Law No. 5846 on Intellectual and Artistic Works
INTELLECTUAL AND ARTISTIC WORKS
Ideas and principles constituting a basis for any element of a computer program, including the ideas and principles constituting a basis for its interface, are not considered works.
III. WORKS OF FINE ART
Works of fine art are:
The usage of sketches, pictures, models, designs and similar works as industrial models and pictures does not affect their title as intellectual and artistic works.
The above mentioned works take place in the group of cinema works if they are displayed through projection, even if they are fixed on material other than film and glass.
Films used merely for the transfer of compositions, speeches, conferences, etc. are not considered as works of cinema.
The adaptations bearing the characteristics of the adapter are considered works under this law.
In case the copies of a work obtained by way of its duplication are presented to the public by way of putting on the market or distribution or any other way with the consent of the owner of its rights, such a work is considered as published.
The provision of 2nd paragraph of article 3 of Press Law No. 5680 is reserved.
OWNER OF THE WORK
The owner of a work is the person who creates it.
Unless otherwise is understood by the special contract between them or the content of the work; the owner of the financial rights of the works created by the officials, servants and workers in conduct of their job is the persons employing or assigning them. The same rule applies to the organs of the corporal persons.
The owner of an adaptation is, provided that the rights of the original owner are reserved, the adapter.
The producer or publisher of a work can exercise the financial rights only under the contract he will conclude with the owner of the work.
In cinematographic works; the director, the composer of the original soundtrack and the author of the scenario are the collective owners of the work. The collective owners of a work can transfer the financial rights to the producer under a contract they will conclude and against a suitable cost.
After the collective owners of a cinematographic work transfer their financial rights, they can not object to the duplication, distribution, supply to the public, cable transmission, broadcast by means of television or other media, subscription or dubbing of the work by the producer, unless there is any provision otherwise.
Unless otherwise decided, each of the persons collectively creating the work may request the participation of the others for the changing or publication of the whole work. If the other party does not participate without any justified reason, the court can permit such an action. The same provision applies to the exercise of the financial rights.
The provisions regarding ordinary corporations are applied to the unity. In case one of the owners of the work does not permit a collective action without any justified reason, the required permission may be granted by the court. Each of the owners of the work can act individually, in case the interests of the unity are violated.
The technical services or aids regarding the details during the creation of a work do not constitute a basis for participation.
(Amended: 7.6.1995—4410/5) The person regularly presented as the owner of the work in public places or in the conferences and performances broadcast by radio- television is considered as the owner of the said work; unless another person is considered as the owner of the work by way of the inference set forth in the first paragraph.)
Such authorities belong to the deliverer of the conference or the executor of the performance in cases where the owner of the work is not known by inference in the second paragraph of article 11.
The provisions of ordinary proxy are applied in the relations between the persons authorized under this article and the original owners of the right.
The rights and authorities granted to the owner of the work cover the whole and parts of the work.
Only the owner of a work can give information on the content of a work, the whole or a substantial part of which has not become publicized or the main lines of which have not yet been introduced to the public.
In case the presentation to the public or the way of publication of the work will humiliate the honour and prestige of its owner, the owner of the work, even if he had authorized someone else, may prohibit the introduction to the public or the publication of both
the original and the adapted form of the work. The right to demand indemnity of the other party is reserved.
It is obligatory to state the name or sign of the original owner of the work in the decided or customized manner and to clearly show that the created work is a copy or adaptation on the duplicated copies of a work of fine art and the original or duplicated copies of an adaptation.
In case the creator of a work is disputed or any person claims that he is the owner of the work, the original owner may request the establishment of his right from the court.
(Supplemented: 7.6.1995—4110/6) In the architectural constructions carrying the properties of a work, the name of the owner of the work is written indelibly on a visible place on the work with a material deemed suitable by the owner of the work upon written request.
The person who adapts, presents to the public, duplicates, promulgates, performs or otherwise disseminates a work with the permission of the law or the owner of the work can make the changes deemed necessary due to the technique of adaptation, duplication, performance or promulgation without any special permission of the owner of the work.
