In today’s globalized and technologically advanced world, the protection of copyright has become increasingly crucial. As organizations struggle to combat breaches and exposures, the average cost of data breaches reached a record high of $4.45 million in 2023, highlighting the urgency to safeguard intellectual property. However, it is not only copyright infringements that have come under scrutiny but also the regulatory frameworks governing this sector. Georgia, for instance, has been grappling with copyright reform, aiming to align its legislation with international standards.
The Current Situation:
Georgia’s government initiated the process of updating copyright regulations in 2019, seeking to ensure compliance with international norms and practices. Although new legislation has been introduced, delays caused by factors such as the Covid-19 pandemic, the conflict in Ukraine, and alleged lobbying by international organizations have hindered its progress. The Georgian Copyright Association (GCA), responsible for overseeing copyright in the country, has faced criticism for inadequacies in existing legislation and perceived ambiguity in the draft government legislation, resulting in interpretation issues and industry challenges.
The Proposed Legislation:
The bill for copyright reform is built on three fundamental principles: transparency, good governance, and accountability. Various entities, including the National Intellectual Property Centre of Georgia (Sakpatenti), the Commercial Law Development Program (CLDP) of the United States Department of Commerce, and the Economic Governance Program and Economic Security Program of the United States Agency for International Development (USAID) and the European Union, have collaborated to prepare these changes. While the bill enjoys the support of many Georgian authors and composers, conflicts arising from alleged infringement of legal rights, unpaid royalties, and dissatisfaction with the GCA’s influence have led some creators to leave the association.
Divided Opinions and the Conflict:
The issue of copyright reform in Georgia has sparked a heated debate between those advocating for necessary changes and the umbrella representative body for authors. Supporters of the legislation argue that it is crucial to align Georgian law with international and EU norms. They highlight the involvement of reputable US entities like USAID and CLDP, alongside Georgian lawmakers and experts, in the bill’s preparation. However, objections to the proposed legislation have also emerged. The International Confederation of Societies of Authors and Composers (CISAC), IFFRO, and SCAPR have voiced concerns about identified shortcomings, deficiencies, and inconsistencies. These organizations have called for the withdrawal of the current draft amendments, arguing for an inclusive consultation process that involves both local and international stakeholders.
The Path Forward:
As the first of the former Soviet republics to establish a national patent service, Georgia has a history of acknowledging the significance of intellectual property. The National Intellectual Property Centre of Georgia (Sakpatenti) plays a vital role in formulating policy and addressing deficiencies in the existing copyright and related rights management system. In collaboration with key stakeholders, including foreign experts and the Culture Committee of the Parliament of Georgia, Sakpatenti has prepared a package of legislative amendments aimed at enhancing collective rights management. These amendments are expected to be reviewed by the Parliament in the near future.
The journey towards copyright reform in Georgia has encountered various obstacles, including delays, allegations of power struggles, and dissatisfaction among creators. As the nation strives to bridge the gaps in its copyright legislation, the importance of international best practices and EU norms has come to the forefront. The debate surrounding the proposed amendments continues, with opposing views on the need for revisions or a complete overhaul. In the pursuit of protecting the interests of Georgian authors and composers, it is imperative that stakeholders engage in meaningful dialogue and work towards a collective resolution.
Market Capital Research 