Discovering and Enforcing Copyright Online
Discovering an author’s rights online splits into two questions: how to prove authorship in a digital environment, and how to stop an infringement. The Georgian law answers both: the presumption of authorship (Article 10) and the deposit of the work at Sakpatenti (Article 9-1) prove provenance, while the forms of infringement (Article 58) and the public information of the collective-management organization (Article 66-10) give the instruments of enforcement. This page explains the whole chain of online protection.
Proving Authorship — Articles 10 and 9-1
With a digital work the first question is authorship. The presumption works: a person properly indicated as the author on the original or a copy is deemed the author unless the contrary is proven — the rule extends to a pseudonym where the author is universally known by it. For anonymous works or unknown pseudonyms, the publisher is deemed the author’s representative until identity is revealed. The confirming instrument is deposit: the author or other holder of copyright may deposit the original or a copy with Sakpatenti, and the person indicated in the certificate is deemed the author or right holder unless the contrary exists. The deposit date fixes the chronology of a digital dispute — and it is often precisely this chronology that decides whose content it is.
The deposit procedure carries several conditions: the applicant must respect the copyright and other rights of other persons connected with the submitted work; the accuracy and reliability of the documentation submitted to Sakpatenti are the responsibility of the applicant; where the work is submitted by an heir, successor or other holder, the application must be accompanied by a confirming document, and where deposit is made through a representative — by a document confirming representation. Information connected with a deposited work may become public at the demand of the author or the other right holder; a fee is paid for deposit, determined by a decree of the Government of Georgia.
What Online Infringement Is — Article 58
In the online environment the enumeration of infringements is set by the same law: the unlawful use of a work, performance, phonogram, videogram, broadcast or database; the alteration or deletion of rights-management information without the right holder’s consent — including distribution knowing of the alteration; the circumvention of technological measures; the production, import, distribution, sale, rental or advertising of a technology, device or component created to enable circumvention; the offering and rendering of services aimed at neutralizing technological measures; and the failure of a hosting provider to perform the obligations established by this law — the exact content of those obligations being determined by the relevant norms of the law. The last item is decisive for online enforcement: a platform that does not perform its obligations itself becomes an infringer. Infringement entails civil, administrative and criminal liability.
Transparency of Collective Management — Article 66-10
Where the royalty from online use moves through a collective-management organization, the author has a statutory guarantee of transparency: the organization must make publicly available on its website at least — its charter; the rules of membership and termination of mandates; licensing standards and current tariffs, discounts included; the list of leading persons; the general rules of royalty distribution; the management fee; the policy of deductions, including deductions for social, cultural and educational services; information on reciprocal representation agreements; the policy on the use of undistributed royalties; and the procedures for complaints and dispute resolution.
The published information must be kept permanently up to date, and on any change immediately made available to the public. For the author this means that in online tariffs and distribution there can be no "hidden room": every basic parameter is open and verifiable.
The Practical Sequence of Online Enforcement
In practice the chain looks like this: first authorship is fixed — by proper indication on the work and, preferably, by deposit; then the infringement is fixed — by a description of the page or copy and, possibly, a note that rights-management information was deleted or a technological measure circumvented; and only afterwards are the mechanisms provided by the law applied against the provider. Each stage rests on a form described by the law, which is why the evidence file should from the outset be built on the logic of exactly these norms — then both the demand and the court claim stand on the same grounds.
Frequently Asked Questions
Below we answer the questions most frequently raised about online copyright protection.
How do we prove authorship on the internet?
By the presumption — proper indication on the work — and by deposit at Sakpatenti: the person in the certificate is deemed the author until contrary proof.
What to do about a platform distributing a work?
Address the hosting provider: the failure to perform the obligations established by law is itself an infringement, so a non-performing platform passes into the status of infringer; the form and content of the demand are determined by the relevant norms.
Where are the organization’s tariffs accessible?
On its website — tariffs, distribution rules, fees and the deductions policy are public and must be kept current.
Is circumvention an infringement?
Yes — circumvention of technological measures, the circulation of circumvention devices and neutralization services are all enumerated infringements.
What conditions does the deposit procedure have?
The applicant answers for the accuracy of the documentation and must respect the rights of others; an heir or representative attaches a confirming document; the fee is set by a government decree.
How We Help on Legal.ge
Online protection demands speed: the fixation of evidence, the correct form of the demand and the next steps. The specialists at Legal.ge will explain the operation of Articles 10, 9-1, 58 and 66-10, help with deposit, and prepare the demand or the claim. Contact us through the Legal.ge form.