Although he has unconditionally granted permission, the owner of the right reserves his right to objection against all kinds of changes disturbing his honour or prestige or the content and properties of the work. Waiver from this right by a contract is void.
(Amended: 7.6.1995—4110/7) The possessor of the original can own the work under the conditions of the contract he makes with the owner of the work. However, he can not deteriorate and destroy the work and damage the rights of the owner of the work.
(Supplemented: 7.6.1995—4110/7) In case the work is single and unique, the owner of the work can request the work so as to return it by fulfilling the protection conditions in order to use it in the studies and exhibitions covering all the periods belonging to him.
case a real person and as long as it continues, in case of a corporal person. Discriminating infants and handicapped persons to not need the consent of their legal representatives in the exercise of such rights.
After the death of the owner of the work, the persons listed in the above paragraph can exercise the rights granted to the owner of the work under the third paragraphs of articles 14, 15 and 16 during the effectiveness of the financial rights and within 50 years from the death of the owner of the work, in their own names.
In case the owner of the work or the persons authorized under the first and second paragraphs do not exercise their authorities, any person acquiring a financial right from the owner of the work or his heir may exercise the rights granted to the owner of the work under the third paragraphs of articles 14, 15 and 16 in his own name, provided that he proves his legal interest.
In case the authorized persons are more than one and can not agree on the action, the court settles the dispute by way of simple judgment most suitably to the possible will of the owner of the work.
(Amended: 1.11.1983—2936/article 2) In case none of the authorized persons mentioned in article 18 and the above paragraphs is present or they are present but they do not exercise their authorities or the periods mentioned in the second paragraph have expired, the Ministry of Culture may exercise the rights granted to the owner of the work under the third paragraphs of articles 14, 15 and 16 in its own name, if this is deemed important in term of the culture of the country.
In case the owner of the work is member of a professional union, the observation of his work stated in the written authorization document and the financial rights related to it, the collection of copyrights and the distribution of these charges and the work are carried out by the professional union.
The rules and principles related with the authorization document are determined by the regulations to be prepared by the Ministry of Culture.
The owner of an adaptation exercises the financial rights granted to him under such title to the extent allowed by the original owner of the work, except where adaptation is free.
Making a second copy of the original of the works or recording the work on all kinds of media, known or to be developed in the future, used for transfer and replay of signs, sound and image, all kinds of sound and music recordings and the implementation of the plans, projects and sketches of the works of architecture are considered as duplication. The same rule applies to the relief and perforated shapes, as well.
The right to duplicate covers the acts of loading, displaying, operating, transmitting and storing of the program, to the extent necessitated by the provisional duplication of the computer program.
The resale of certain copies after their first sales or dissemination is made within the borders of the country by the transfer of their property by the owner of the right upon the utilisation of the right to disseminate does not violate the dissemination right granted to the owner of the work, provided that the rights to lease and lend to the public are reserved.
The transport of the performance from the place it is realized to be presented to the public to another place by any technical means also belongs to the owner of the work.
(Supplemented: 1.11.1983—2936/article 4) The right to perform may not be exercised by other real or corporal persons without the permission of the owner of the work, or in case he is member of a professional union, of the professional union within the authorities stated in the authorization document. However, the provisions of articles 33 and 43 are reserved.
it live at another radio facility or performing it at public places by means of loudspeakers or similar technical facilities used for sign, sound or image transmission belongs exclusively to the owner of the work.
The protection periods granted for the original or adaptations of a work are not dependent on each other.
This provision also applies to the works in the first paragraph of article 9. The protection period does not become effective prior to the becoming publicized of the work.
For works published in sheets or fascicles, the date of publication of the last sheet or fascicle is considered as the date of becoming publicized. The date of becoming publicized for each volume of the works consisting of numerous volumes published at intervals and for works such as bulletins, booklets, periodicals and yearbooks is the date of publication of each of these.
The periods commencing at the date of becoming publicized are calculated from the first day of the year following the year that the work initially becomes publicized or is deemed to have been publicized.
In the calculation of the periods commencing from the date of death of the owner of the work, the first day of the year following the year that the owner of the work has died is considered as the commencement date. In cases mentioned in the first paragraph of article 10, the period commences after the date of death of the last surviving one of the owners of the work.
