The Exclusive Rights of the Author of a Computer Program
The legal protection of software in Georgia operates under the Law of Georgia on Copyright and Neighbouring Rights: code, as a work, is an object of copyright. Under Article 19, the author of a computer program enjoys, together with the general rights of copyright, the exclusive right to carry out, authorize or prohibit the reproduction of the computer program by any means and in any form, in whole or in part — and where such reproduction is needed for the loading, display, operation, transmission or storage of the program, the author's consent is required.
The author holds the same right over the translation of the program from one programming language into another, its adaptation, arrangement or other alteration: these actions too are impermissible without consent, and the reproduction of the results of a change takes place under the protection of the rights of the person who alters the program. Article 19 also covers the authors of databases: they hold the exclusive rights of temporary or permanent reproduction, translation, adaptation, arrangement, distribution, public transmission, display and performance of the database.
The Boundaries of Decompilation
On the page of protecting a program author's rights the question often arises whether reverse engineering is lawful. Under Article 29, a person who lawfully possesses a copy of a computer program may, without the consent of the author and without payment of a royalty, carry out decompilation — reproducing and transforming the object code into the source text — and commission decompilation to other persons, in one situation only: where it is necessary to achieve interoperability between a program created independently by that person and other programs.
This permission is bounded by strict conditions: the action is carried out by a person entitled to use the copy; the information necessary for interoperability has not previously been readily available from other sources; the decompilation concerns only those parts necessary for interoperability; and the information obtained is used only to achieve interoperability — its transfer to other persons, or its use to develop a new program substantially similar to the decompiled one, is prohibited.
The Violation of Rights and Liability
Under Article 58, the violation of copyright, neighbouring rights and the rights of the maker of a database entails civil, administrative and criminal liability, and a natural or legal person who does not comply with the requirements of the law is deemed an infringer. An infringement includes the unlawful use of a work, performance, phonogram, videogram, transmission of a broadcasting organization or database.
The law also reaches modern technological forms: an infringement is the alteration or deletion of rights-management information without the permission of the right holder; the distribution of copies where the distributor knew or had reason to know that the rights information had been altered or deleted without permission; the circumvention of technological measures; and likewise the production, import, distribution, sale, rental or advertising of a technology, device or component that serves the circumvention of technological measures, has limited use apart from circumvention, or was created or adapted precisely for that purpose.
Counterfeit Copies
Under Article 60, copies of a work, phonogram, videogram or database whose making, distribution, rental or other use violates copyright and neighbouring rights or the right of the maker of the database are deemed counterfeit copies. Also counterfeit are copies that are protected in Georgia but have been imported without the consent of the right holder from a state where they were never protected or where their protection has ceased.
The notion of counterfeiting acquires practical importance in disputes where the source of a copy and the channel of its distribution are contested: if a copy is counterfeit, its distribution and use constitute an infringement of rights, and this circumstance becomes the ground of liability.
Frequently Asked Questions
What rights does the author of a program hold?
Under Article 19 — the exclusive right to carry out, authorize or prohibit the reproduction of the program and its translation, adaptation or other alteration.
Is decompilation lawful?
Only in the case provided by Article 29 — by a lawful possessor, for the purpose of interoperability and under strict conditions; otherwise it is an infringement.
What counts as an infringement of rights?
Under Article 58 — unlawful use, alteration or deletion of rights-management information, circumvention of technological measures and more; an infringement entails civil, administrative and criminal liability.
What is a counterfeit copy?
Under Article 60 — a copy whose making or use infringes copyright, as well as a copy imported without permission from a country where protection never existed or has ceased.
How We Help on Legal.ge
Protecting the rights of a program's author proceeds on several fronts: distinguishing which actions fall under the author's exclusive rights and which do not; where the lawful boundary of decompilation runs; what consequences follow from tampering with rights-management information and circumventing technological protection; and how the fact of counterfeiting is established. The answer to each of these questions rests on a concrete norm.
The lawyers working on Legal.ge will help you qualify the infringement, plan the collection of evidence, negotiate with the infringer and demand cessation, and choose between the routes of civil, administrative or criminal liability. Contact us for a consultation — code that is legally protected is a valuable business asset.