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Copyright Licensing

What is the difference between assigning rights and licensing?

Assigning rights (Assignment) means you sell the ownership of the copyright permanently, like selling a house. You no longer have control over the work. Licensing is like renting; you retain ownership but allow someone else to use it for a specific time and purpose. We generally recommend licensing for creators who want to build a long-term asset portfolio.

Can I restrict a license to a specific territory (e.g., Georgia only)?

Yes, territorial restrictions are a standard part of copyright licensing. You can grant rights for Georgia only, the Caucasus region, or worldwide. If the contract does not specify a territory, Georgian law presumes the license is valid only in the country where the agreement was concluded. Precise drafting is essential to avoid ambiguity.

How do software licenses (EULA) work in Georgia?

End User License Agreements (EULA) are enforceable contracts in Georgia. They grant users a limited, non-exclusive license to use the software without transferring ownership of the code. Key clauses to include are limitations on reverse engineering, liability disclaimers, and termination rights. For B2B software, we draft specific SaaS agreements covering uptime, data protection, and support.

What happens to a license if the author dies?

Copyright is an inheritance asset. If an author dies, their economic rights (and the right to receive royalties) pass to their heirs for 70 years after death. Existing license agreements remain valid, but the royalties will be paid to the heirs. We advise authors to have a will that clearly addresses IP management to avoid disputes among heirs.

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Copyright Licensing and Commercialization Services

Copyright licensing is the primary way to monetize intellectual property. This process allows an author (licensor) to grant the right to use their work to another party (licensee) for a certain fee, while retaining ownership. Licenses can be exclusive or non-exclusive, covering music, books, software, photos, or design. A properly drafted licensing agreement guarantees that the author receives due royalties and the user is protected from legal claims. In Georgia, the licensing process requires detailed knowledge of the "Law on Copyright and Related Rights."

Legal.ge offers comprehensive legal services in copyright licensing. Our specialists assist authors and businesses in negotiations, drafting contracts, and managing licenses. Our goal is to maximize the commercial value of your intellectual property and minimize risks.

What Does Copyright Licensing Service Cover?

Our service covers the full licensing cycle:

  • License Structuring: Determining which type of license (exclusive, non-exclusive, sole) fits your business goals.
  • Contract Drafting and Audit: Preparing detailed licensing contracts specifying the scope of use, territory, duration, and remuneration.
  • Royalty Scheme Development: Legal assurance of payment models (fixed fee, percentage of sales, combined).
  • Software Licensing (EULA/SaaS): Drafting End User License Agreements and SaaS contracts for IT products.
  • Music and AV Licensing: Formalizing synchronization (use in film) and public performance rights transfer.
  • International Licensing: Transferring rights for foreign markets, considering international law norms.

Common Situations and Scenarios

A typical scenario is franchising or merchandising. A company buys the right to use a popular character's image on t-shirts. The lawyer drafts a contract precisely defining on what products, in what quantity, and in what territory the image can be used to prevent over-licensing.

Another scenario is an IT startup. A company creates software and wants to sell it to clients. The lawyer prepares an EULA (End User License Agreement) that restricts the user from copying or reselling the code and protects the company from liability.

Georgian Legislation and Legal Framework

Licensing is regulated by the Law on Copyright and Related Rights and the Civil Code. The law distinguishes between exclusive and ordinary (non-exclusive) licenses. With an exclusive license, the author loses the right to use the work themselves within the agreed scope, requiring special care when drafting the contract.

Process of Receiving Services

The process begins with a rights audit — checking if the client truly owns the rights they intend to license (Chain of Title). Then negotiations on terms take place. The lawyer prepares a draft contract protecting the client's interests (e.g., a mechanism to revert rights in case of non-payment). After signing, we assist in monitoring contract enforcement.

Effective licensing is your source of passive income. Legal.ge will help you manage this process correctly.

Why Choose a Specialist on Legal.ge?

Licensing requires working at the intersection of business and law. Legal.ge gives you access to lawyers experienced in commercial negotiations who can create a contract that brings you maximum profit.

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