The Legal Balance Among Participants of the Theatrical Process
Theater and performance law brings together the rules that govern the journey from the creation of a production to its public showing, and structures the relationships among the playwright, the theater and the actors. In Georgia this field rests on the Law on Copyright and Neighboring Rights: its Article 17 defines the author's personal non-property rights, Article 18 the author's property rights, including the right of public performance and transmission of the work, and Article 47 the personal and property rights of the performer, including the actor, in the performance.
In stage-law practice three questions dominate: who controls the text and changes to it; by whose consent the production may be shown and transmitted; and what rights the actor has in their own performance. Answers to these questions, in the precise terms of the law, follow.
The Playwright's Personal Non-Property Rights
The author has personal non-property rights in the work (Article 17): the right to be recognized as the author of the work and to demand such recognition in every use; to indicate a pseudonym instead of the name; to decide when, where and in what form to make known the fact of the work's creation; to permit other persons to introduce changes in the work itself, its title and the author's name, and to oppose the introduction of changes without consent (the right of integrity of the work); and to protect the work from any distortion or other violation that may damage the author's honor, dignity or business reputation. A text adapted for the stage is also under this protection: unauthorized changes introduced in a production may prove to be a violation of the right of integrity.
The author also has the right to demand the cessation of use of the work (the right of withdrawal); in that case the author is obliged to publicly declare the withdrawal, it is exercised at the author's expense, and the user must be compensated for damage caused, including lost profit. Personal non-property rights belong to the author independently of property rights and their alienation during the author's lifetime is impermissible.
Public Performance and Property Rights
The author or other holder of copyright has the exclusive right to use the work in any form (Article 18). This means the right to carry out, permit or prohibit the reproduction of the work, its distribution, public display, public performance, public transmission — first or repeated, including by wire or wireless communication so that the work is accessible to any person at a time and place chosen by that person — as well as translation and processing. The showing of a production on stage is precisely a public performance, and the release of a recording on air or online is a public transmission; both require the author's permission. The author has the right to receive an author's remuneration for any use of the work; the amount of the remuneration and the manner of payment are established by agreement between the parties.
The Rights of the Actor as Performer
The performer has personal and property rights in the performance (Article 47): the right to the name; the right to protect the performance from any distortion or other violation that may damage the performer's honor, dignity or business reputation; and the right to use the performance in any form, including the right to receive remuneration for every use. The exclusive right of use of a performance includes permission or prohibition of: the recording of a previously unrecorded performance, the reproduction of a performance recorded on a phonogram, the transmission of the performance on air or by cable, the transmission of a recording, and the distribution of phonograms.
Permission is granted by the performer, and for the performance of a collective of performers by the leader of that collective, on the basis of a written agreement with the user. The effect of an agreement between the performer and a broadcasting organization also matters: an agreement on transmission on air or by cable transfers the rights of recording, retransmission and reproduction only where this is directly provided. The separate use of sound and image in connection with an audiovisual work is regulated as well: such an agreement entails the transfer of the performer's rights, but it is limited to the use of the audiovisual work.
Frequently Asked Questions
Can a play be altered without the author's consent?
No. Introducing changes into a work requires the author's permission; an unauthorized change is a violation of the right of integrity where it distorts the work.
By whose consent may a production be shown?
Public performance is the author's exclusive right — showing, transmission and recording rest on permission, and the remuneration is determined by agreement.
What remains with the actor in the performance?
The right to the name, the right to respect of reputation and the right to remuneration; for a performance made in the course of duty, the exclusive right of use passes to the employer unless otherwise provided by agreement.
Can personal non-property rights be alienated?
No — during the author's lifetime it is impermissible; they exist independently of property rights.
How We Help on Legal.ge
In a theatrical project every participant — the author, the theater and the performer — needs a legal understanding of their own position. On the Legal.ge platform you can find an experienced copyright and contract law lawyer who will help you prepare the staging agreement, structure the permissions and conduct a dispute in case of infringement. Choose a specialist and protect your creative and performance interests.