Publishing law rests on the Law on Copyright and Neighbouring Rights: every stage of a book, journal or digital edition — from manuscript to printed or electronic copy — is governed by the provisions of that law. For a publisher four questions are decisive: what counts as a protected object, which categories the protection covers, how copyright arises, and who is presumed to be the author. This page explains these foundations on the basis of articles five, six, nine and ten of the law.
What Is an Object of Copyright
Under article five, copyright extends to works of science, literature and art that are the result of intellectual-creative activity, irrespective of the purpose, merit, genre, volume, form or means of expression of the work. This means that literary quality is irrelevant to protection — it is enough that the text is the result of creative effort. The right covers a work existing in objective form, regardless of whether it has been published or made publicly known.
Copyright, however, does not extend to ideas, methods, processes, systems, means, concepts, principles, discoveries or facts, even where they are expressed, described or explained in a work. For a publisher this means that a topic, the concept of a plot or informational material belongs to no one as such — only the concrete form, the text itself, claims protection.
Categories of Works in Publishing
Article six lists the objects most frequently encountered in publishing practice: literary works — a book, brochure, article, computer program; dramatic and stage works; musical works with or without text; photographic works; maps, plans and illustrations; processed works — translations, adaptations, reviews, compilations; and composite works — collections, encyclopedias, anthologies, databases — which are the result of creative effort in the selection and arrangement of material.
Two rules deserve emphasis: processed and composite works are protected equally with the original work, and the protection of a computer program extends to every kind of program, including operating systems, in any language and form, including source text and object code. A translation and an electronic database are thus full-fledged objects of protection to the same extent as the original.
How the Right Arises, Without Formalities
Article nine provides that copyright in a work arises from the moment of its creation. A work is considered created when it is expressed in some objective form that permits its perception and reproduction. Neither registration of the work, nor special registration of rights, nor compliance with any other formality is necessary for the origin or the exercise of copyright. For a publisher this means that a manuscript enjoys protection from the moment the contract is concluded; the publishing contract does not create the right — it only regulates the rights transferred.
To give notice of the right, the holder may use the copyright notice placed on every copy of the work, composed of three elements: the lettered sign enclosed in a circle, the name of the right holder, and the year of the first publication of the work. The notice is not mandatory — its absence does not deprive the work of protection.
The Presumption of Authorship
Article ten regulates who is deemed the author in the event of a dispute. A person properly indicated as the author on the original or a copy of the work is presumed to be the author unless the contrary is proven. This rule applies equally to publication under a pseudonym, where the author is generally known by that pseudonym.
Where a work is published under a pseudonym by which the author is not generally known, or anonymously, the publisher whose name or designation is properly indicated on the work is deemed to represent the author. As a representative, it has the right to defend the author's rights and to ensure their exercise — until the author reveals their identity. In publishing practice this rule gives the publisher an instrument for protecting anonymous material.
Frequently Asked Questions
Questions about publishing law most often concern the object of protection, the need for registration and the establishment of authorship.
Is registration of a work necessary for protection?
No. Copyright arises from the moment of creation, and neither registration nor any other formality is required for its exercise.
Does the law protect the topic or idea of a book?
No. Ideas, methods, concepts and facts are not objects of protection, even where expressed in a work. Protection concerns the concrete form — the text that is the result of creative effort.
Who proves authorship if the matter goes to court?
The person properly indicated as the author on the work is deemed the author unless the contrary is proven; another person may rebut this presumption with evidence.
What happens with an anonymous work?
The publisher whose name is indicated on the work is deemed the author's representative and defends the author's rights until the author reveals their identity.
How We Help on Legal.ge
The Legal.ge team assists authors, translators, publishing houses and digital platforms in structuring publishing relationships: we determine what the object of protection is, prepare licences and copyright contracts, and ensure the proper application of the presumption of authorship.
If you are planning a publication, acquiring translation rights or facing a publishing dispute, write to us on Legal.ge — we will assess your situation and propose solutions based on the legislation in force.