The Composition of Infringement of Copyright and Neighbouring Rights
Infringement of copyright and neighbouring rights is established in a separate criminal norm, and it unites three directions: the appropriation of authorship of an object of copyright or coercion to co-authorship; the commission of that act more than once; and, in violation of the law on copyright and neighbouring rights, the reproduction of a work, phonogram, videogram or database, the unauthorized acquisition, import, storage, sale, rental, transfer of copies or other infringement of the right of the holder — with the aim of receiving income in a large amount. The object of the accusation is therefore not abstract copying, but the acts precisely enumerated in the law, and the defence's first task is precisely to verify the correspondence of the charge to this enumeration, including the boundary between the criminal composition and a civil-law dispute.
Punishments According to the Composition
The law distributes the punishments gradually: the appropriation of authorship or coercion to co-authorship is punishable by a fine or corrective labour for a term of up to two years. The same act committed more than once is punishable by house arrest for a term of six months to one year or imprisonment for a term of up to three years. Reproduction in violation of the law or the unauthorized circulation of copies, committed with the aim of receiving income in a large amount, is punishable by a fine or house arrest for a term of one to two years; and the same act, committed with the aim of receiving income in an especially large amount or by a group with prior agreement, is punishable by imprisonment for a term of up to three years. Each frame must be established separately, and confusing them is an error of qualification that the defence is obliged to expose at the earliest stage of the case.
The Thresholds of Large and Especially Large Amounts
The note interprets the thresholds: an act is considered committed with the aim of receiving income in a large amount where the value of the copies of the work, phonogram, videogram or database — or, in the case of lawful use, the income receivable by the holder — exceeds five thousand lari; and especially large, where that value or income exceeds ten thousand lari. These thresholds cannot be treated formally: their calculation requires valuation, and for the defence it is decisive at what moment, by which market and by which method the value is counted — a correctly constructed valuation often changes the category, and with it the entire frame of the article applied to the person.
The Legal Entity and Directions of Defence
The law also determines the liability of a legal entity: for this act a legal entity is punishable by a fine, deprivation of the right to carry out activity, or liquidation together with a fine. In defence practice the emphasis lies on several aspects: the intent of the act and the existence of the aim of income; the correctness of the calculation of the value against the thresholds; the establishment of the holding of the rights and of the object of protection; and the detection of procedural violations in the conduct of the measures. It is also important to show that the work was used within the frame of free use provided for by law. Each of these directions requires knowledge of copyright law and of procedure, and the early involvement of a lawyer shapes the position from the outset.
Frequently Asked Questions About Copyright Cases
What counts as a large and especially large amount?
Large — where the value of the copies or the income receivable upon lawful use exceeds five thousand lari; especially large — where it exceeds ten thousand lari. The category changes the qualification.
What punishment is provided for appropriation of authorship?
A fine or corrective labour for a term of up to two years; when committed more than once — house arrest for a term of six months to one year or imprisonment for a term of up to three years.
When does the strict frame apply?
When the act is committed with the aim of income in an especially large amount or by a group with prior agreement — in such a case imprisonment for a term of up to three years applies.
Does a company bear responsibility?
Yes — by a fine, deprivation of the right to carry out activity, or liquidation together with a fine, which is why documentary control of licences is essential for a business.
How We Help on Legal.ge
The lawyers of Legal.ge handle copyright cases from both sides: we analyse the evidentiary basis of the accusation, verify the calculation of the amounts, prepare challenges and defend the interests of the accused and of the right holder at every instance. Contact us — the earlier we enter the case, the more opportunities remain for building an effective position.