Copyright Infringement Claims — Grounds and Demands
A claim for infringement of an author's rights is built on three articles: Article 17 establishes the personal non-property rights that become the object of infringement and never leave the author; Article 58 defines what counts as infringement and what liability it entails; and Article 59 gives the full catalogue of demands — from recognition to one-time compensation. This page explains the claim from ground to remedy.
The Personal Rights That Are Infringed — Article 17
The author's personal non-property rights are: the right to be recognized as the author and to demand indication of the name on every use; the right to choose a pseudonym or name; the decision when to make the fact of creation known; the right of integrity — permission for changes and opposition to changes made without consent; the right of respect for reputation — protection from distortion damaging the author's honour or dignity; permission for the attachment of other authors' works; and the right of withdrawal — demanding cessation of use, inapplicable to works made for employment. These rights belong to the author independently of the property rights and are not alienated during his life — the removal of a name, the distortion of a work or the denial of authorship therefore meet the claim precisely under this article.
The right of withdrawal is exercised at the author's expense, with a public declaration and compensation of the user's damage including lost profit; the author may also withdraw from circulation, at his own expense, copies prepared earlier. Heirs and the person appointed by the author enforce the protection of these rights without limitation in time — the protection of personal rights outlasts any term.
What Counts as Infringement — Article 58
Infringement 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 distribution of a work knowing that information was altered; the circumvention of technological measures; the production, import, distribution, sale, rental or advertising of technologies and devices serving circumvention; the offering of neutralization services; and the failure of a hosting provider to perform the obligations triggered by a written notice. When preparing the claim, it is from this enumeration that the act occurring in your case is selected.
The Catalogue of Demands — Article 59
The right holder may demand from the infringer: recognition of the right; restoration of the pre-infringement state and cessation; the confiscation of copies deemed counterfeit and of circumvention means — with the possibility of transfer to the holder; compensation of damage including lost income, where the infringer knew or should have known; seizure of the income received from the infringement instead of compensation; or, instead of both, a one-time monetary compensation — at the holder's choice. In assessing damage, account must be taken of the essence of the infringement, the income derived from it, pecuniary and non-pecuniary harm, and the income the holder would have earned under lawful use.
The one-time compensation rule is detailed: before starting a dispute the holder addresses the infringer, who is entitled, within 2 weeks of the demand, to pay compensation exceeding 10 percent of the lawful-use remuneration; failing payment, the holder goes to court and demands compensation of not less than ten times the lawful-use remuneration. For the internet environment the law adds a fast instrument: the holder addresses the intermediary service provider by written notice demanding immediate deletion or restriction of counterfeit copies, the notice containing a description of the object, identification data and the holder's contact details.
The claim often rests on personal non-property rights: the right of authorship and of name indication on every copy, the pseudonym right, the integrity of the work against unconsented changes, the right of respect for reputation against distortion, and the withdrawal right, exercised at the author's expense with compensation of the user's damage. These rights operate independently of the property rights and may not be alienated during the author's life.
Frequently Asked Questions
Below we answer the questions most frequently raised about infringement claims.
What may I demand from the infringer?
Recognition, restoration and cessation, confiscation, compensation of damage, seizure of income or one-time compensation — at the holder's choice; infringement of personal rights is a separate ground.
How is the one-time compensation computed?
At a minimum — ten times the lawful-use remuneration; before the dispute the infringer has 2 weeks to pay more than 10 percent of that remuneration.
How do I stop online counterfeiting?
By a written notice to the provider — demanding immediate deletion or restriction; failure to react is itself infringement.
The contract erased my name — what do I do?
Personal rights are not subject to contract: authorship, name, integrity and reputation are independent grounds of infringement.
How We Help on Legal.ge
An infringement claim rests on the precision of evidence: proof of authorship, of the fact of use, and of the computation of damage. The specialists at Legal.ge will explain the operation of Articles 17, 58 and 59, assess your evidence, and prepare the demand or the statement of claim. Contact us through the Legal.ge form.