The protection period continues during the lifetime of the owner of the work and for 70 years after his death.
For works becoming publicized after the death of their owner, the protection period is 70 years after the date of death.
In cases stated in the first paragraph of article 12, the protection period is 70 years from the date that the work becomes publicized; provided that the owner of the work discloses his name before the expiry of this period.
In case the first owner of the work is a corporal person, the protection period is 70 years from the date that the work becomes publicized.
In case a work of science and literature originally published in a language other than Turkish is not translated into Turkish and published by the owner of the work or by someone
else by his permission within 70 years from its date of publication, it may be translated into Turkish upon the elapse of 70 years.
The protection period for handicrafts, minor works of art, photographic and cinema works is 70 years from their date of becoming publicized.
The provisions of public legislation prohibiting or binding to permission or control the marketing, performance or use in other ways of the work are reserved.
When not necessitated by the scope of the event and the requirements of the situation, the names of the owners of the words and speeches may not be mentioned.
Duplicating or otherwise disseminating such words and speeches other than mentioned in the first paragraph rests with the owner of the work.
The same rule applies to the performances, the net revenue of which are completely allocated to felicities.
Yet, it is obligatory to regularly mention the name of the owner of the work and the
The provisions of the first paragraph also apply for the broadcasts (school-radio) exclusively prepared for the schools and approved by the Ministry of National Education.
In all these cases, it is obligatory to regularly mention the name of the work and the owner of the work.
Unless the borrowing right of the articles and paragraphs concerning daily social, political or economic matters published in the newspapers or periodicals is clearly preserved, their citation in the other newspapers and periodicals literally or as adapted and their promulgation through radio or otherwise is allowed. Even if the right to borrow is reserved, the citation of the said articles and paragraphs as press summaries by way of abridgement and their promulgation through radio or otherwise is allowed.
In all these cases, it is obligatory to mention the name of the borrowed newspaper, periodical or agency and if they also cited these from another source, the name and volume of such source as well as the name, pseudonym or sign of the owners of the articles.
The broadcasting of some parts of the publicized intellectual and literature works through radio is allowed, provided that this action does not step beyond the framework of an interview.
All the intellectual and artistic works may be duplicated for personal usage without the purpose of promulgation or profit. However, such duplication may not damage the legal interests of the owner of the right without any justified reason or may not be contradictory to the normal use of the work.
Within the framework of the provision of the first paragraph, everyone may adapt or have adapted the works of music, science and literature.
In case of lack of determining provisions in the contract, when required for the intended use of a computer program, the duplication and adaptation of a computer program, including correction of faults, by the person who has legally obtained it is allowed.
The loading, operating and fault-correcting of a program by the person obtaining such computer program through legal means may not be prevented by the contract. To the extent required for the use of the computer program, the person who has the right to use the computer program can not be prevented by virtue of the contract from generating a back-up copy.
The person who has the right to use the computer program is free to observe, detect and try the operation of the program for the purpose of determining the ideas and principles underlying any element of the computer program during the conduct of the acts of loading, imaging, operation, transmission or storage of the computer program he is entitled to make.
In cases where the duplication of the code and the conversion of the code form is also compulsory in terms of the duplication and adaptation of the computer program in order to obtain the information required for providing the interoperability of an independently created computer program and the other programs, the conduct of such acts is allowed when the following requirements are fulfilled:
The provisions of the above paragraph does not allow, with respect to the information obtained by its practice;
The provisions of the sixth and seventh paragraphs may not be interpreted so as to be in contradiction to the normal use of the program or so as to interfere with the legal benefits of the owner of the rights unreasonably.
A work of literature may be used in a work of music only upon the written permission of the owner of the work.
When all kinds of lyrics, librettos and similar works used in a work of music are composed, such permission is documented at each stage before the collective work is recorded, registered and marketed and is inspected by the owners of the right and the other relevant persons.
It is possible to distribute the lyrics freely by including in radio-television programs and print them to be supplied on or together with the sound carrying devices. The person making use of these possibilities is obliged to state the name of the work of literature and the owner of the work.
