Georgian Copyright Association (GCA) STATUTE
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Georgian Copyright Association (GCA) Collective Management Organization STATUTE 2012 Tbilisi 1. General Provisions 1.1. The Georgian Copyright Association (GCA) is a voluntary union, non-profit legal entity (hereinafter the Association), established in order to achieve the goals set by the present Statute and protect the interests of the copyright and/or neighboring rights holders, and/or their assignees/successors, who entered the Association for the purpose of performing joint activities. 1.2. The Association exists, is managed and functions in compliance with the Statute of the Association, Constitution of Georgia, current legislation of Georgia and universally recognized principles of the international law. 1.3. The full title of the Association is The Georgian Copyright Association – organization managing the property rights on a collective basis, abbreviated as the Georgian Copyright Association – Collective Management Organization, GCA. 1.4. The Georgian Copyright Association – is the Collective Management Organization is the legal successor of the union - The Georgian Authors’ and Performers’ Rights Society (GESAP) – Collective Management Organization registered on the basis of the Decision No2/9-152 of 16th August 1999 of the Tbilisi Didube-Chughureti District Court, and of the union - The Georgian Authors’ Society (SAS) – Collective Management Organization N1, which renewed its registration on the basis of the Decision N585 of the 17th February, 2006 of the Ministry of Justice of Georgia. 1.5. The legal address of the Association is: 123, Aghmashenebeli Ave., Tbilisi, Georgia 1.6. Accounting year is a calendar year. The period between the date of registration of the Association and the 31st December of the registration year makes an incomplete accounting year. 1.7. The Association is established as from the moment of registration and shall exist for an indefinite term. 1.8. After registration the Association obtains the status of a legal entity and the authority to perform the activities allowed for by the legislation. The Association has settlement, foreign currency and other accounts in a banking institution. The Association may also have a stamp. The Association is entitled to acquire various property and private non-property right, act on own behalf dealing with any third parties, act as a plaintiff or defendant in the court. The Association is fully independent in dealing with issues related with the organization internally, own sources and property management. 1.9. According to its goals and purposes, the Association acts with no limit to territorial principle. 2. Founders of the Association: 2.1 The founders of The Georgian Society of Authors’ and Performers’ (GESAP) registered on the basis of the Decision No2/9- 152 of 16th August 1999, of the Tbilisi Didube-Chughureti District Court are: 2.1.1 Vazha Azarashvili, born on 13.07.1936 in Tbilisi, ID N0102402646, composer, residing at 20a, Alexander Kazbegi Ave., suite 33, Tbilisi, Georgia; 2.1.2 Nodar Malazonia, born on 27.04.1929 in Ozurgeti, ID N01001000607, painter, residing at 55, Gamrekeli Street, Tbilisi, Georgia; 2.1.3 Elguja Shapatava, born on 27.01.1951 in Tbilisi, ID N01020004601, engineer technologist, teacher, copyright lawyer, residing at building 2, Delisi III Street, suite 7, Tbilisi, Georgia; 2.1.4 Anzor Kutateladze, born on 05.01.1933 in Tbilisi, ID N010251804, director, residing at 75, I. Chavchavadze Ave., building 4, suite 34, Tbilisi, Georgia; 2.1.5 Giorgi Gunia, born on 19.10.1938 in Tbilisi, ID N01017006035, theatre designer, residing at 24, G. Tabidze street, Georgia; 2.1.6 Jumber Amanatashvili, born on 06.02.1966 in Tbilisi, ID N01014001463, author/performer, residing at 9/14, Moscow Ave., Tbilisi, Georgia; 2.1.7 Tamar (Tamuna) Jokhadze, born on 06.09.1973 in Tbilisi, ID N01024006637, author/performer, residing at 103, A. Tsereteli Ave., Tbilisi, Georgia; 2.1.8 Tinatin Heine, born on 20.07.1941 in Tbilisi, ID N01030004393, painter, set designer, art scientist, residing at 16, 2nd Bukhadze Lane, Tbilisi, Georgia; 2.1.9 Marina Mgaloblishvili, born on 18.01.1949 in Tbilisi, ID N01020679231, copyright lawyer, literature specialist, translator, residing at 3/5, Galaktioni Street, Tbilisi, Georgia; 2.1.10 Giorgi Margvelashvili, born on 25.03.1958 in Kutaisi, ID N01030007587, director, residing at 20/45, NInoshvili Street, Tbilisi, Georgia; 2.1.11 Jemal Kereselidze, born on 23.05.1943 in Kutaisi, ID N01005005798, philologist-journalist, residing at 1, Dgebuadze Street, Tbilisi, Georgia; 2.1.12 Nugzar Vatsadze, born on 19.06.1937 in Tbilisi, ID N01020006349, composer, residing at 11, Saakadze Street, Tbilisi, Georgia; 2.1.13 Baadur (Bacha) Malazonia, born on 04.12.1965 in Tbilisi, ID N01007014823, design artist, photography graphics specialist, residing at 55, Gamrekeli Street, Tbilisi, Georgia; 2 2.1.14 Giorgi Macharashvili, born on 14.11.1956 in Batumi, ID N01009007661, actor, song author/performer, residing at III Block Vazha Pshavela Street, building 25, suite 46, Tbilisi, Georgia; 2.1.15 Merab Merabishvili, born on 