The Public-Performance Right and the Collective System
Performance licensing covers the rules by which theatres, concert halls, clubs and other users clear the right to perform published works. In Georgia this right is not obtained from each author individually but through an organization managing property rights on a collective basis — the system of structures accredited by Sakpatent. This page explains that system on the basis of the copyright law's provisions on collective management, licensing of users and the setting of tariffs.
The Collective-Management Organization and Accreditation
Under article sixty-three, authors of works of science, literature and art, performers, producers of phonograms and videograms, and other holders of copyright and neighbouring rights may create an organization managing property rights on a collective basis. It is a non-profit legal entity accredited by Sakpatent under the procedure established by the law. The management of one right or one category of rights must be carried out by only one such organization — which means that a user negotiates with the single organization that manages the relevant category of rights.
A right holder who transfers property rights to the organization for collective management under a contract transfers rights in all works already created and to be created during the term of the contract, unless the contract provides otherwise. No other legal entity may use in its name the words designating this status.
The Organization's Functions
Article sixty-six defines the functions: in the name of right holders the organization negotiates with users on the amount of the royalty and the conditions of use, issues licences within the limits of its mandate, collects royalties, distributes and pays them in due time with regard to the principle of equality and proportionally to actual use, represents the interests of right holders in court and before administrative bodies, and also represents non-member right holders and collects the royalty due to them.
The user must provide the program, information and documents giving precise information about the use and necessary for calculating the royalty. All works performed publicly, transmitted by air or cable or otherwise made available to the public are included in the organization's repertoire, and the burden of proof lies with the user. Where a work is performed publicly, responsibility for lawful use is determined by a written contract concluded between the user, the organizer of the public performance and the person who owns the place where the performance takes place; absent such a contract, these persons bear responsibility jointly and severally.