The Nature of Broadcasting Rights — a Neighbouring Right, Not a Licence
In Georgian law, broadcasting rights unambiguously denote the broadcasting organization's exclusive rights defined by the Law on Copyright and Neighbouring Rights — not the broadcasting licence, which belongs to the domain of broadcast regulation. The two regimes are adjacent but answer different questions: the licence concerns going on air, while the neighbouring right concerns who may use the broadcasting organization's transmissions and how. Article 45 of the law states the general principle: the protection of neighbouring rights does not obstruct the protection of copyright, they are exercised with respect for copyright, and no provision of the law is interpreted as an infringement of copyright protection. Practically, this means that the rights of the author of a work included in a transmission come first, and the broadcasting organization's right is a layer built upon them — a hierarchy every retransmitter and platform operator must respect.
The Catalogue of the Broadcasting Organization's Exclusive Rights
Article 50 provides that the broadcasting organization holds the exclusive right to use its transmission in any form, including the right to receive remuneration for every form of use of the transmission. This means the organization may authorize or prohibit: the fixation of the transmission; the reproduction of the fixation — except where the transmission was fixed with the organization's consent and reproduction occurs for the same purpose as the fixation; the simultaneous transmission over the air and retransmission by cable by another organization; the transmission of the program over the air or by cable; the communication of the transmission to the public in places where entry is paid; the distribution of fixations in society through sale or other transfer of ownership; the rental of fixations or their transfer in another form of possession; and the transmission of fixations by wire or wireless means so that it is accessible to any person from a place and at a time chosen by that person. The last item covers contemporary streaming and on-demand viewing — the online delivery of a transmission is likewise a form of exercising this right, and platforms that archive or restream broadcasts operate inside its scope.
Terms of Protection
Article 57 sets the terms of neighbouring rights. The performer's right lasts for 50 years from the first performance; where within that term a fixation lawfully became available to the public by publication or communication, the term runs from that fact — for performances fixed in the form of a phonogram, 70 years. The phonogram or videogram producer's right likewise lasts 50 years from the first fixation, and where the phonogram or videogram lawfully became available to the public — 70 years. The broadcasting organization's exclusive right lasts 50 years from the first transmission by wire or wireless means by the organization, cable or satellite connection included. A further protection exists for performers: where, after 50 years from the lawful publication or communication of a phonogram, its producer fails to offer a sufficient number of copies for sale or to make them available to the public, the performer is entitled to terminate the contract by which the rights in the recording of the performance were transferred. All terms are counted from the first of January of the year following the year in which the relevant legal fact occurred, and during the terms the rights pass to heirs as well. The performer's rights to the name and to respect of reputation, however, are protected without limitation in time.
Frequently Asked Questions
We answer the most frequently asked questions about broadcasting rights below.
Do broadcasting rights differ from a broadcasting licence?
Yes. The licence belongs to broadcast regulation and concerns going on air; the broadcasting right is a neighbouring right determining who may fix, retransmit, distribute or deliver the organization's transmission online.
How long does the broadcasting organization's right last?
50 years from the first transmission, cable and satellite included; the term runs from the first of January of the year following the relevant year.
Does the transmission's content belong to the organization?
No. Under Article 45 neighbouring rights are exercised with respect for copyright — the author's right in the work remains with the author, and the organization's right covers the layer of the transmission.
May a transmission be delivered online without consent?
No. Delivery of a fixation by wire or wireless means, accessible to any person at a chosen time and place, forms part of the exclusive right under Article 50 and requires consent.
How We Help on Legal.ge
The Legal.ge team assists broadcasting organizations, content distributors and consumers on broadcasting-rights questions: we draft licences for the use of transmissions, assess the legality of retransmission and online delivery, review term-counting issues, and defend rightholders against unauthorized use. If your transmissions have been used without consent or the status of a relationship needs clarification — contact us on Legal.ge and we will assess your rights and the prospects of the dispute.