Open source development and copyright law
Open source development rests on the assumption that program code can be distributed, studied and developed collectively through modification. In Georgia this practice fits within the framework of the Georgian Law on Copyright and Neighbouring Rights — and it is precisely that law's free-use norms that form the legal foundation of the open-source ecosystem. This page examines what rights lawful owners of code have and how joint, open project development is arranged under the rules of copyright.
The starting position is simple: a computer program is an object of copyright, and its use generally requires the author's consent. The open-source model, however, is built precisely on the fact that the law itself establishes cases where the lawful owner uses the program without separate permission from the author — and open licences stand on this foundation.
The rights of the lawful owner regarding the program
Under the first paragraph of Article 28 of the law, a person who lawfully owns a copy of a computer program or database has the right, without the consent of the author or other copyright holder and without payment of an author's royalty, to introduce changes necessary for the functioning of the user's technical means; to carry out any action connected with the functioning of the program, including writing and storage in computer memory; and to correct obvious errors, unless the copyright contract provides otherwise.
The same paragraph also permits the making of a backup copy — on condition that it is intended solely for archiving and for replacing a lost, destroyed or unusable copy. The backup copy may not be used for a purpose different from the established rules and must be destroyed as soon as the right of ownership ceases. In open-source projects this norm means that the lawful user of code naturally acquires the right to adapt and back it up.
Decompilation for interoperability
Article 29 regulates decompilation — the transformation of object code into source text. The lawful owner is entitled, without the author's consent and without a royalty, to carry out decompilation and to entrust it to other persons where this is necessary for achieving interoperability between an independently created program and other programs.
This right is limited by four conditions: the actions must be carried out by a person who had the right to use the program; the information necessary for interoperability must not previously have been available from other sources; the actions must concern only those parts of the decompiled program that are necessary for achieving interoperability; and the information obtained may be used only for achieving interoperability — it may not be transferred to others or used to develop a new program substantially similar to the decompiled one. In the open-source context this norm is the legal boundary of compatibility engineering.
Free use of databases and co-authorship
Under Article 30, the lawful user of the original or a copy of a database may, without the consent of the author or other copyright holder, carry out the actions permitted by law where this is necessary for access to the database and its normal use. Where the user has the right to use only a part of the database, this right extends only to that part.
The question of joint development is resolved by Article 11: copyright in a work created as the result of joint intellectual-creative activity by two or more persons belongs jointly to the co-authors — regardless of whether the work constitutes one indivisible whole or consists of parts each of which has independent significance. The relations of the co-authors are determined by the agreement concluded between them, and no co-author has the right to prohibit the use of the work without sufficient grounds. Each co-author has the right to use the part of the work created by him which has independent significance.
How to build the legal foundation of an open project
The practical conclusions are as follows. First: between the participants of an open project, a co-authorship agreement or licence conditions must be defined in writing — the law regulates the relationship by contract, and empty space here is a risk of conflict. Second: adapting a received copy of code, correcting obvious errors and making a backup copy are lawful — but use for another purpose requires a licence. Third: decompilation is permitted only for interoperability and under clear conditions.
The Legal.ge team will help you arrange the legal side of open-source projects: selecting licences, shaping the rules of participation and defining the boundaries of copyright within which open development can lawfully be arranged.
Frequently Asked Questions
Below are the most frequent questions on this topic.
May a program be modified without the author's consent?
Yes — the lawful owner may introduce changes necessary for the functioning of technical means, correct obvious errors and make a backup copy — unless the contract provides otherwise.
When is decompilation permitted?
Only for achieving interoperability between an independently created program and other programs, under four conditions: the right of use, unavailability of the information from other sources, action only on necessary parts, and use of the information only for that purpose.
Who owns a jointly created work?
The co-authors jointly. Their relationship is determined by agreement, and each has the right to use his own part of independent significance.
What may the lawful user of a database do?
The actions permitted by law that are necessary for access and normal use — without the author's consent. Where the right concerns a part, it extends only to that part.
How We Help on Legal.ge
The lawyers of Legal.ge help you with the legal foundation of an open project: we define the circle of copyright rights, assess the conformity of licence conditions and prepare documentation that makes the boundary between code and law clear. Contact us early — a correct foundation will not need rethinking later.