The creative work of a singer, musician, actor or other performer is a distinct object of protection under the copyright statute: the chapter on rights neighbouring to copyright gives performers personal and property guarantees over their performances. This page explains who holds neighbouring rights, what rights a performer has over the performance, how they move by contract and for how long they last.
The Essence of Neighbouring Rights
The statute treats neighbouring rights as an independent protection regime. Under Article 45, the protection of rights neighbouring to copyright provided by that chapter does not obstruct the protection of copyright, and neighbouring rights are exercised by way of respect for copyright — no provision of the chapter is interpreted as an infringement of copyright. Protection of the performance thus exists for the performer independently of the author of the underlying work: the performer's right protects the performance, the author's right protects the work.
Subjects and the Absence of Formalities
Article 46 defines the subjects of neighbouring rights: performers, producers of phonograms or videograms, and broadcasting organisations. Producers and broadcasting organisations exercise these rights within the limits of the authority granted by contract with the author and the performer, while the performer exercises them subject to the protection of the author's rights in the performed work. No observance of formalities is necessary for the origin and exercise of neighbouring rights — the right arises from the fact of the performance. To give notice of a right, the phonogram producer or performer may use the protection mark placed on every copy or its packaging, consisting of three elements: the Latin letter in a circle, the name of the right holder and the year of the first publication of the phonogram.
The Performer's Personal and Property Rights
Article 47 grants the performer personal and property rights over the performance: the right to the name; the right to protect the performance from any distortion or other violation that may harm the performer's honour, dignity or business reputation; and the right to use the performance in any form, including the right to receive a royalty for each form of use. The exclusive right of use means the right to permit or prohibit: fixation of a previously unfixed performance; direct or indirect reproduction of a phonogram-fixed performance; transmission on air or by cable; transmission of a fixation not made for profit; rental or other transfer of possession of the original or copies; distribution by sale; and and the transmission by wire or wireless communication so that the performance is available at a time and place chosen by the person — precisely the streaming model. Each use is a separate object of consent, so the scope of a licence matters as much as its existence.
Transfer of Rights and Exhaustion
Permission is granted by the performer, and for the performance of a performers' collective — by the head of such collective, on the basis of a written contract concluded with the user. A contract between the performer and a broadcasting organisation on transmission on air or by cable entails the transfer of the rights of fixation, subsequent transmission and reproduction only where this is directly provided by the contract. A creation contract with an audiovisual producer transfers those rights unless otherwise agreed, limited to the use of the film and not covering separate use of the sound and image. Distribution rights are exhausted by the first sale of copies in Georgia. For a performance created in the course of official duties, the right to the name remains with the performer while the exclusive right belongs to the employer, unless the contract provides otherwise.
Terms of Protection
Article 57 sets the terms. The performer's right lasts 50 years from the first performance; where the performance is lawfully made available by publication or public transmission within that period — 50 years from that fact, and for a phonogram fixation made available — 70 years. The phonogram or videogram producer's right lasts 50 years from the first fixation, or 70 years where made available within that period; the broadcasting organisation's right — 50 years from the first transmission; the database producer's right — 15 years. Where after 50 years from lawful publication the producer fails to offer copies for sale, the performer may terminate the transfer contract. The rights to the name and to respect of reputation are protected without time limit and pass to no heirs. Terms run from the first of January of the year following the relevant fact, and during their validity the rights pass to heirs or successors.
Who is a subject of neighbouring rights?
Under Article 46: performers, producers of phonograms or videograms, and broadcasting organisations.
Is registration needed to protect a performance?
No — neighbouring rights arise without any formality; the protection mark may be used to give notice of the right.
How long does the performer's right last?
For 50 years from the first performance, or 70 years where a phonogram fixation has lawfully been made available to the public; the rights to the name and to respect of reputation are unlimited.
What remains to a performer working on a film?
The audiovisual creation contract transfers use rights within the limits of the film's use and, unless otherwise agreed, does not cover the separate use of the sound and the image.
How We Help on Legal.ge
The Legal.ge team protects performers' interests at every stage — fixation, broadcast, streaming and royalties. We review existing contracts, assess which rights are transferred and which remain with you, defend the performance against unauthorised use and prepare claims where a violation has occurred. Contact us to learn which rights you hold over your performance and how to make users respect them.