A recording agreement is not regulated in Georgia by a separate statute — no special legislative type of recording contract exists. On the artist's side, the deal rests on the performer's fixation and remuneration provisions of the copyright law, together with ordinary contract law. This page explains the artist's position on the basis of articles forty-seven, forty-two and forty-four of the law.
Recording Requires the Performer's Consent
Article forty-seven provides that the performer holds personal and property rights in the performance: the right to the name; the right to the respect of reputation — protection of the performance against any distortion 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 remuneration.
The exclusive right of use means the right to permit or prohibit the fixation of a performance not previously fixed. This means that a studio session is recorded only with the artist's consent — fixing an unfixed performance without prior agreement is impermissible. Permission is granted by the performer — and, for the performance of a collective, by the head of that collective — on the basis of a written contract concluded with the user. It should also be noted that a contract with a broadcaster on transmission transfers the rights of recording and subsequent use only where this is directly provided for in the contract, and the amount of the remuneration is likewise determined by that contract.
Use after the recording is governed by the same provision: the direct or indirect reproduction of a performance fixed on a phonogram, its transmission by air or cable, the rental of the recording, the distribution of the original and copies by sale or other transfer of property, and the making available of the performance to a person at a time and place chosen by that person — each of these forms requires the performer's permission and remuneration. The exclusive rights provided by this article may be transferred by contract to another person, which is why the recording deal should break this list down and record consent on each point.
The practical conclusion for the artist is this: the contract must determine which performance is recorded, who owns the recording, in which forms it will subsequently be used — reproduction, distribution, broadcasting, making available — and the amount and payment procedure of the remuneration for each form. Where terms are unwritten, interpretation shifts to the general norms of the law, replacing bargaining power with the rule.
The Written Form
Article forty-two requires that contracts on the transfer of copyright, on the creation of a work and licences be concluded in writing. A recording and release deal is likewise captured by this form: the oral form is admissible only for the use of a work in periodical print editions. For the artist this is a guarantee: the written contract records which performance is being recorded, in which forms it will be used, and what remuneration is due.
Consequences of Breach
Article forty-four provides that a party that has not performed or has improperly performed an obligation under a contract of transfer of property rights, creation of a work or a licence must compensate the other party for the damage caused, including lost profits. Where an honourarium goes unpaid or the performance is used beyond the agreed scope, the artist claims full compensation.
Frequently Asked Questions
Questions about recording deals most often concern consent, form and remuneration.
Whose consent is needed to record a performance?
The performer's — the fixation of an unfixed performance occurs only with permission; for a collective performance, permission is granted by its head.
May a recording contract be concluded orally?
No — licence and rights-transfer contracts are concluded in writing; the oral form is admissible only in periodical print editions. For a performance created in the performance of a service obligation or an employer’s assignment, the right to the name belongs to the performer, while the exclusive right of use belongs to the person with whom the performer has an employment relationship, unless the contract provides otherwise.
What happens in a deal with a broadcaster?
A contract on transmission transfers the recording and subsequent-use rights only where this is directly written into the contract. By the first sale of copies of a phonogram in Georgia, the performer’s right over their further distribution within the country is exhausted.
What compensation does the artist receive on breach?
Full compensation of damage — including lost profits.
Who holds the rights over a service performance?
The right to the name — the performer; the exclusive right of use — the employer, unless the contract provides otherwise.
How We Help on Legal.ge
The Legal.ge team works with artists and producers: we draft recording contracts, structure remuneration and ensure that the fixation and use of a performance occur only within the agreed scope.
If a recording contract awaits signature or your performance has been used without rights, write to us on Legal.ge — we will assess the situation and defend you on a legal footing.