Copyright Registration and Deposit in Georgia
Copyright in Georgia does not require registration — it is born from the moment a work is created. But for evidentiary purposes the law offers the right holder two instruments: the presumption of authorship (Article 10) and the deposit of the work at Sakpatenti (Article 9-1), with a separate deposit procedure for databases (Article 54-1). This page explains how the automatic origin of the right (Article 9), the © notice and the probative function of deposit connect to one another.
The Right Is Born Without Formalities — Article 9
Copyright in works of science, literature and art arises from the moment of their creation. A work is considered created when it is expressed in some objective form allowing perception and reproduction. Registration, special formatting or the observance of other formalities is not necessary for the origin or exercise of copyright — "registration" is thus not a precondition of the right. To declare his right the holder may use the copyright notice placed on every copy, consisting of three elements: the © sign, the name of the right holder, and the year of the work's first publication.
In practical terms these three elements give every user instant information: who asserts the right, over which object and as of which period. In a dispute it is precisely these indications that become the first filter through which the court and the parties orient themselves — and only afterwards does the question of contrary proof arise.
The decision to deposit is thus priced as follows: the presumption already works from the marking, while deposit adds to it a fixation in time — when and in what form the work was in the applicant's hands. The year of first publication in the three-element © block and the date of deposit read together: who, over what, and from which moment — the three questions on which a dispute turns first.
The Presumption of Authorship — Article 10
In a dispute the presumption is decisive: a person properly indicated as the author on the original or a copy is deemed the author of the work unless the contrary is proven. This applies to publication under a pseudonym where the author is universally known by it. And where a work is published under an unknown pseudonym or anonymously, the publisher whose name is properly indicated on the work is deemed the author's representative — with the right to defend the author's rights and secure their exercise until the author reveals his identity.
Note also the layers of the two presumptions: the presumption of the person indicated operates on the original and the copy of the work, while the presumption of the deposit certificate operates on the basis of the application; in the one case contrary proof examines the fact of marking, in the other also the content of the moment of deposit. In a dispute the two instruments are therefore read together, not as alternatives.
Deposit at Sakpatenti — Article 9-1
Deposit is a voluntary but powerful evidentiary instrument: the author or other holder may deposit the original or a copy of the work with Sakpatenti, and the person indicated in the deposit certificate is deemed the author or right holder unless the contrary is proven. The applicant is responsible for the accuracy of the submitted documentation and must respect the rights of other persons connected with the work; an heir or successor attaches a confirming document to the application, a representative — a document of representation. Information about the deposited work may become public at the author's own request, and the fee for deposit is set by a government decree.
In practice the application package in both cases is built with the same discipline: the applicant answers for the accuracy of the documentation, respects the rights of other persons, the heir or representative substantiates status with a confirming document, and the fee is considered in advance — it is determined by a government decree. These four rules protect from application errors the very evidentiary value for which deposit is made at all.
Deposit of Databases — Article 54-1
For databases the law establishes a parallel procedure: the maker of a database may deposit its original or a copy with Sakpatenti. In this case the certificate confirms only the fact of deposit — not the existence of rights. The remaining conditions are the same: the applicant's responsibility for the documentation, respect for other rights, the documents of heirs and representatives, disclosure of information on request, and the fee set by government decree. The database maker thus uses the same evidentiary mechanism, with a clear limitation — the certificate proves the fact, not the right.
Frequently Asked Questions
Below we answer the questions most frequently raised about copyright registration and deposit.
Is registration necessary for protection?
No — the right arises from the moment of creation, and its exercise requires neither registration nor formatting.
What, then, does deposit give?
An evidentiary presumption: the person indicated in the certificate is deemed the author or right holder unless the contrary is proven.
How is an anonymous work protected?
The publisher whose name is indicated on the work is deemed the author's representative and defends the rights until the identity is revealed.
Is database deposit different?
Not in procedure, but in effect: the certificate for a database confirms only the fact of deposit.
What are the three elements of the © notice?
The letter C in a circle, the name of the holder of the exclusive right, and the year of the work's first publication.
How We Help on Legal.ge
Deposit is a simple procedure, but its probative value depends on a correctly drafted application. The specialists at Legal.ge will explain the operation of Articles 9, 9-1, 10 and 54-1, help you prepare the deposit application, and assess what evidentiary effect it will have in your case. Contact us through the Legal.ge form.