of different categories of rights.

9. Representative authority shall be granted only for the purpose of participating in a specific general meeting. A representative participating in a general meeting enjoys rights and obligations analogous to those of the holder of the right.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66¹⁴. Supervisory Board of an Organization Managing Economic Rights on a Collective Basis🔗

1. For the purpose of controlling the exercise, by an organization managing economic rights on a collective basis, of the powers provided for by this Law and by the charter of this organization, a Supervisory Board shall be established.

2. Members of the organization holding different categories of rights shall be represented fairly on the Supervisory Board.

3. Members of the Supervisory Board shall be elected by the General Meeting for a term of 5 years. Persons whose professional experience enables them to perform effective supervisory functions may be elected to the Supervisory Board, regardless of whether or not they are members of the organization managing economic rights on a collective basis.

4. The Supervisory Board shall be accountable to the General Meeting. The Supervisory Board shall submit to the General Meeting a report on its activities at least once a year. Members of the Supervisory Board shall be obliged to submit to the General Meeting information on an existing or potential conflict of interest that may in the future impede the exercise by the members of the Supervisory Board of their powers.

5. Members of an organization managing economic rights on a collective basis, as well as an organization managing economic rights on a collective basis whose rights are managed by the said organization on the basis of a reciprocal representation agreement, shall have the right, for the purpose of involvement, assistance and/or dispute resolution by the Supervisory Board, to apply in relation to such matters as concern the accreditation of the organization managing economic rights on a collective basis, termination of a contract or withdrawal of rights, membership conditions, as well as the collection, distribution and/or targeted deduction of royalties.

6. Non-member persons of an organization managing economic rights on a collective basis whose rights or categories of rights are managed by the said organization may enjoy the right provided for by paragraph 5 of this Article when the matter under consideration concerns the collection, distribution and/or targeted deduction of royalties.

7. An organization managing economic rights on a collective basis shall be obliged to respond in writing to all complaints or requests submitted on the basis of paragraphs 5 and 6 of this Article. The refusal of this organization to satisfy a request shall be reasoned.

8. The Supervisory Board shall consider an application submitted on the basis of paragraph 5 of this Article immediately.

9. The Supervisory Board shall be obliged to resolve a dispute provided for by paragraph 5 of this Article taking into account the best interests of the parties and to act fairly and impartially. Each party participating in the dispute resolution process shall be obliged to act in good faith.

10. In the process of dispute resolution, the Supervisory Board has the right to demand explanations from the members of the Management Board and any employee. The Supervisory Board shall examine the annual report and accounting documents before making a decision.

11. A dispute arising in accordance with paragraph 5 of this article shall be terminated if:

a) the parties have signed a settlement agreement;

b) any party sends a notice to the Supervisory Board at any time after it, in accordance with paragraph 7 of this article, receives a notice from the Supervisory Board that the party no longer wishes to continue the dispute;

c) in the assessment of the Supervisory Board, the matter cannot be resolved within the framework of the dispute arising on the basis of paragraph 5 of this article, about which the parties are sent a reasoned written notice;

d) the initial and additional time limits established for the proceedings have expired, about which the parties are sent a written notice.

12. Consideration of a dispute in accordance with paragraph 5 of this article does not deprive a party of the right to apply to a court.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66¹⁵. Obligations of the governing persons of an organisation managing economic rights on a collective basis🔗

1. The governing persons of an organisation managing economic rights on a collective basis shall manage the organisation lawfully and in good faith, in a proper manner, act in accordance with the true interests of the organisation, using transparent administrative and financial procedures and internal control mechanisms.

2. An organisation managing economic rights on a collective basis shall have appropriate mechanisms to exclude existing or potential conflicts of interest of the governing persons of the organisation managing economic rights on a collective basis. In the event of a conflict of interest arising, the organisation managing economic rights on a collective basis shall ensure its identification, management, control and elimination in such a manner as to avoid its negative impact on the interests of the members of this organisation.

3. The governing persons of an organisation managing economic rights on a collective basis shall submit individual reports to the general assembly at least once a year, which shall contain the following information:

a) on any interest existing in relation to the organisation managing economic rights on a collective basis;

b) on any remuneration received from the organisation managing economic rights on a collective basis during the previous financial year, including a pension supplement, as well as any benefit received directly or indirectly;

c) on the royalties received from the organisation managing economic rights on a collective basis during the previous financial year, which they received as right holders;

d) on any existing or possible conflict of interest between the interests of a governing person of the organisation managing economic rights on a collective basis and the interests of the organisation managing economic rights on a collective basis, or between the obligations undertaken towards the organisation managing economic rights on a collective basis and the obligations undertaken towards any other natural person or legal entity.

