All-Russian Non-Governmental Organisation “Russian Authors’ Society” (RAO) and Georgian Copyright Association (GCA), which is the successor of Georgian Society of Authors and Performers (GESAP), in order to ensure the protection of rights and interests of authors of works in the territory of Georgia and the Russian Federation, have entered into the mutual representation agreements (hereinafter referred to as the Agreements) in the following fields:
in the field of public performance (junior rights) of 30 May 2002;
in the field of mechanical recording of July 25, 2002;
in the field of senior rights of July 25, 2002.
In accordance with the terms and conditions of the Agreements GCA and RAO have assumed mutual obligations to collect and distribute the fees in favour of the authors of the works included in the catalogue of RAO and GCA. The settlements between RAO and GCA under the Agreements should be made 2 times a year, but not later than 3 months following the end of each half-year period. The parties also undertake to exchange the distribution lists that allow for determination of fee amounts.
For a long period of time, RAO has been receiving complaints from Georgian authors of works in connection with what they consider to be incorrect GCA’s work on royalty payment. In addition, RAO receives appeals from GCA member authors concerning the non-payment by GCA of the fees collected in the Russian Federation through RAO.
In this case, RAO transfers the fees in favour of such authors to GCA and indicates all information necessary for their identification in the distribution lists.
The main principles of RAO’s activity are transparency, openness and prevention of abuse in collection, distribution and payment of royalties. RAO must take reasonable and sufficient measures to protect the interests of authors/rightholders and their right to receive legal royalty from the use of results of creative work.
Unfortunately, GCA’s activities can not be described as meeting modern technological standards in the field of collective management of intellectual property rights, which guarantee fair and timely distribution and payment of royalties to rightholders.
The above circumstances make it impossible for RAO to continue cooperation with GCA, including the representation of rights and interests of Russian authors in the territory of Georgia.
In view of the above, please be informed about the termination of the mutual representation agreements previously entered into between RAO and GCA in the field of public performance (junior rights) of 30.05.2002, in the field of mechanical recording of 25.07.2002, in the field of senior rights of 25.07.2002, with effect from March 08, 2019.