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.
Sanctions – Every Part of the Article Separately
Article 189 provides for the following penalties, each part standing on its own:
- part 1 – appropriation of authorship of an object of copyright, or coercion to co-authorship – a fine, or corrective labor for a term of up to two years;
- part 2 – the same act committed more than once – house arrest for a term of six months to one year, or imprisonment for a term of up to three years;
- part 3 – reproduction in violation of the law, or the unauthorized acts with copies, committed with the aim of income in a large amount – a fine, or house arrest for a term of one to two years;
- part 4 – the act provided for by part 3, committed with the aim of income in a particularly large amount, or by a group with prior conspiracy – imprisonment for a term of up to three years.
Under the note to the article, a legal person is punished for these acts by a fine, deprivation of the right to conduct activity, or liquidation and a fine. The rules on individualization of punishment are defined by other norms of the Code.
Aggravating Forms
For plagiarism the aggravating form is commission more than once – in such a case the case moves to part 2. For unauthorized copying the aggravating features are the aim of income in a particularly large amount and commission by a group with prior conspiracy – these forms constitute part 4, where the penalty is imprisonment only, for up to three years.
In such cases the establishment of group commission and of the amount of income is often contested: the participation of several persons in running a website is not enough for group commission – concerted action must be established; and the large amount of income must rest on recorded accounts, not on conjecture.
The Positions of the Rights Holder and the Accused
If your right is being infringed, a lawyer will help you fix the evidence – what work, how and on what scale is being used – and ensure that the case receives proper attention. If you are in the position of the accused, a lawyer will verify the existence of a right of use, the amount of income and whether the case proceeds under the correct part.
It is important to bear in mind that copyright-infringement questions are intertwined with a civil dispute – the boundary runs where the conduct becomes an object of criminal protection. That boundary is drawn precisely by establishing the amount of income and the form of the act.
A Civil Dispute or a Criminal Case
Most episodes of copyright infringement remain within the civil order: the rights holder demands compensation rather than criminal prosecution. A criminal case arises where the conduct carries the signs reflected in the article – in particular, commission with the aim of income in a large amount. This means that a small-scale dispute and a criminal case exist in different legal regimes, and confusing them is a common mistake.
How a Lawyer Assists in Copyright Cases
The lawyers of Legal.ge work on intellectual property cases: we assess the qualification, examine the question of the right of use, the amount of income and the episodes of group commission. An early consultation often determines whether the case proceeds under criminal law at all.