The Three Pillars of Monetization
Content monetization rests on the copyright system: to earn from content you must hold the exclusive rights of use, you must grant the licence that empowers the platform or brand, and you must know the way out when someone else monetizes without a licence. This page explains these three pillars on the basis of articles eighteen, forty and fifty-nine of the law.
What You Must Hold to Monetize
Under article eighteen, the author or other holder of copyright has the exclusive right to use the work in any manner. This means the right to carry out, permit or prohibit the reproduction, distribution, import, public display, public performance and public transmission of the work — by air, by cable or by wire so that the work is available at a time and place chosen by the person — as well as translation and processing.
For monetization this means: the licensee — a platform, brand or publisher — exercises only those rights the licensor holds. The author also has the right to receive an author's honourarium for any form of use of the work. The monetization chain therefore always begins with one question: which right is transferred to the service, and on what ground. Where even one link of the chain is empty — a right not transferred or a use not covered by the licence — the revenue from that link stands in a legally dangered zone and becomes the ground of demands in a dispute. The licence text is therefore the main instrument of monetization, not a formality.
The Monetization Deal — the Licence Contract
Article forty defines the mandatory content of the deal: a licence contract must stipulate an exact description of the work to be used — title, volume, genre — the concrete type of use, the term and territory, the amount of the honourarium or the procedure for determining it for each type, and the procedure and time-limit for payment. Every use not written in remains with the author or other right holder, so the list in the contract must be complete and precise: the more exactly the type of use is described, the smaller the disputable field.
The defaults also matter: where the concrete type of use is not stated, the contract is deemed concluded for the use necessary for the parties' intention; where the term is not stated, termination is possible after 3 years with notice 6 months in advance; where the territory is not stated, only Georgia is covered.
The amount of the honourarium and the procedure for its accounting and payment are established by a contract concluded between the author, the other right holder or the collective-management organization, and the user — and the negotiation of monetization terms runs precisely within that frame. The honourarium is therefore not a gesture of the platform's goodwill: it is the subject of a deal whose rules the law regulates.
The Remedy When Others Monetize
Article fifty-nine gives the right holder a full arsenal of demands: recognition of the right; restoration of the situation existing before the violation and cessation of the infringing act; seizure of copies deemed counterfeit and of the materials, devices or their components needed to circumvent technological measures; compensation for damage including lost profits — where the infringer knew or should have known of the violation.
Instead of damages, the revenues received through the violation may be claimed from the infringer in favour of the plaintiff, or, in place of both, a one-time monetary compensation — these measures apply at the right holder's free choice, whichever is most effective in the concrete situation. In determining the amount of damage, the revenue received through the violation and the revenue the holder would have received through lawful use must be taken into account. The amount of the one-time compensation takes into account the gravity of the violation, the number of counterfeit copies and the infringer's intent. Counterfeit copies not claimed by the holder and the materials needed to circumvent technological measures are destroyed by court decision; copies lawfully acquired by a third person are not subject to seizure, save where acquired for commercial use.
Frequently Asked Questions
Monetization questions most often concern what the licence must contain and what demands exist on violation.
What must the monetization contract contain?
An exact description of the work, the concrete type of use, term, territory and honourarium for each type — this is the minimum content.
Who keeps unwritten uses?
The author or other right holder — every type not directly provided for.
What happens where the term is not stated?
Termination is possible after 3 years, with notice 6 months in advance.
What may I demand for unlicensed monetization?
Recognition, cessation, restoration, seizure of copies, damages, disgorgement of revenues or a one-time compensation.
How is damage computed?
Taking into account the revenue from the violation and the presumable revenue from lawful use.
How We Help on Legal.ge
The Legal.ge team works with content creators and platforms: we prepare monetization licences, structure honourariums and handle disputes over unlicensed monetization — from cessation to compensation.
If you monetize content or someone else earns from your work, write to us on Legal.ge — we will assess your rights and build the correct route of protection.