A publishing agreement is a contract between an author and a publisher that settles which rights over the use of a work are transferred and on what conditions. Georgian copyright law regulates these contracts in three directions: through the publisher's exclusive rights over periodical and encyclopaedic editions, through the mandatory content of the licence contract, and through the requirement of written form. This page explains these rules on the basis of articles fourteen, forty and forty-two of the law.
The Publisher's Exclusive Rights
Under article fourteen, publishers of encyclopedias, encyclopaedic dictionaries, scientific works, periodical and continuing collections, newspapers, journals and other periodical editions hold the exclusive right to use the works included in those editions. The publisher is entitled, upon any use of such works, to indicate its own name or to demand such indication.
The use by another person of a work included in a newspaper, journal or other periodical edition is impermissible without the consent of the publisher of that edition or of the author of the work, except in the cases provided for by the law. Where exclusive material published in the press or another mass-information medium is used by another medium, reference to the medium in which the material was first published is mandatory. At the same time, the authors of works included in those editions retain the exclusive right to use their own works unless the copyright contract provides otherwise — the publisher's right and the author's retained right exist alongside each other.
The Essential Terms of the Licence Contract
Article forty provides that a licence contract must stipulate an exact description of the work to be used — its title, volume and genre — the concrete type of use of the work, the term and territory of the contract, the procedure for determining the amount of the honourarium or its amount for each type of use, the procedure and time-limit for its payment, and any other terms the parties regard as essential. This list is a minimum substantive framework: ignoring it makes the contract contestable.
The right to use the work in every manner not directly provided for in the licence contract belongs to the author or the other holder of the copyright. Where the concrete type of use is not indicated in the contract, it is deemed concluded for such use as may be considered necessary for the fulfilment of the parties' intention at the time of its conclusion.
Term, Territory and Print Run
Where the licence contract does not provide for its term, the contract may be terminated by the author or the other copyright holder after 3 years from its conclusion. The licensee must be notified in writing 6 months before the termination of the contract. Where the territory is not provided for, the contract operates only within the territory of Georgia. The transfer of the rights granted under the licence contract to other persons, in whole or in part, is allowed only where this is directly provided for in the contract.
Where the honourarium for the reproduction of a work is fixed in the licence contract as a lump sum, the contract must determine the maximum print run of the work — a rule that protects the author from unlimited printing within the bounds of a fixed fee.
The Written Form
Article forty-two requires that a contract on the transfer of copyright, a contract on the creation of a work and a licence contract be concluded in writing. A single exception exists: a licence contract on the use of a work in periodical print editions may be concluded orally. In every other case the written form is mandatory, and its absence leads the parties into disputes over the existence and content of their obligations.
Frequently Asked Questions
Questions about publishing agreements most often concern form, term, and the fate of rights not written into the contract.
May a publishing licence be concluded orally?
Only for the use of a work in periodical print editions. For contracts on the transfer of copyright, on the creation of a work, and other licence contracts, the written form is mandatory.
Who keeps the rights not included in the contract?
The right to use the work in every manner not directly provided for in the contract belongs to the author or the other copyright holder.
What happens if the term is not stated in the contract?
The author may terminate the contract after 3 years from its conclusion, having notified the licensee in writing 6 months before termination.
Which territory does the contract cover if none is indicated?
Only the territory of Georgia; extension to other territories must be provided for separately.
Why must a maximum print run be written in?
Where the honourarium for the reproduction of a work is fixed as a lump sum, the contract must determine the maximum print run — the rule protects the author from unlimited printing within the bounds of a fixed fee.
How We Help on Legal.ge
The Legal.ge team drafts and reviews publishing agreements: defining licence terms, honourarium rules, the determination of print run and territory, and the demarcation of the rights of the publisher of a periodical edition and of the author.
Whether you are a publisher or an author facing the conclusion of a publishing agreement or a dispute over one, write to us on Legal.ge — we will assess the terms and protect your interests in accordance with the law.