Copyright and related rights infringement is a serious legal issue in Georgia that can lead to both civil liability and criminal prosecution. When copyright infringement occurs in large amounts or for commercial purposes, the state treats it as an economic crime. This applies to actions such as the illegal use, copying, and distribution of literary, musical, and artistic works, computer software, or databases. In the modern digital age, where information sharing is simplified, many individuals and entities unintentionally break the law without realizing the legal severity of their actions. The initiation of a criminal case threatens a person's reputation, financial status, and freedom. A qualified defense strategy is essential to distinguish a civil dispute from a criminal offense and to protect the rights of the accused.
What does Copyright Infringement Defense service cover?
Lawyers experienced in intellectual property law offer comprehensive defense, which includes:
- Expertise and challenging of damage amount: Criminal liability arises only in cases of "large amount" of damage. The lawyer works with alternative auditors to reduce the calculated damage and shift the case to a civil or administrative context.
- Verification of copyright existence: Checking whether the complainant actually owned the copyright, if the work was in the Public Domain, or if rights were transferred.
- Justification of "Fair Use": Arguing that the use of the work was for educational, scientific, or critical purposes, which does not constitute an infringement.
- Negotiation with the rights holder: Settling the case amicably to terminate criminal prosecution in exchange for compensation for damages.
- Representation in investigative bodies: Defending the client during interrogation and search (e.g., seizure of computer equipment).
Common Situations and Scenarios
Charges of copyright infringement are often related to the following circumstances:
- Unlicensed Software: Mass use of "cracked" software (Windows, Adobe, architectural programs) in company offices for commercial activities.
- Digital Piracy: Administering websites where movies, music, or e-books are illegally hosted to generate revenue from advertisements.
- Plagiarism: Appropriating another's work, article, or design and passing it off as one's own work.
- Public Performance: Playing musical works in cafes, bars, or restaurants without a relevant license and paying royalties.
Georgian Legislation and Legal Framework
The field is regulated by the Law of Georgia on Copyright and Related Rights and the Criminal Code of Georgia. According to the Criminal Code, illegal use, misappropriation, or other infringement of a copyright or related right object is punishable if it caused damage in a large amount. The legislation also protects the rights of database makers. It is important to determine whether the person acted for commercial purposes. The Criminal Procedure Code allows for the use of diversion (termination of the case in exchange for conditions) if the accused is a first-time offender committing a less serious crime and is willing to compensate for the damage.
Service Delivery Process
Cooperation with a lawyer begins with reviewing the case materials. The lawyer analyzes the claim submitted by the copyright association or individual author. Computer-technical or art expertise is appointed. If the crime is evident, the lawyer works on reaching a plea agreement and minimizing the sentence. If the charge is baseless, the strategy is aimed at acquittal.
Why choose a specialist on Legal.ge?
Intellectual property law is a specific and complex field. Lawyers represented on Legal.ge possess deep knowledge in both copyright and criminal proceedings. They have experience dealing with both Sakpatenti and investigative bodies. Protect your business and freedom with qualified legal assistance.
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