The organization "Young Barristers" publishes the results of research on the issues of challenges, analysis of current reality and trends in the field of copyright and related rights, which concerns the study of attitudes related to copyright associations and the registration system.
According to the head of "Young Barristers", Archil Kaikatsishvili, the interest in the research was determined, on the one hand, by the ongoing discussion on the issue in the field of law, on the other hand, by the number of disputes in common courts and the analysis of legislation. The document covers current issues, such as the practice of using copyright protection organizations and the study of satisfaction with services, the importance and attitudes of copyright protection, data comparison. Accordingly, the purpose of the research, instead of preconceived notions, in a democratic society, in relation to the issue, is to promote the emergence of objective views and a healthy discussion, so that the author and the performer, the business and the service sector have the opportunity to develop in a protected legal environment and competitive relations.
"Young Barristers" explains that the research methodology was based on the study of the opinions of the performers and authors of musical works on the one hand, and the managers and owners of facilities using copyrighted works (music, repertoire) on the other hand. Respondents agree that copyright protection is important both to respect artists and to provide them with a source of income. Within the scope of the research, it was revealed that among business representatives there is a lack of information about copyright protection in the country and organizations operating in this field. To the question of what kind of problems there are in Georgia in this respect, some of the respondents have no answer. Some think that the problem is improper enforcement of the law and lack of control. There is no unequivocal position regarding to whom the process should be submitted: to any copyright protection organization, court, lawyer, state agencies or others.
According to the results of the research, the majority of authors-performers (46% vs. 39%) believe that there can be several copyright management associations with the possibility of voluntary union in accordance with the fields. A majority also welcomes the same association for copyright accounting and salary distribution (62% v.s. 24%). A large share of the respondents (65% vs. 16%) believe that the salary of the author-performer should be paid in proportion to the actual use of the works, the performed repertoire. Authors are not familiar with payroll accounting and salary distribution capabilities. As a result, they believe that copyright should be among the priority issues of the state (88% vs. 5%).
At the same time, the research shows that the satisfaction of the users of the two associations operating in the direction of copyright protection (Gera and Jisei) at the moment is different. Author-performers who are members of Gera are satisfied with their cooperation (8.38 points) and recommend it (8.78 points). According to them, the company has professional employees, they keep their promises and stand by them, they have a simple, transparent scheme for calculating fees, and the money is received every month. It is significant that almost half (46%) of Gera's users today are authors-performers who have joined alternative companies in the past and left the old organization for various reasons. According to them, they receive a much higher salary (3-6 times more) at Gera and feel appreciated.
As for Jisei, with which the level of satisfaction is determined by 6.95 points, it is evaluated relatively critically by its own users. Despite emphasizing the competence of the management/employees, as well as the experience and motivation to protect authors' rights, the reason for dissatisfaction is the complicated, vague salary calculation scheme. It is noted in the study that in case of a request for an explanation of the scheme, some respondents have the experience of receiving a rude or humiliating answer. Jisei deserves a low rating because of the amount of payment, which in turn is paid every 3, 6 months, once a year or not at all. Some explain this situation by their own inactivity and the influence of the pandemic, while some see the solution in moving to Gera.
The study separately responds to the issue and problem of accounting for the use of copyrights, where the opinion of business representatives becomes important. They note that it is important to take into account seasonality, load level, which the principle of counting seats cannot provide. The principle of accounting according to the sound of music is less worthy of approval among them. It is established that accounting according to squareness is relatively acceptable for users among the schemes. In such a case, the users think that the transparency of the issue would be ensured by fixing the squareness in the lease agreements. The advantage of this scheme is that, depending on the load, there is a difference between the payment of large and small objects. It is established that, due to the long period of operation in the market, Jisei has the experience of long-term cooperation with business representatives, although in this case, a certain part of its customers use the services of "ROZUM", which is an innovative service, the only means for licensed music and video decoration of public spaces in Georgia.
"Young Barristers" prepared the presented report on the problematic issues of copyright in cooperation and participation with the global research and management consulting company "ACT". Expertise of the issue was carried out by a team of professionals, whose goal was to collect accurate data and widely present the problem to the public, and work on the document was ongoing for 3 months. The study is the first serious business document that will be offered to the public, interested members and users of all sectors involved in the field. In addition, it is provided to executive, legislative and judicial authorities, business representatives, author and performing organizations, associations, diplomatic corps and international organizations, media. The document is also available through the organization's official website.