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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.

PREVIOUS NEWSLETTERS:

June 2010 "THE NOTICE REGARDING THE PRINCIPLES OF REGISTRATION OF SHARES TO THE BOARD AND SALE OF SHARES WAS PUBLISHED IN THE OFFICIAL GAZETTE DATED 3rd APRIL AND NUMBERED 27541"
May 2010 "THE AMENDMENTS HAVE BEEN MADE ON THE NOTIFICATION REGARDING THE RULES OF MERGING TRANSACTIONS"
April 2010 "THE GENERAL NOTIFICATION ON THE TAW PROCEDURE LAW HAS BEEN PUBLISHED"
March 2010 "The Act numbered 5951 "The Act regarding Alteration to be made in some acts and the Law on Procedure of Collection of Public Receivables" has been published in the Official Gazette dated 5th February 2010"
February 2010 "THE REGULATION ON CHANGING THE REGULATION WHICH IS ABOUT THE PRACTISE OF THE LAW ABOUT FOREIGNERS’ WORK PERMITS HAS BEEN PUBLISHED"
January 2010 "THE ANNOUNCEMENT ABOUT MAKING CHANGES ON THE ANNOUNCEMENT ABOUT INTERNATIONAL BANK ACCOUNT NUMBERS HAS BEEN PUBLISHED"
December 2009 "THE RE-ESTIMATION RATIO IN TAX PROCEDURE LAW HAS BEEN PUBLISHED"
November 2009 "THE ANNOUNCEMENT OF “THE TARIFF ABOUT MAKING A CHANGE ON THE TARIFF ABOUT ATTORNEYS MINIMUM FEE” HAS BEEN PUBLISHED"
October 2009 "THE DECLARATION ABOUT MAKING CHANGES ON THE DECLARATION CONCERNING THE MAXIMUM INTEREST RATES WHICH WILL BE APPLIED TO CREDIT CARD PROCEDURES HAS BEEN PUBLISHED."
July 2009 "THE ACT REGARDING THE ALTERATION OF THE PROPERTY OWNERSHIP LAW HAS BEEN PUBLISHED"
June 2009 "NOTIFICATION ON FINANCIAL CRIMES INVESTIGATION BOARD WAS PUBLISHED"
May 2009 "THE NOTICE ON APPLICABLE INTERESTS RATES ON REDISCOUNTS AND ADVANCES HAVE BEEN PUBLISHED."
April 2009 "THE LAW AMENDING SOME LAWS PUBLISHED IN THE OFFICIAL GAZETTE DATED 18.02.2009."
March 2009 "THE LAW AMENDING THE DECREE LAW ON PROTECTION OF TRADEMARKS HAS BEEN PUBLISHED."
February 2009 "THE NOTICE ON AMENDING THE NOTICE WHICH WAS ALTERED THE LAW ON REGULATION OF CHEQUE PAYMENTS AND PROTECTION OF HOLDERS OF CHEQUE WAS PUBLISHED"
January 2009 "The regulation on the acquisition of real property by foreign capital companies was published"
December 2008 "THE CONSTITUTIONAL COURT HAS ABOLISHED THE PROVISION WHICH WAS “PROHIBITED PRIVATE INDIVIDUALS AND LEGAL ENTITIES FROM TO GO ABROAD WHO ARE INDEBTED TO THE SAVING DEPOSIT INSURANCE FUND BOARD.”"
November 2008 "Ministry of Energy and Natural Resources Adopts a New Regulation on the State Geothermic Sources for Production of Electricity"
October 2008 "The Court of Appeal has ruled out that, the annual fee charged by banks for credit cards is unlawful."
September 2008 "Duty of Making Rent Payments Through Bank Transfer or Mail Order Brought by Paper Nr. 268 on Income Tax."
August 2008 "Real estate sale to foreign citizens re-regulated"
July 2008 "The Law on the Procedure of Collection of Public Debts is Amended"
June 2008 "The Constitutional Court approved the Istanbul 10th Enforcement Court’s appeal to strike out clause number 337/1 from the Bankruptcy and Enforcement Law which foresaw the 10 day disciplinary confinement for not declaring ones property."
May 2008 "Constitutional Court abrogated the subsection (d) of the article 3 of the Law on Direct Foreign Investment no. 4875 by its decision made on the 11.03.2008 and published on the Official Gazette on the 16.04.2008."
April 2008 "The Constitutional Court has rescinded the Paragraph (d) of the 3rd Article of the Law on Direct Foreign Investments no. 4875"
March 2008 "Amendments in the civil code, code of civil procedure of the code of intellectual and artistic works"
February 2008 "The Constitutional Court of Turkey Rejected The Annulment Case of The Law on Acquisition of Real Estates by Foreigners."
January 2008 "Law on Regulation of Internet Publishing and Struggle with Crimes Committed via Internet Publishing"
December 2007 "The Flat Ownership Act was amended on the 14.11.2007. One of the most significant amendments in the act is that any flat owner will not be entitled to carry out additional construction, repair, installation or painting in common areas of the building unless four fifth of the flat owners give their consent in writing for renovation."
November 2007 "With the law enacted in 9.11.2007, nuclear power plant construction and operation issues and principles of energy sales produced therein have been regulated. "
October 2007 "Intern lawyers will be able to work abroad"
April 2007 "Representative office establishment in Turkey"
March 2007 "Some Characteristics of Turkish Law on Foreign Employees and Employers"
February 2007 "Guarantee Contracts"
January 2007 "Validity Of Building Contracts In Return For Appartment Flats"
December 2006 "Leases In Big Shopping Centers,According To The Lessee's Point Of View"
November 2006 "Aexclusive Selling Contracts"
October 2006 "Acquisition of Rights on Intellectual and Artistic Works"
September 2006 "Letter Of Credit"
August 2006 "Real Estate Tax"
July 2006 "Free Trade Zones In Turkey"
June 2006 "Financial Lease Agreement Leasing"
May 2006 "Marital Property In Turkish Law"
April 2006 "Recogniton And Execution Of Foreign Courts Decrees"
March 2006 "Bank Guarantees In Turkish Law"
February 2006 "Basic Features Of Differencies Between A Limited Liability Company And A Joint Stock Corporation Under The Turkish Law"
January 2006 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
December 2005 "Establshment Of A Lmted Lablty Company"
November 2005 "The Measures Protecting The Rights Of Minority Of Shareholders In Joint Stock Companies"
October 2005 "Divorce Causes In Turkish Law"
April 2005 "The Law Facilitating The Foreigners Purchasing Real Estates In Turkey Was Revoked By The Constitutional Court"
March 2005 "Turkey Is No Longer An Heaven For Piracy Of Works And Trademarks"
February 2005 "The Rights Of Intellectual And Artistic Works In Turkey"
January 2005 Agenda Of Turkey On The Way To Europe"
December 2004 "A Time For Turkeys Decision And Some Judicial Developments"
November 2004 "Recent News In Media For Foreign Investors "
October 2004 "Double Appeal System Was Also Accepted In Turkey"
September 2004 "The Latest Developments In Turkish Law"



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