20.09.1946 in Tbilisi, ID N01024027011, composer, residing at 41, Alexander Kazbegi Ave., Tbilisi, Georgia; 2.1.16 Lali Sultanishvili, born in 1948 in Tbilisi, ID N01017043330, philologist-orientalist, residing at 29, Vertskhlis Lane, Tbilisi, Georgia; 2.1.17 Alex Chikadze, born on 20.08.1956 in Tbilisi, ID N01019005910, biologist, IT specialist, residing at 10, Toroshelidze Street, Tbilisi, Georgia; 2.1.18 Teimuraz Khutsishvili, born on 25.02.1948 in Tbilisi, ID N01024614337, art designer, residing at 7, Pirveli Kheivani Street, Tbilisi, Georgia; 2.1.19 Omar Mindorashvili, born on 27.03.1943 in Tbilisi, ID N01030010558, composer, residing at 44, Iv. Javakhishvili Street, Tbilisi, Georgia; 2.1.20 Anzor Erkomaishvili, born on 10.08.1940 in Batumi, ID N01015001522, choir condictor, residing at 21, Abano Street, Tbilisi, Georgia; 2.1.21 Teimuraz Tarimanishvili, born on 05.01.1954 in Antoki Village, Sagarejo Region, ID N01020011177, lawyer, residing at 23, Gorda Street, Tbilisi, Georgia; 2.1.22 Nanuli Koriauli, born on 16.08.1955 in Magraneti Village, Tianeti Region, ID N01023009338, artist-sculptor, residing at 34, Guramishvili Street, suite 7, Tbilisi, Georgia; 2.1.23 Zurab Gvishiani, born on 18.11.1963 in Tbilisi, ID N01007002713, engineer, associate professor, residing at 101-58 Ak. Tsereteli Ave., Tbilisi, Georgia; 2.1.24 Lina CHaduneli, born on 22.12.1964 in Kaspi, ID N0103254098, engineer-economist, residing at 10, Janashia Street, Tbilisi, Georgia; 2.1.25 Lili Katamashvili, born on 20.04.1951 in Tbilisi, ID N01013003684, accountant, residing at TEMKA Settlement, block 4, building 8, suite 82, Tbilisi, Georgia; 2.1.26 Simon Tsintsadze, born on 20.10.1939 in Tbilisi, ID N01038184880, musicologist, residing at 66, L. Asatiani Street, Tbilisi, Georgia. 3. Goals of the Association 3.1 The goals of the Association are: 3.1.1 Implementation and protection of copyright and/or neighboring rights. 3.1.2 Elimination and further prevention of illegal usage of copyright and/or neighboring rights. 3.1.3 Introduction of a unified system of copyright and/or neighboring rights’ collective management and usage and development of planning policy. 3.1.4 Collective management of the property rights of the copyright and/or neighboring rights holders and/or their successors in accordance with the rules set forth by international and local legislation and agreements concluded with the authors. 3.1.5 Supporting establishment of effective regulative environment in the field of execution of copyright and/or neighboring rights. 3.1.6 Supporting establishment of transparent and competitive environment for subjects (users) involved in the field of execution of copyright and/or neighboring rights. 3.1.7 Supporting the development of copyright and/or neighboring rights execution market and distribution network. 3.1.8 Implementation of commercial and non-commercial projects and individual entrepreneurial activities in cooperation with various international organizations, Georgian and foreign physical and legal entities, for the purpose of achieving the goals of the Association. 4. Activities of the Association 4.1 In order to achieve the goals set forth by the present Statutes, the Association shall implement the following activities: 4.1.1 For the purpose of a collective management of the copyright and/or neighboring rights, conclusion of relevant agreements with the holders of such rights or their successors. 4.1.2 For the purpose of a collective management of the copyright and/or neighboring rights, establishment of reciprocal representation agreements with similar foreign associations and organizations and implementation of such representation. 4.1.3 In the process of a collective management of the copyright and/or neighboring rights, issuance of permissions for all the works reserved by copyright and/or neighboring rights, included into the repertoire of the Association or prohibition of unlicensed usage of such objects. 3 4.1.4 Conclusion of agreements/contracts with the copyright and/or neighboring rights holders and issuance of licenses in accordance with the Georgian legislation. 4.1.5 In accordance with the authority granted by the copyright and/or neighboring rights holders, collection of the honoraria of copyright and/or neighboring rights holders and/or their successors and distribution of these honoraria among them. 4.1.6 Implementation of monitoring of usage of the copyright and/or neighboring rights, systematization of information, creation of data-bases and provision of information accessibility. 4.1.7 Ensuring provision of information on current situation and development prospective in the field of copyright and/or neighboring rights in Georgia to all the interested parties. 4.1.8 Provision of consultancy on the issues related to intellectual property usage for the copyright and/or neighboring rights holders and the users. 4.1.9 Protection of the copyright and/or neighboring rights holders in case of illegal usage of such rights, including their representation to the courts. 4.1.10 Assistance to the copyright and/or neighboring rights holders and users in execution or acquiring of such rights both in Georgia and abroad.