Content takedown — the procedure for removing material placed in violation of rights from a platform — is regulated in Georgia by the copyright law. This is a Georgian system: the similar mechanism operating in the United States does not apply here directly, and citing its rules as an argument is a mistake. This page explains the Georgian mechanism on the basis of articles 58, 60 and 60-1 of the law — from liability for infringement to the 24-hour rule.
Infringement and Liability
Under article 58, the infringement of copyright, neighbouring rights and the rights of the maker of a database entails civil, administrative and criminal liability. A natural or legal person that does not comply with the requirements of the law is deemed an infringer of those rights. Infringement includes the unlawful use of a work, performance, phonogram, videogram, transmission of a broadcasting organization or database; the alteration or deletion of rights-management information without the right holder's consent; the circumvention of technological measures; and the production and distribution of technologies serving that purpose.
In addition, the non-fulfilment by a provider of intermediary (hosting) services of the obligations established by the law is itself deemed an infringement — this provision concerns precisely platforms and connects them to the removal procedure.
Counterfeit Copies
Article 60 defines counterfeit copies: copies of a work, phonogram, videogram or database whose making, distribution, rental or other use infringes the rights are deemed counterfeit. Copies of material protected in Georgia and imported without the right holder's consent from a state where it has never been protected, or where protection has ceased, are also counterfeit. This means that even parallel import, when it comes from such a country, counts as counterfeiting.
The 24-Hour Rule and Notice
Article 60-1 defines the ground for exemption of an intermediary service provider: it bears no liability if, upon receiving a written notice compiled in the manner established by the law from the right holder, immediately or no later than 24 hours from receipt, it deletes the presumed counterfeit copies or restricts their accessibility, and this is immediately communicated to the presumed infringer. Within 24 hours of receiving such a notice, the provider must inform the right holder in writing about the measures carried out and the decision taken.
Restoration of Material and the Court Injunction
The presumed infringer also has a protective mechanism: if they consider that the deletion was carried out unlawfully towards them, they may demand from the provider, by application, the restoration of the accessibility of the disputed material that existed before the deletion. The application indicates the deleted material, the address of the web page, the justification and the contact details of the declarant.
The provider forwards this application to the right holder within 24 hours of receipt, and the right holder must, within 14 days of its delivery, submit a court injunction granted on securing the claim concerning the deletion or restriction of accessibility. If no injunction is submitted, the provider restores the deleted material or its restricted accessibility and bears no liability in that case. The persons covered by this provision answer for damage caused by their unlawful actions.
The list of infringement forms is closed: unlawful use of a work, phonogram, videogram or database; alteration or deletion of rights-management information without permission; circumvention of technological measures; the production, import, distribution and sale of technologies and devices serving such circumvention; the offering of neutralization services; and the failure of an intermediary service provider to perform the defined obligations.
Also counterfeit are copies imported without the right-holder's consent from a state where the object has never been protected or where protection has ceased. Infringement of copyright, related rights and the rights of the database maker entails civil, administrative and criminal liability; a person who fails to comply with the law's requirements is considered an infringer, and distribution of copies knowing that rights-management information was altered or deleted without the owner's consent is likewise an infringement.
Frequently Asked Questions
Questions about takedowns most often concern the time limits, the platform's obligations and the possibility of restoration.
How quickly must a platform remove counterfeit material?
Immediately upon receiving the written notice or no later than 24 hours; within the same period the presumed infringer and the right holder are informed of the measures.
What if the rights holder cannot find the platform?
Infringement entails civil, administrative and criminal liability, and its enforcement also runs through other legal routes.
May removed material be restored?
Yes — upon the presumed infringer's application, provided the right holder does not submit a court injunction within 14 days.
What is a counterfeit copy?
A copy whose making or distribution infringes rights — including material imported from a country where it has never been protected.
How We Help on Legal.ge
The Legal.ge team works both with right holders and with content authors: we prepare written notices for platforms, structure restoration applications, pursue court injunctions and assess damage in cases of infringement.
If your content has been infringed or you seek the restoration of removed material, write to us on Legal.ge — we will assess the situation and apply the mechanisms established by the law.