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.