Unless a prohibitory record is clearly placed on them by their owners, the works of fine arts can be demonstrated at public places by their possessors or by others upon their approval.
Works to be sold by auction may be demonstrated to the public. Duplication and promulgation of a work demonstrated at public places or put on an auction by means of catalogues, manuals or similar publications to be published by the organizers of such auction for these purposes are allowed.
In such cases, unless there is any otherwise accepted custom, the mentioning of the owner of the work may be renounced.
The rules and principles for the determination, follow-up and sharing between the owner of the work and the professional union of this amount of indemnity is determined by the regulations to be prepared by the Ministry of Culture after receiving the opinion of the professional union.
The professional unions may establish a superior institution according to the type status prepared by the Ministry of Culture and approved by the Board of Ministers.
Professional unions and confederation are corporal persons subject to special legislation. Their members can not be held responsible for depositing capital and participating in the profit and loss and legal obligations.
In the type statutes of professional unions and federation, the general assembly, board of management, board of inspection, technical-scientific board and board of prestige are established as compulsory organs. The establishment, control and inspection of these unions and federation and the minimum number of members required for holding the first general assembly meeting, other arbitrary organs, way of establishment of the boards, number of members and their duties, requirements for acceptance, resigning and dismissal from membership, determination of the areas where they can establish their branches, their relations with the public organizations and institutions home and abroad and real and private legislation corporal persons, their rights and authorities in these relations, their financial relations with their members, the distribution of the copyright fees and indemnities and the matters related with the other procedures and principles are determined by the regulations to be prepared by the Ministry of Culture following the receipt of the opinion of the relevant organizations.
Second paragraph of article 21 and articles 30, 37, 40, 42, 43, 44, 45, 48, 65, 66, 67, 68, 69, 70 and 90 of the Law No. 2906 on Associations dated 4/10/1983 are applied to the professional unions and federation to be established under this article together with their penal provisions.
The financial rights of the owners of the works who are Turkish citizens may not be followed by unions, associations and similar organizations other than the professional unions established within the country under this article.
The intellectual and artistic works used in the radio-television broadcasts are paid copyright charges.
In all kinds of broadcasts, no permission is received from the owners of the works and no charge is paid for short citations at a level that will not damage the rights on the whole of the work used for the purpose of promotion.
The usage of any portion of the works in the introduction of verbal or musical programs, as auxiliary dramatic element, signal, generic and passage music and for similar purposes is considered a short citation.
The owners of the works are not paid for the works used in the broadcasts to be made abroad through the short wave radio stations of Turkish Radio and Television Organization.
Owners of the financial rights and the manufacturers and publishers of the devices used for the replay of intellectual and artistic works through signs, sound and image are collectively responsible for putting signs and serial numbers on all copies of a work to be marketed, distributed or otherwise marketed in accordance with this Law.
The real and corporal persons manufacturing or commercially importing all kinds of empty video cassettes, sound cassettes, compact disks and computer disks are liable to deduct an amount over the manufacturing or import value to be determined by the decision of the Board of Ministers so as not to exceed five percent of the same and to deposit the sum they collected within one month in a special account to be established in a national bank in the name of the Ministry of Culture until the half of the following month at the latest.
The Ministry divides 3/4 of the amount collected in this account among the professional unions to be distributed to the owners of the rights represented by the professional unions. The professional unions distribute this sum to the owners of the rights according to the distribution plans to be approved by the Ministry. When approving these plans, the Ministry considers the duplication numbers of the works represented by the professional unions. The Ministry uses the remaining 1/4 of this amount for cultural and social purposes and for the prevention of the violation of intellectual rights.
The rules and regulations regarding the signs and serial numbers to be placed on the copies of the intellectual and artistic works according to their usage for the purposes of their performance at personal or public places, the collection of the copies not bearing these, the authority to whom the number of duplicated and distributed copies will be informed and the other matters are determined by the regulations to be introduced by the Ministry of Culture.
In this decree:
The owner of the establishment where the sales is realized is successively liable together with the vendor.
In cases of forced sales, the share is paid only after all the other receivables are completely paid.
The forfeiture of the share giving liability is five years from the sales leading to the rise of such liability.
