Content Takedowns in Georgia — Notice and Removal
The mechanism for the rapid removal of pirated content on the internet is defined in Georgia by the Georgian Law on Copyright and Neighbouring Rights: its Article 60-1 regulates the 24-hour duty of an intermediary service provider — a hosting provider — while Article 59 determines the content of the notice and the catalogue of the rights holder's demands, and Article 58 enumerates the forms of infringement. In the United States a similar function is performed by the DMCA notice-and-takedown regime; in Georgia the institution works through these three articles of the law.
The 24-Hour Duty — Article 60-1
Under the first paragraph of Article 60-1, an intermediary service provider bears no liability for the infringement of copyright, neighbouring rights or the rights of the maker of a database if, upon receiving a written notice from the rights holder compiled in accordance with paragraph 10 of Article 59, it immediately, or no later than 24 hours after receiving it, deletes the presumed counterfeit copies or restricts access to them — which is immediately communicated to the presumed infringer. Under the second paragraph of the same article, the provider must, within 24 hours of receiving the notice, inform the rights holder in writing about the measures carried out and the decision taken.
The Counter-Notice and Restoration — Article 60-1
The mechanism is balanced by the interests of the author as well: if the presumed infringer considers that the deletion or restriction was carried out unlawfully towards him, he is entitled to demand from the provider, by application, the restoration of the access to the material that existed before the action. The application must indicate the material that was deleted or whose access was restricted, the address of the web page where it was placed, a justification why the material does not infringe the right of the holder named in the notice, and the applicant's name, identification or personal number, factual and legal addresses, telephone and e-mail.
A chain of deadlines then begins: the provider transmits the application to the rights holder within 24 hours of receiving it, while the rights holder must, within 14 days of the delivery of the application, submit to the provider a court ruling securing the claim concerning the deletion of the disputed material or the restriction of its accessibility. If this period passes without the ruling being produced, the provider restores the deleted material or its restricted access, and no liability attaches to the provider. For their part, persons who cause damage through their unlawful actions under this mechanism are liable for it, and the amount of the damage is determined according to the rules established by paragraphs 6 and 7 of Article 59.
The Holder's Demands and the Content of the Notice — Article 59
Article 59 gives the rights holder a full catalogue of demands against the infringer: recognition of the right; restoration of the state existing before the infringement and cessation of the infringing act; confiscation of copies deemed counterfeit and of the means used for circumvention; compensation of the damage caused, including foregone income, where the infringer knew or should have known of the infringement; seizure of the income received from the infringement instead of compensation; or, instead of both, payment of a one-time monetary compensation. These measures are applied at the holder's choice. The one-time compensation rule is detailed as well: before starting a dispute the holder addresses the infringer, and the infringer is entitled, within 2 weeks of the demand, to pay the compensation in an amount exceeding 10 percent of the remuneration the holder would receive for lawful use; if he does not pay, the holder may go to court and demand compensation that must not be less than ten times the lawful-use remuneration.
Under paragraph 9 of the same article, the rights holder may demand from the intermediary service provider, by written notice, the immediate deletion of counterfeit copies or the restriction of their accessibility. Paragraph 10 defines the mandatory content of the notice: a description of the object of the infringement together with the substantiated fact that the right was infringed; data on the basis of which the counterfeit copies can be identified; and the holder's name, identification or personal number, addresses, telephone and e-mail. An incomplete notice does not awaken the provider's duty — which is precisely why the drafting of the notice has legal significance.
What Counts as Infringement — Article 58
Article 58 regulates the forms of liability and the substance of infringement: infringement of the rights provided by this law entails civil, administrative and criminal liability, and a person who does not comply with the law's requirements is deemed an infringer. Infringement also includes the unlawful use of a work, performance, phonogram, videogram, broadcast or database; the alteration or deletion of rights-management information without permission; the circumvention of technological measures; the production, import, distribution, sale, rental or advertising of technologies and devices serving circumvention; the offering and provision of services for the neutralization of technological measures; and the failure of an intermediary (hosting) service provider to perform the obligations defined by Article 60-1. A platform that does not react to a written notice thus itself becomes an infringer.
Frequently Asked Questions
Below we answer the questions most frequently raised about the takedown mechanism.
How quickly must a platform delete disputed content?
Immediately upon receiving the written notice, or no later than 24 hours — it deletes the presumed counterfeit copies or restricts access, immediately notifies the presumed infringer, and within the same period informs the rights holder in writing of the measures and the decision.
Can an author demand the restoration of deleted content?
Yes. If he considers the deletion unlawful, he demands restoration from the provider by application; the provider transmits the application to the holder within 24 hours, and the holder must produce a court ruling within 14 days — otherwise the material is restored.
What must the rights holder's notice contain?
A description of the object of the infringement and the substantiated fact of infringement, data enabling identification of the counterfeit copies, and the holder's full contact details — name, identification or personal number, addresses, telephone, e-mail.
What may the holder demand from the infringer?
Recognition of the right, restoration and cessation, confiscation of counterfeit copies, compensation of damage including foregone income, seizure of the infringing income, or a one-time monetary compensation — at the holder's choice.
How We Help on Legal.ge
Whether your content has been used pirated or, the other way round, your material has been deleted without grounds, the deadlines do not tolerate hesitation. The specialists at Legal.ge will help you draft the written notice or the counter-application correctly, assess the infringement under Article 58, and prepare the demand for a court ruling or a claim for compensation. Contact us through the Legal.ge form.