Legal regulation of distribution of audio-visual work on the example of Adjaranet.com & iMOVIES.GE
Distribution of audio-visual content in our daily lives, especially through digital platforms, is a noticeable trend. The creation and sharing of such content are closely linked to the availability and distribution of copyrighted works. Unauthorized distribution of audio-visual works has become a significant issue in this digital age.
Unauthorized dissemination of audiovisual content has considerably diminished the efficacy of copyright protection mechanisms. Presently, a substantial 60% of internet traffic derives from unlawful distribution channels, encompassing the unauthorized diffusion of musical compositions, cinematic productions, and literary works. This unpermitted distribution of audiovisual content empowers the populace to replicate and archive copyrighted materials on an unprecedented scale, all without the requisite fees.
The question of the extent to which unauthorized distribution of audiovisual works undermines the sales remains complex, yet researches unequivocally demonstrate a substantial adverse impact on sales metrics. Notably, there is a marked decline in sales, with a 3.5% reduction observed in the domain of cinematic productions and a pronounced 30% contraction in the realm of musical compositions—a diminution of considerable magnitude intrinsically linked to numerical data.
This article is about the reason, purpose and legal regulation of disconnecting Adjaranet.com and Imovies.ge
In the contemporary landscape, the dissemination of audiovisual content on the internet stands as one of the most intricate and pressing problems. In contrast to the relatively confined scope of social networks, websites offer a broader canvas for the wide-scale propagation of audiovisual works. Concurrently with the evolution of internet platforms, there has been an observable surge in websites resorting to "piracy" mechanisms for the unauthorized uploading and subsequent consumption of audiovisual materials by users.
One such platform, notorious for its involvement in this malpractice, is BitTorrent, facilitating users in the download and viewing of audiovisual works, predominantly movies. This unlawful practice inflicts substantial harm upon multiple stakeholders, including creators, distributors, and the broader film industry as a collective entity.
Adjaranet Case
Piracy websites resembling BitTorrent also operate within the territory of Georgia, with one of the most prominent platforms being Adjaranet.com. This platform provides users with a multitude of choices for accessing and disseminating audiovisual content, including movies. It is noteworthy that the Communications Commission of Georgia has taken decisive action regarding Adjaranet.com, rendering a formal decision in response to its activities.
Resolution No. 3, issued by the National Communications Commission of Georgia on March 17, 2006, defines the definition of impermissible products, explicitly encompassing categories such as electronic communications featuring explicit pornography, depictions of extreme hatred and violence, breaches of personal privacy, defamatory content, offensive material, violations of the presumption of innocence, inaccuracies, copyrighted materials, and other products transferred in contravention of both individual rights and Georgian statutory provisions.
Subsequently, on April 14, 2016, the Communications Commission of Georgia dispatched a communication to "CG EL" LLC, commonly known as adjaranet.com, requiring the presentation of documentation affirming the placement and distribution of the aforementioned audiovisual content as referenced in their statement. Concurrently, the Commission apprised LLC "CG EL" (hereinafter referred to as www.adjaranet.com) that failure to furnish the requisite documentation substantiating the presence and dissemination of said audiovisual content would necessitate the immediate removal of the specified materials from www.adjaranet.com. Noncompliance with this directive would prompt the Commission to invoke measures in accordance with extant legislation.
Despite the Commission's entreaty, LLC "CG ELS" (henceforth adjaranet.com) neither provided the requested documentation nor removed the impermissible content. Consequently, the Commission invoked the "Regulation on the provision of services in the field of electronic communications and the protection of consumer rights," employing the mechanisms therein to restrict access to the website www.adjaranet.com until the website's proprietor ensures the eradication of the impermissible materials on www.adjaranet.com. In instances where the continued presence of such impermissible content persists, the Commission strongly advises Internet service providers to impose limitations on access to the website www.adjaranet.com.
Based on the information provided, Adjaranet.com's actions can indeed be categorized as copyright infringement on two fronts.
Firstly, the website hosted audiovisual content that was acquired through copyright infringement, thereby violating the exclusive rights of the copyright holders. This unauthorized distribution of copyrighted material constitutes a clear infringement of intellectual property rights.
Secondly, Adjaranet.com, in conjunction with their Facebook page, actively promoted the illegal audiovisual content. By posting invitations and actively encouraging users to visit their website to view these unlawfully acquired audiovisual works, they were effectively endorsing and facilitating the dissemination of copyrighted material without the requisite permission or licensing. This promotional activity not only furthered their infringement but also potentially exposed the content to a broader audience, compounding the copyright violation.
In essence, both the hosting and promotion of copyrighted material without proper authorization on Adjaranet.com's part would be viewed as copyright infringement under legal standards
As already mentioned, the Resolution N3 adopted by the National Communications Commission of Georgia on March 17, 2006, encompasses various facets of communication services, including local and long-distance communication networks, international telephone services, mobile telephone services, and Internet services. Its primary objective is to ensure that electronic communication service providers comply with the legal requirements stipulated by the laws of Georgia, as well as other pertinent legal instruments, particularly those pertaining to the protection of consumer rights. In doing so, the resolution seeks to safeguard the rights and legitimate interests of users.
Crucially, this legislation encompasses the definition of impermissible products. Impermissible products are categorically delineated as materials that encompass explicit pornography transmitted via electronic communications, depictions of exceptionally severe forms of hatred and violence, infringements on personal privacy, defamatory content, offensive materials, violations of the presumption of innocence, inaccuracies, materials issued in violation of copyright, and other products that contravene Georgian legislative provisions.
Furthermore, the law mandates that service providers develop mechanisms designed to identify and terminate users known to be disseminating or redirecting unsolicited electronic messages, unauthorized products, computer viruses, fraudulent content, and/or other malicious programs. In the event that impermissible products are detected or reported, service providers are legally obligated to respond promptly and take requisite measures to eliminate them. Additionally, service providers are obliged, upon receiving user notifications, to promptly address and undertake all feasible actions within their purview to prevent the transmission of messages containing impermissible products.
In essence, this legislation establishes a robust framework for the regulation of electronic communication services in Georgia, with a specific focus on consumer protection, the prevention of impermissible content dissemination, and the prompt response to infringements thereof.
Adjaranet.com has been the subject of repeated warnings from the National Communication Commission of Georgia. The Commission has diligently requested the website to provide documentation and evidence validating the licensing of its content.
The primary objective in the closure of Adjaranet.com and Imovies.ge was to decisively combat online piracy within the Georgian context. A crucial component of this endeavor involved redirecting the advertising revenue that these websites generated toward rightful copyright owners, thereby rectifying some of the financial losses incurred due to copyright infringement.
It is essential to recognize that internet piracy transcends national boundaries and constitutes a global challenge. The inherent nature of the internet poses difficulties in terms of licensing and legal regulation for all nations. Moreover, this challenge is exacerbated by a prevailing perception among internet users that content on the web should be freely accessible.
In summary, Georgia, as a nation, faces a complex predicament akin to its European counterparts. The core issue stems from public attitudes, where internet users tend to expect unrestricted access to all online content, fueling the uncontrolled and unauthorized distribution of audiovisual works, both on pirated websites and social networks. Over time, this trend has the potential to disrupt the entire cinematic landscape and jeopardize its operational integrity.
Notably, the involvement of influential studios like the Walt Disney Company and Universal, who have communicated their intent to impose sanctions if remedial actions are not undertaken by the Georgian Communications Commission and the National Intellectual Property Center, underscores the gravity of the internet piracy problem. This situation underscores the pressing need for greater public awareness and education regarding copyright infringement issues to mitigate the prevailing attitude contributing to the proliferation of internet piracy.