The works, which are not published or publicized yet, the duplication and promulgation of which are not expressly prohibited by the owner of the work and which are kept in public libraries, museums and similar organizations belong to the public organizations and institutions they are kept by, provided that the period related with the financial rights has expired. The authority that the public organizations and institutions and the persons and organizations who want to benefit from these for scientific and similar purposes will receive permission from and the fees to be charged from these, the cultural purposes that such fees will be spent for and the other matters are determined by the regulations to be prepared by the Ministry of Culture after receiving the opinion of the relevant organizations.
In order to decide on this matter, the work should have been promulgated in Turkey or by Turkish citizens out of Turkey and at the same time the copies of the work should have been sold out for two years and the promulgation of new copies by the owner of the rights within a suitable period should have been considered impossible.
The following are written in this decree:
CONTRACT AND DEPOSITS
The authority to merely exercise the financial rights (license) can also be assigned to another person.
The deposit procedures mentioned in the above paragraphs are void if they concern a work which is not created yet or which will be completed.
In the transfer of the right to adapt, the consent of the owner of the work or his heirs is also required for the person acquiring these by transfer in the same manner.
Such commitments concerning the whole or a certain type of the works that the owner of the work will create in the future may be terminated by each of the parties so as to be effective one year after the date of notification.
In case the owner of the work dies or loses his ability to complete the work or it is impossible for the work to be completed without his default before the completion of the work, the said commitments are automatically terminated. The same provision also applies in cases where the other party declares bankruptcy or becomes incapable of using the financial rights it has taken over under the contract or such usage becomes impossible without his default.
The same provision shall be in force concerning the contracts for extending the scope of the financial rights or renouncing the authorization caused by extension of the protection term or containing the transfer of the rights through further legislation.
Claims arising from unjustified acts and groundless acquisition of goods are reserved.
The person transferring a financial right to someone else or gives the license of usage without authority is liable to indemnify the damage arising from the ineffectiveness of the deposit unless he proves that the other party knows or had to know that he did not have such authority. In case of default, the court may determine a higher indemnity, if justice requires to do so.
Claims arising from unjustified acts and groundless acquisition of goods are reserved.
Unless otherwise understood from the law or the contract, every license is considered a simple license.
The provisions on revenue lease are applied for simple licenses and the provisions on right of benefit are applied for full licenses.
Any person who acquires the possession of shapes and other duplication means from a person who has duplication right on a work of fine art is considered to have acquired the right to duplicate, as well, unless otherwise decided.
Any person who acquires property on the duplicated copies of a cinema work is considered to have acquired the right to perform, as well, unless otherwise decided.
VII. RIGHT TO RENOUNCE
The owner of the work who wants to exercise his right to renounce is obliged to give a term of grace to the other party through the notary public for the exercise of the rights under the contract. In case the exercise of the right is impossible for the acquirer or rejected by him or in case the interests of the owner of the work are substantially jeopardized upon the granting of such a term of grace, the determination of a term of grace is not necessary.
In case no result is obtained during the term of grace or the determination of a term of grace is not necessary, renouncement is completed upon a notification through the notary public. No case of objection can be sued against the renouncement after 4 weeks have passed from the furnishing of the renouncement notification.
In case the acquirer does not have default in not exercising the financial right or the default of the owner of the work is graver, the acquirer may demand a suitable indemnity in cases where justice is required.
While advance waivering from the right to renounce is not allowed, restrictions prohibiting the expression of this right for a period more than two years are also void.
VIII. RETURNING OF THE RIGHT TO THE OWNER OF THE WORK
Licenses granted for a certain purpose or a certain period of time expire in the cases mentioned in the first paragraph.
Waiver commences on the date of announcement and gives rise to the results caused by the expiry of the protection period.
May constitute the subject of a legal or contractual right of pledge, forced execution or right of imprisonment.
The pledge contract regarding the matters listed in the first paragraph should be made in writing to be valid. The pledged goods should be separately shown in the contract.
Shapes of the works of fine arts and other duplication means may be provisionally taken from the possessors to the extent that it is considered necessary for the implementation of forced execution on the financial rights mentioned in the third indent of the first paragraph.
