A theatrical staging agreement is not regulated in Georgia by a separate theatre statute — no such statute exists. An agreement on a staging is determined by the copyright law: the staging is a processed work, its public performance rests on the author's property rights, and where the staging is commissioned the rules of the creation contract apply. This page explains these three pillars on the basis of articles thirteen, eighteen and forty-three of the law.
The Staging as a Processed Work
Under article thirteen, the author of a processed work holds copyright in the processing carried out by that author. The creator of a staging — the director — is the author of their own directorial and scenic decisions, yet must respect the copyright of the author of the underlying work. At the same time, the right of the author of a processed work does not prevent other persons from processing the same work — another theatre may create its own independent staging of the same play.
Property Rights and Public Performance
Under article eighteen, the author or other holder of copyright has the exclusive right to use the work in any manner. This means the right to carry out, permit or prohibit the reproduction, distribution, import, public display, public performance, public transmission, translation and processing of the work. For a stage production the rights of public performance and public transmission are decisive: it is by permission under these rights that a theatre uses a play on stage.
The author has the right to receive an author's honourarium for any use of the work. The amount of the honourarium and the procedure for its payment are established by a contract concluded between the author, the other right holder or the collective-management organization, and the user. Where the organization and the user cannot agree, the honourarium is determined by a commission created by order of the chairman of Sakpatent; its decision may be appealed to court within 2 months of its adoption, although the appeal does not suspend the operation of the decision.
The Creation Contract for a Commissioned Staging
Article forty-three regulates the creation contract: the author undertakes to create a work according to the conditions of the contract and to transfer it to the commissioner, while the commissioner undertakes to accept the work and pay the author an honourarium. The author must create the work personally unless the contract provides otherwise; the involvement of another person is allowed only with the commissioner's consent.
The commissioner must examine the work as soon as the term fixed in the contract expires and notify the author in writing of approval, rejection or the need for amendments. If no written notice is sent to the author within the term, the work is deemed approved. A contract clause restricting the author's right to create a work in the future on a particular theme or in a particular field is void, and the subject of the contract cannot be the transfer of rights over a work that may be created in the future. The property copyright in a work created on commission belongs to the commissioner, unless the contract provides otherwise.
What the Contract Should Determine
The content of a staging agreement follows from these provisions: the parties should determine whether a creation or only a use is at issue — the commissioning of a staging or the licensing of an existing play; what honourarium is paid and at which stages; for what term and territory the staging is used; and they should also record the authorship of the staging and respect for the rights of the author of the underlying work.
Frequently Asked Questions
Questions about stagings most often concern a theatre statute, authorship of the staging and the honourarium.
Does a separate theatre statute exist?
No. The staging agreement is governed by the copyright law — a staging is a processed work, and a commissioned staging is treated as a creation contract.
To whom does the staging belong?
The author of the processed work — the director — holds copyright in the processing but must respect the rights of the author of the underlying work. Another theatre retains the right to process the same work.
What happens if the commissioner does not respond in time?
If no written notice is sent to the author within the term fixed in the contract, the work is deemed approved by the commissioner.
May the author's future creativity be restricted?
No — a clause restricting the author's right to create in the future a work on a particular theme or in a particular field is void.
How We Help on Legal.ge
The Legal.ge team works with theatres, directors and authors: we prepare staging-commission and licensing contracts, structure honourariums and public-performance rights, and ensure that a staging proceeds on lawful grounds.
If you are planning a staging or have a dispute over the rights to a production, write to us on Legal.ge — we will assess the contract and protect your interests in accordance with the law.