LegalGELegalGE
...

Copyright Infringement Claims

How is copyright ownership proven in Georgian courts?

Since copyright isn't subject to mandatory registration, ownership is proven by the presumption of authorship (your name on the work) and secondary evidence: RAW files, original drafts, publication dates, or dated backups. If you have registered the work with the US Copyright Office or Georgian Sakpatenti, that certificate serves as strong prima facie evidence of ownership.

What is the statute of limitations for copyright claims?

In Georgia, the general statute of limitations for tort claims (including copyright infringement damages) is three years from the moment the rights holder learned or should have learned about the infringement and the identity of the infringer. Acting quickly is crucial to preserve your right to claim full damages.

Can I sue for statutory damages or only actual losses?

Georgian law allows you to claim statutory damages (compensation) instead of proving actual financial loss. This is beneficial when proving the exact amount of lost sales is difficult. The judge determines the amount based on the gravity of the infringement, fault, and other circumstances. We help argue for the maximum applicable compensation.

Is mediation mandatory before filing a lawsuit?

Mediation is not strictly mandatory for all copyright cases, but it is often highly effective and cost-efficient. We typically start with a strong "Cease and Desist" letter and settlement negotiation. If the infringer agrees to pay and stop the violation, we draft a settlement agreement, avoiding the time and expense of court proceedings.

Reading Time

3 min

Published

...

Copyright Infringement Claims and Legal Protection

In the digital age, copyright infringement (piracy, plagiarism, unauthorized distribution) is widespread. Whether it's unauthorized use of a photo on a website, illegal copying of software, or public screening of a movie without a license — it all constitutes an infringement of the author's intellectual property. Georgian legislation empowers authors to demand not only the cessation of infringement but also compensation for damages. However, proving the fact of infringement and justifying the amount of damages is a complex process requiring proper evidence collection and specialized legal knowledge.

Legal.ge offers comprehensive legal services for copyright infringement cases. Our lawyers assist authors, inventors, and companies in protecting their intellectual assets. We utilize all legal protection mechanisms — from warning letters to the enforcement of court decisions.

What Does Copyright Infringement Service Cover?

Our service covers the full cycle of response to infringement:

  • Evidence Collection: Documenting the infringement fact (screenshots, notary certification, test purchases), which is essential for court.
  • Cease and Desist Letter: Sending an official demand to the infringer to stop the illegal activity, often resolving the issue without litigation.
  • Takedown Notices: Working with digital platforms (Google, Facebook, YouTube, hosting providers) to remove illegal content based on DMCA or local law.
  • Litigation: Filing a lawsuit demanding cessation of infringement, destruction of counterfeit copies, and compensation for damages.
  • Plagiarism Detection: Conducting expertise to establish similarity between works.
  • Defense Against Claims: Legal assistance for individuals accused of copyright infringement without basis.

Common Situations and Scenarios

A typical scenario is the theft of a photo or design. A company uses a photographer's work on an advertising banner without permission or attribution. The lawyer records the fact and demands compensation, which can be significantly higher than the standard licensing fee.

Another scenario is software piracy. A company uses expensive software without a license. The rights holder applies to the court demanding an audit of the company's computers. This process requires a procedure for securing evidence so the defendant cannot delete the software in time.

Georgian Legislation and Legal Framework

The main legal act is the Law on Copyright and Related Rights. It defines infringement and liability measures. The Civil Code regulates damage compensation. Additionally, the Criminal Code provides for liability for large-scale copyright infringement. The burden of proof in court lies with the plaintiff, making the role of a qualified lawyer crucial.

Process of Receiving Services

Working with Legal.ge begins with an analysis of the infringement. The lawyer verifies if you truly hold the rights and if the action constitutes infringement (exceptions exist, e.g., fair use/quotation). After developing a strategy, a warning is sent. If there is no result, a lawsuit is prepared. Our lawyers fight for maximum compensation, covering both material and moral damages.

Protect your intellectual work. Legal.ge offers effective legal tools against piracy.

Why Choose a Specialist on Legal.ge?

Copyright disputes are specific and require technological and legal competence. Legal.ge gives you access to lawyers who know how to get illegal material removed from the internet and how to win intellectual property infringement cases in court.

Updated: ...

Specialists for this service

Loading...