The Grounds for the Transfer of Copyright
The sale and transfer of intellectual property in Georgia rests on the norms of the Law of Georgia on Copyright and Neighbouring Rights. Under Article 35, copyright is transferred by law or by will through inheritance, or by contract. These three routes govern three different situations: transfer by law operates through inheritance after the author's death, transfer by will depends on the testator's intent, and alienation during life takes place by contract — the last being the route an active business uses.
By law, the exclusive rights of use of the work pass to the heirs within the term of validity of the copyright, unless the will provides otherwise. The statutory route of inheritance protects the interests of the author and the heirs automatically, but a testator who wants a different outcome can build it into the will.
The Transfer of Property Rights to a Successor
Under Article 36, an author or other holder of copyright may transfer to a successor all property rights or part of them. This short norm determines the entire architecture of the transaction: both a full transfer is possible, where all property rights pass to the new holder, and a partial one, where the transfer concerns individual rights or formats. When planning a deal, what is decisive is exactly what is transferred and what remains with the seller — and that list must be reflected in the contract fully and expressly.
In practice, most disputes are born precisely here: the parties mean different things by the subject of the deal — one side believes that all rights are transferred, while the other expects only particular uses. The sound solution follows from the logic of Article 36: the object of the transfer is defined precisely in the contract.
Personal Rights and Inheritance
In intellectual-property transactions, the distinction between property and personal rights is decisive. Under Article 35, the rights of authorship, of the name and of the inviolability of the work do not pass by inheritance — their holder remains the author forever. Heirs have the right to protect these personal rights, and this authority is not limited in time: the protection of the author's name and the inviolability of the work continues over the years, though the rights themselves cannot be transferred to anyone.
The author also has the right to designate a person who will continue the protection of the personal rights after their death. If heirs do not exist or exercise the protection improperly, the protection of these rights is carried out by the National Intellectual Property Center of Georgia, Sakpatenta. One further detail belongs here: if the author did not determine otherwise during their life, then from among their personal rights the right passes by inheritance to permit other persons to attach the works of other authors to the work — an illustration, foreword, afterword, commentary and the like.
The Written Form of the Contract
Under Article 42, a contract on the transfer of copyright, a contract on the creation of a work and a license contract must be concluded in writing. This requirement of form is not a formality but an element of the transaction's reliability: a written contract records the content, the scope and the territorial or temporal limits of the transferred rights.
The law contemplates only one exception: a license contract on the use of a work in periodical print publications may be concluded orally. In every other case — including a sale and a full transfer — the written form is mandatory, and the requirement must be taken into account from the very start of planning the transaction.
Frequently Asked Questions
On what grounds is copyright transferred?
Under Article 35 — by law, by will through inheritance, or by contract.
Does the right of authorship pass by inheritance?
No — the rights of authorship, of the name and of the inviolability of the work do not pass by inheritance; heirs hold only the authority to protect them, without time limit.
May only part of the property rights be transferred?
Yes — under Article 36 the author or other right holder may transfer to a successor all property rights or part of them.
In what form is the transfer contract concluded?
In writing; only a license contract on use in periodical print publications may be concluded orally.
How We Help on Legal.ge
The sale and transfer of intellectual property is not a simple formality: the list of transferred rights, the boundary between property and personal rights, the fate of the author's personal rights and the written form of the contract — each of these elements determines the outcome of the deal. A contract concluded during the author's life and a transfer by inheritance run under different rules, and confusing them is a common mistake.
The lawyers working on Legal.ge will help you prepare the draft transfer contract, identify and list the rights being transferred, shape the copyright clauses of a will, and plan the structure of the transaction. Contact us for a consultation — when the alienated right is defined precisely, there is no need to win it back.