The originals of works of fine art, excluding works of architecture and the drafts of works of music, science and literature belonging to the owner of the work or his heirs may be provisionally taken from the possessors to the extent that it is considered necessary for the implementation of forced execution on the financial rights mentioned in the third indent of the first paragraph.
In case one of the collective creators of the work dies after the becoming publicized of the work, the others are free to continue the unity with the heirs of the deceased or not.
In case they decide to continue, the surviving owners of the work may request the assignment of a representative from the heirs on the exercise of their rights against the unity.
In case they do not decide to continue, the provisions of the first paragraph apply.
CASES OF JURISPRUDENCE AND PENALTY
If the violation has been performed by the representative or employees of an organization during the conduct of the services, the owner of the organization may also be sued.
The default of the violator or the persons stated in the second paragraph is not necessary.
The court considers the immaterial and financial rights of the owner of the work, the scope of the violation, the presence of a default, if any, its gravity and the damages that the violator will possibly be subjected to in case of elimination of the violation, and decides upon the implementation of the measures that it will deem necessary for the elimination of the violation.
(Supplemented: 7.6.1995—4110/19) The owner of the work may also sue a case of elimination of violation at the place he is domiciled.
In case the name of the owner has not been placed at all on the work or placed wrongly or the placed name might lead to confusion and the owner of the work has requested the elimination of the violation besides the determination case mentioned in article 15, the violator is obliged to inscribe the name of the owner of the work on both the original and the circulating duplicated copies. The announcement of the decision in maximum 3 newspapers to the cost of the violator may be demanded.
In case wrong or insufficient sources are stated or no source is given at all in the cases listed in articles 32, 33, 34, 35, 36, 39 and 40, the provision of the second paragraph is applied.
In case the work is unjustly modified, the owner of the rights may demand the following:
In case the work has been translated without the permission of the owner of the rights, printed out of the contract or in a number more than that stated in the contract, otherwise adapted or broadcast or performed through radio and television, the owner of the work for which permission was not taken may demand maximum three times the damage he was subject to as of the current value.
In case a work is used by way of unauthorised duplication and the duplicated copies have not been marketed, the owner of the work may demand the destruction of the duplicated copies and the films, shapes and similar devices used for duplication or the delivery of the duplicated copies and the films, shapes and similar devices used for duplication against a suitable value not to exceed the cost price or three times as much the amount he would be entitled to demand in case of the presence of a contract. This does not prejudice the legal responsibility of the person performing unauthorised duplication.
In case the copies of a work obtained by unauthorised duplication are placed on the market or the sales constitute an unjust violation, the owner of the work may choose one of the options in the second paragraph with respect to the copies held by the violator.
The person claiming a value may exercise all the rights and authorities against the violator that he would be entitled to in case he had made a contract with him.
The provisions of second, third and fourth paragraphs of article 66 apply here, as well.
The person whose immaterial rights are damaged may claim indemnity within the framework of the provisions concerning unjust acts, if the violator is defaulting.
In the cases stated in the first and second paragraphs, the person subjected to violation may demand the delivery of the gained profit to himself besides the indemnity.
In such a case, the value demanded under article 68 is discounted.
Any person who intentionally:
in contradiction to the provisions of this Law,
(Amended: 7.6.1995—4110/23) is sentenced to imprisonment from three months to one year and a major fine of 300 million to 600 million liras.
Any person who intentionally:
without the written permission of the owner of the rights in contradiction to this law, is sentenced to imprisonment from three months to one year and a major fine of 300 million to 600 million liras.
is sentenced to imprisonment from three months to three year and a major fine of 300 million to 600 million liras.
representative or employees of an organization during their conduct of services, the owner or director of the organization who has not prevented the realization of the offence or the person actually administrating the organization under any name or title is also punished as the penetrator. In case the act requiring a penalty is ordered by the owner or director of the organization or the person actually administrating the organization, these persons are punished as penetrators and the representative or employee is punished as an assistant.
Any person reserving a place with or without any return for the display of a work that he knows is contradictory to law to be performed or any person assuming duty or role in the performance of such a work is punished as an assistant.
