Copyrights for Creatives
For every creator, the three threshold questions of copyright are answered by four articles of the Georgian Law on Copyright and Neighbouring Rights: what becomes protected and what never does (Article 5); when and how the right is born — without any formality (Article 9); which personal rights never leave the author (Article 17); and what the author may do in the economic sphere — licensing or selling (Article 18). This page explains all four blocks together, as a practising creator needs them.
What the Law Protects and What It Does Not — Article 5
Copyright extends to works of science, literature and art that are the result of intellectual-creative activity — regardless of purpose, merit, genre, volume, form or means of expression. Protection covers a work existing in objective form; publication or public disclosure is not required. But the boundary is here too: copyright does not extend to ideas, methods, processes, systems, means, concepts, principles, discoveries or facts — even where they are expressed in a work. The idea is free; the form is protected — precisely this distinction determines what an author may demand and what he may not.
The Birth of the Right Without Formalities — Article 9
Copyright in a work arises from the moment of its creation. A work is considered created when it is expressed in some objective form, allowing perception and reproduction. Registration, special formatting or other formalities are not required: a text written in a notebook is already protected. To declare his right, the author may use the copyright notice placed on every copy of the work, consisting of three elements: the © sign, the name of the right holder, and the year of the work's first publication. The notice does not create the right — it serves only to declare it.
The Personal Rights That Never Leave the Author — Article 17
The author's personal non-property rights are: to be recognized as the author and to demand recognition with the name indicated on every use (the right of authorship); to indicate a pseudonym instead of the name and to refuse mention of the name (the right of name); to decide when, where and in what form the fact of the work's creation becomes known; to permit others to introduce changes in the work, its title and the author's name, and to oppose changes made without consent (the right of integrity); to protect the work from any distortion or other violation that may damage the author's honour, dignity or business reputation (the right of respect for reputation); to permit the attachment of other authors' works; and to demand cessation of the use of the work — the right of withdrawal, which does not extend to works made for employment and is exercised at the author's expense with compensation of the user's damage including lost profit.
The status of these rights matters: they belong to the author independently of his property rights, survive their assignment, and may not be alienated during the author's life. Selling the work thus cannot cancel authorship — this rule is the cornerstone of the creator's security.
The Economic Catalogue — Article 18
In the economic sphere the author or other holder has the exclusive right to use the work in any manner: reproduction; distribution of the original or copies by sale or other transfer of ownership; import of copies; public display; public performance; public communication, including making the work available to any person at a time and place of that person's choosing; translation; adaptation; rental or other transfer of possession. For any use, the author has the right to receive a royalty.
Two further rules belong here: the first sale of a copy in Georgia exhausts the author's right over its further distribution — the exhaustion principle; while for musical works expressed in notes, audiovisual works, computer programs, databases and works recorded on phonograms or videograms, the rental right remains with the author regardless of the transfer of ownership. The amount of the royalty and the procedure of payment are set by agreement; for cable retransmission — between the collective-management organization and the user, and failing agreement, by a commission whose decision may be challenged within 2 months of adoption.
Frequently Asked Questions
Below we answer the questions most frequently raised about protection of creative work.
Must I register my work?
No — copyright arises from the moment of creation; no registration or formatting is required. The © notice with name and year serves to declare the right, not to create it.
My idea was stolen — is it protected?
No — copyright does not cover ideas, methods, concepts, principles, discoveries or facts; only the expressed objective form is protected.
Can I demand my name after selling the work?
Yes — personal non-property rights operate independently of the economic ones, survive their assignment and cannot be alienated during the author's life.
When may I withdraw a work?
Cessation of use may be demanded with a public declaration, at the author's expense and with compensation of the user's damage — except for works made for employment.
How We Help on Legal.ge
Whether you are signing a contract, discovering unauthorized use of your work or considering the rental right, the decision must rest on Articles 5, 9, 17 and 18 of the law. The specialists at Legal.ge will explain your rights, assess the contract, and help you prepare a royalty or infringement demand. Contact us through the Legal.ge form.