Broadcasting rights represent a specific and high-value part of intellectual property law, regulating the exclusive or non-exclusive rights to air television and radio signals, as well as specific media products (movies, sports events, shows). In Georgia, where the media market is characterized by growing competition, the acquisition, protection, and management of broadcasting rights are critically important for media holdings, sports federations, and content distributors. This field involves complex licensing agreements, territorial restrictions (Geo-blocking), and the fight against illegal retransmission (piracy). Qualified legal support is essential for a company to protect its investment in expensive broadcast content and avoid infringement of rights by third parties.
What Does Broadcasting Rights Service Cover?
This service focuses on the legal turnover of content and the commercialization of rights. Key areas include:
- Licensing Agreements: Drafting and reviewing agreements with international distributors (e.g., Hollywood studios, UEFA, FIFA) to obtain exhibition rights.
- Rights Clearance: Checking the copyright cleanliness of all materials (music, video clips) included in the broadcast schedule.
- Anti-Piracy Actions: Taking legal measures against illegal streaming sites and IPTV providers (complaints, site blocking).
- Exclusivity Protection: Litigating in court and the Communications Commission in cases of violation of exclusive rights by competitors.
- Sports Broadcasting: Acquiring live broadcast rights for sports events and sub-licensing them to regional channels.
- Syndication: Legal assurance for selling self-produced programs to other channels.
Common Scenarios and Needs
Disputes related to broadcasting rights often involve large financial interests:
- Theft of Sports Match: When a foreign channel or website broadcasts a football championship without permission, for which a Georgian channel has bought exclusive rights. The lawyer immediately demands the cessation of the signal.
- Music Usage: Using a popular song in an advertisement or program without agreeing on a license, followed by a claim from the copyright society.
- Territorial Violation: When a satellite channel broadcasts a signal outside of Georgia, when it only had rights for the territory of Georgia.
- Archive Usage: Re-clarifying rights when placing old television archives on digital platforms.
Georgian Legislation on Broadcasting Rights
Broadcasting rights are regulated by the Law of Georgia on Copyright and Related Rights, which recognizes the broadcaster's right as a "related right." The law protects the program created by the broadcaster, as well as the broadcast organized by it, from recording, retransmission, and public display.
Additionally, the Law on Broadcasting and the Law on Electronic Communications create a framework for signal distribution. The Civil Code of Georgia is important regarding contracts. Georgia is also a member of international conventions (e.g., the Rome Convention), which ensures the protection of foreign content within the country.
Process: How Does a Lawyer Work in Rights Management?
The specialist's work includes:
- Negotiation: Negotiating with international licensors to achieve the best price and terms.
- Contract Drafting: Preparing a detailed contract specifying the number of showings, platform (TV, Web, Mobile), and term.
- Enforcement: Monitoring the market to detect piracy and sending warning letters (Cease and Desist) to violators.
- Litigation: Claiming damages in court in case of rights infringement.
Why Choose a Specialist on Legal.ge?
Broadcasting rights require deep knowledge of international copyright law and local regulations. An incorrectly drafted contract can lead to the loss of rights or millions in fines. On Legal.ge, you will find lawyers who have experience working with major media organizations and can protect your intellectual property in an aggressive competitive environment.
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