February 2005
THE RIGHTS OF INTELLECTUAL AND ARTISTIC WORKS IN TURKEY
There have been consequential changes after the amendment of Intellectual and Artistic Works Law, taken place in 2001 and 2004 in our country, protecting The Intellectual and Artistic Rights of owners parallel to the process of European Unity.
By means of these amendments while the piracy of works being prevented, those who invest publishing, music and movie sectors have been protected efficiently as related rights owner.
No doubt that amendments in Laws not being applied by courts, cannot provide an efficient protection.
Considering this situation new courts hear the conflicts of Intellectual and Artistic rights were established. The judges appointed to these courts were trained abroad according to the frameworks of European Unity Legislation. At present, the said judges are realising the practise of law in Turkey such as in developed countries.
Regarding the legislation from this point of view in Turkey, what we can point out as Intellectual and Artistic Rights are, as follows:
Intellectual and Artistic Works; Works of Science and Literature , Works of Music , Works of Fine Art, Works of Cinema , Adaptations , Publicised and Published Works are classified as groups.
Owner of the Works have moral and financial rights. The Moral Rights can be summarised as Authority to Present to the Public , Authority to State the Name ,Prohibition of Changes on the Work and Rights of the Owner of the Work Against the Possessor and the Owner . The Financial Rights can be expressed as Right to Adapt , Right to Duplicate , Right to Disseminate , Right to Perform ,Right to Broadcast through Radio and Television and Giving Shares from the Sales Values of the Works of Fine Arts.
Those who have these rights are generally the owners of the work. Besides their inheritors acquiring these rights or transferees by contracts in writing may also protected the financial and moral rights by all means.
The owner of related rights who are included into law by the amendments of 2001 and 2004 have also various rights by the permission of the owner of work:
-the performing artists uniquely performing and commenting the intellectual and artistic works,
-the producers of sound carrying devices initially recording a performance or the voices,
-the radio-television organisations,
-the producers who initially realising the films and film producers are the owner of related rights.
The owners of related rights have the following rights;
- Authority to State the Name ,
- Prohibition of Changes on the Work,
- Prohibition of financial rights without permission,
- Prohibition of the Right to Broadcast through Radio and Television and Giving Shares from the Sales Values of the Works of Fine Arts.
According to The Intellectual and Artistic Works Code’s article 52; “The contracts and deposits including financial rights should be in writing and the rights subject to these should be shown separately.”
In case the above mentioned rights are claimed without the permission of the owners or subject to the violations then the following legal or penal actions can be taken:
- Case of proving of the owner of the work or violation
- Case of elimination of violation
- Case of prevention of violation
- Case of moral and financial indemnification
According to The Intellectual and Artistic Rights Law, provide the violator had an contracts with the owner then amounts to be claimed a financial compensation suit my be three times more.
Those who violate the moral and financial rights are to be punished from 2 to 4 years imprisonment or from 50 billion TL to 150 billion TL pecuniary penalty in compliance with Intellectual and Artistic Works Law.
As a result of amendments taking place in Intellectual and Artistic Works Law, the police and municipalities are authorised to confiscate piracy of works and to give punishments to those who commit piracy copies maximum six years of imprisonment.
An additional article to Intellectual and Artistic Works Law in 2004 has enabled the authorities to prevent the violation of Intellectual and Artistic Rights, prohibiting the broadcast of internet sites by providing services.
All of these regulations have been provided by efforts of the Culture and Tourism Ministry effected by the international Intellectual Rights organisations.
Besides, the Culture and Tourism Ministry have already been preparing to amend by Laws being legislated before 2000, parallel to the amendments in the Intellectual and Artistic Works Law.
One of regulation is about the recording and registration of works . Acccording to this amended by law the production of music and movies, works that take in these production and computer games are to be obligatorily recorded and registered to the Ministry.
By dint of works will have been prevented in a large scale.
Finally, we are contented that Intellectual and Artistic Rights are under the protection of law as much as the developed countries due to the legal regulations and practise of law.
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