4. The chairperson of an organisation managing economic rights on a collective basis shall be elected by the general assembly for a term of 5 years. The same person may be elected as chairperson of an organisation managing economic rights on a collective basis only twice consecutively.

5. The charter of an organisation managing economic rights on a collective basis shall contain information on the person performing the duties of the chairperson in the event of the absence of the chairperson of the organisation managing economic rights on a collective basis or his/her otherwise non-performance of his/her rights and duties.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66¹⁶. Control of the activity of an organization managing economic rights on a collective basis🔗

1. Sakpatenti shall exercise control over the activity carried out by an organization managing economic rights on a collective basis in the field of collective management of the economic rights of right holders, as well as over the fulfilment by them, in the field of copyright and related rights, of the requirements and obligations established by the legislation of Georgia, including by this Law, and of the decisions adopted by Sakpatenti.

2. Sakpatenti shall be entitled, for the purpose of verifying the compliance of the activity of an organization managing economic rights on a collective basis with the requirements established by this Law, to request from the said organization at any time a report on its activity, which may contain any information related to the management of economic rights, including on the amount and principle of distribution of royalties distributed by this organization, the amount of funds withheld for the management of rights, and the general financial condition of the organization.

3. For the purpose of verifying the compliance of the activity of an organization managing economic rights on a collective basis with this Law, Sakpatenti shall be entitled to conduct an investigation both on its own initiative and on the basis of an application by an interested person.

4. A report shall be drawn up based on the results of the investigation provided for by paragraph 3 of this Article. If Sakpatenti finds that the activity of an organization managing economic rights on a collective basis fails to comply with the requirements established by this Law, depending on the gravity thereof, Sakpatenti shall be entitled to develop a recommendation and to set a reasonable period for eliminating the non-compliance, but not exceeding 3 months. Sakpatenti's decision shall be sent to the organization managing economic rights on a collective basis within 7 days and shall be published on the website of this organization and on Sakpatenti's website.

5. If, during the conduct of an investigation by Sakpatenti, signs of a crime are detected, the relevant materials shall be immediately sent to the law enforcement bodies.

6. Sakpatenti shall be entitled, based on the results of the investigation, to invite the management persons of the organization managing economic rights on a collective basis to an oral hearing.

7. If, during the conduct of an investigation by Sakpatenti, a fact of violation by the management persons of the organization managing economic rights on a collective basis of the obligations provided for by Article 66¹⁵ of this Law is revealed, Sakpatenti shall be entitled to require the organization managing economic rights on a collective basis to convene a general meeting within 1 month, at which the issue of liability of the management persons of this organization shall be considered.

8. Sakpatenti shall be entitled to adopt a decision on the suspension or termination of the powers of the management persons of the organization managing economic rights on a collective basis if there are facts of violation by these management persons of the obligations provided for by Article 66¹⁵ of this Law.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66¹⁷. Conducting an investigation by an independent auditor, results of consideration of the investigation report🔗

1. Sakpatenti is authorized, on the basis of a reasoned decision, to entrust the conduct of the investigation provided for by paragraph 2 of Article 66¹⁶ of this Law to one of the audit firms from among those audit firms that have been granted the authority to audit a public interest entity. In the event of establishing a violation, the organization managing economic rights on a collective basis shall bear the entire cost of the audit, which must be paid from the expenses incurred for its management.

2. The organization managing economic rights on a collective basis shall, during the investigation, cooperate with the auditor, without obstruction, and immediately provide any information that the auditor considers necessary. In the event of refusal by this organization to cooperate or creation of an obstacle, the auditor shall immediately notify Sakpatenti thereof, which may become grounds for termination of accreditation of the organization managing economic rights on a collective basis, in accordance with the procedure established by this Law.

3. The report on the investigation conducted by the auditor shall be sent to Sakpatenti.

4. On the basis of the auditor's investigation report, Sakpatenti shall apply the measures defined by Article 66¹⁶ of this Law.

Law of Georgia of 3 July 2023 No. 3450 – website, 25 July 2023.

