Copyright Infringement and "Piracy" – How the Law Assesses It
The popular word "piracy" legally means the infringement of copyright: the unauthorized distribution and use of copies of works, phonograms, videograms or databases. Such conduct is assessed under Article 189 of the Criminal Code of Georgia, which protects the rights of the holder of copyright and related rights and of the database maker. In the digital age this sphere is particularly topical – unauthorized copying and distribution cause large-scale damage to rights holders.
The article unites two directions. The first is plagiarism: the appropriation of authorship of an object of copyright, or coercion to co-authorship. The second is unauthorized copying and distribution: the reproduction of a work, phonogram, videogram or database in violation of the Georgian law on copyright and related rights, or the unauthorized acquisition, import, storage, sale, rental, transfer of copies, and other infringement of the rights holder's right.
What the Prosecution Must Prove – the Elements
In a plagiarism case the prosecution must prove the appropriation of authorship – that the person declared another's work under his own name or coerced another into co-authorship. In an unauthorized-copying case – that the conduct exceeded the scope permitted by law and was committed with the aim of receiving income in a large amount. Each element is established by evidence – contracts, licenses, the history of use.
The defense position is often built precisely on the absence of authorization: whether a right of use existed – a contract, a license or a case provided for by law. The second task is verifying the amount of income: the note to the article provides that an act is considered committed with the aim of income in a large amount where the value of the copies, or the income receivable in the case of lawful use, exceeds five thousand GEL, and in a particularly large amount – where it exceeds ten thousand GEL.