Article 66¹⁸. Termination of Accreditation🔗

1. Notwithstanding the adoption of the measures provided for by Article 66¹⁷ of this Law, if the organization managing economic rights on a collective basis fails to ensure proper performance of the obligations assigned to it, Sakpatenti adopts a decision on termination of accreditation.

2. Sakpatenti shall substantiate in the decision on termination of accreditation the necessity of adopting this decision.

3. Termination of accreditation means declaration of the decision on granting accreditation as invalid in accordance with the General Administrative Code of Georgia.

4. If, in the case provided for by paragraph 1 of this Article, Sakpatenti considers that termination of accreditation may cause more harm to right holders than continuation of accreditation, it adopts a reasoned decision on granting the organization managing economic rights on a collective basis the right to continue its activities subject to compliance with the conditions established by it. In such case, the said organization shall continue performing the obligations assigned to it by this Law until Sakpatenti grants new accreditation.

5. The accreditation of the organization managing economic rights on a collective basis shall also be terminated early in the event of failure to submit, within the period determined by paragraph 4 of Article 64 of this Law, reciprocal representation agreements or incomplete submission of these agreements.

6. If there is a ground provided for by this Law, Sakpatenti is entitled to terminate the accreditation of the organization managing economic rights on a collective basis in respect of a specific right, a category of rights or groups of categories of rights.

7. The decision on termination of accreditation of the organization managing economic rights on a collective basis shall be published in the official bulletin of Sakpatenti.

8. The decision on termination of accreditation of the organization managing economic rights on a collective basis shall enter into force one month after its publication in the official bulletin of Sakpatenti.

9. The organization managing economic rights on a collective basis whose authority has been terminated in accordance with this Article shall continue exercising its authority in accordance with the procedure established by paragraph 4 of this Article until the entry into force of the decision adopted on granting new accreditation in the same category of rights.

10. After termination of accreditation of the organization managing economic rights on a collective basis, it shall be inadmissible to perform any action provided for by this Law in the name of the said organization.

11. An organization whose accreditation has been terminated in accordance with the procedure established by this Law shall, within 14 days from official notification of the decision adopted on termination of accreditation, apply to the National Agency of Public Registry and ensure that the organization's company name complies with the requirement established by paragraph 6 of Article 63 of this Law.

12. In the event of non-fulfilment by an organisation of the obligation provided for by paragraph 11 of this Article, "Sakpatenti" is entitled, on its own initiative, to apply to the National Agency of Public Registry with a request to change the organisation's firm name.

Law of Georgia of 3 July 2023 No. 3450 – website, 25.07.2023.

Article 67. Application of the norms of this Law to relations arising earlier🔗

1. This Law applies to relations connected with the creation and use of copyright and related rights objects that arose after the entry into force of this Law.

2. Works in respect of which the 70-year term of copyright protection has not expired before the entry into force of this Law shall be subject to the terms of validity of copyright provided for by Articles 31-32 of this Law.

3. Performances in respect of which 50 years from their first performance have not expired before the entry into force of this Law shall be subject to the term of validity of the performer's right provided for by paragraph 1 of Article 57 of this Law.

4. Phonograms and videograms in respect of which 70 years from their creation, publication or public communication have not expired before the entry into force of this Law, if during the said term they have not been made available to the public by way of publication or public communication, shall be subject to the term of validity of the related right provided for by paragraph 3 of Article 57 of this Law.

5. Broadcasts of a broadcasting organisation in respect of which 70 years from their creation, first publication or public communication have not expired before the entry into force of this Law, if during the said term they have not been made available to the public by way of publication or public communication, shall be subject to the term of validity of the related right provided for by paragraph 4 of Article 57 of this Law.

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Article 67¹. (repealed)🔗

Law of Georgia of 3 June 2005 No. 1585 - LHG I, No. 31, 27.06.2005, Art. 198

Law of Georgia of 26 October 2007 No. 5423 - LHG I, No. 38, 14.11.2007, Art. 365

Article 68. Subordinate normative acts that have become invalid🔗

Upon the entry into force of this Law, all subordinate normative acts that contradict this Law shall be considered invalid.

Article 69. Entry into force of the Law🔗

This Law shall enter into force upon publication.

President of Georgia Eduard Shevardnadze.

Tbilisi,

22 June 1999.

No. 2112-IIs