If any of the offences stated in articles 71, 72 and 73 is committed during the conduct of the business of a corporal person, the corporal person is successively liable for the cost and the fine.
The provisions of articles 64, 65, 66 and 67 of the Penal Code are reserved.
(Amended: 1.11.1983—2936/article 14) The ones authorized for complaints other than the person subjected to the violation are as follows:
The case of penalty should be sued within one year from the commitment of the act.
The affairs included in the scope of this law are of urgent affairs covered by article 423 of the Law of Criminal Procedure.
In case a personal case has been sued, article 358 of the Law of Criminal Procedure is applied. If personal rights are also demanded together with the penal case, the documents are directly transferred to the court of justice in case of acquittal.
The form and contents of the announcement are determined in the decision.
The right of announcement is annulled unless it is exercised within three months from the finalization of the decision.
Provided that they do not damage the material-immaterial rights of the owner of the work, the performing artists uniquely performing and commenting the intellectual and artistic works and the producers of sound carrying devices initially recording a performance or the voices and the radio-television organizations have neighbouring rights to the rights of the owner of the work.
The right to benefit from the performance of a performing artist by way of recording it, duplicating and leasing this recorded work, broadcast of the performance by all kinds of cable and cordless means or its performance belongs exclusively to the performing artist and the written permission of the performing artist is required for these. Performing artists may transfer such rights to the producer against a suitable value.
If the performance is conducted by an orchestrate, chorus or a theatre group, the permission of only the conductor is sufficient.
If the artist or the group is hired by a venturer for reading, performance or presentation, the permission of the venturer should also be received.
The right to make use of a recording by way of its direct or indirect duplication, leasing, broadcasting by all kinds of cable or cordless means or its performance at places open to public belongs exclusively to the producer and the written permission of the producer is required for these.
No person or organization may duplicate all or part of the broadcasts, broadcast them again by all kinds of cable and cordless means and display them at places with charged entries without the written permission of the radio-television organizations.
The written permission of the owner of the neighbouring rights is not required in the following cases:
However, this implementation can not damage the legal interests of the owner of the rights without any justified reason or can not be contradictory to the normal use of the work.
Artists, conductors and soloists in choruses and orchestrates and chiefs or lead actors in theatre groups may request the citation of their names in the means used for image and sound transmission.
The owners of neighbouring rights may also exercise the rights of suing cases of elimination of violation, prevention of violation and indemnification as well as the owners of the works.
The persons violating the rights of an owner of neighbouring rights without receiving the written permission stated in this article are sentenced to imprisonment from three months to one year and a major fine of 300 million liras to 600 million liras.
In order to duplicate a work, the printing office, production company or filling facility should be convinced that the person is the owner of the work or the rights through the contract approved by the notary public and in compliance with article 52 or through the authorization certificate. The persons duplicating the work should fill bills of order and lading approved by the Ministry of Finance and submit these together with the invoice.
The bandrole to be taken from the Ministry of Culture should be attached to the non-periodical publications. The submission of the documents stated in the first paragraph is required for receiving bandroles. Upon such submission, the bandrole is given within fifteen days without the need for any further procedure. The rules and principles related with the receipt of the documents are determined by the regulations to be prepared by the Ministry of Culture.
In case of unauthorised use of the financial or neighbouring rights of the owners of intellectual and artistic works or the owners of the rights by persons other than the owner of the rights, the Chief Public Prosecutor of the place where the event has taken place, upon the application of the owners of the work and the financial rights or the authorized Professional Union, may request from the authorized judge to have the unduly duplicated or performed copies of the work collected and the technical means used for this purpose sealed.
In cases where delay is disadvantageous, the Chief Public Prosecutor may directly take the decision of collection and sealing, to be submitted to the approval of the authorized judge within three days.
The owners of the rights may apply to the Chief Public Prosecutor within six months from the date that they are aware of the violation and the perpetrator together with the documents proving their rights, provided that the crime is within the period of prosecution forfeiture. The provisions of Law No. 3005 on Witnessed Offences are applied in relation with this offence.
The persons duplicating or disseminating the works by means of devices or methods used for sign, picture or sound replay without receiving the written permissions and the bandrole prescribed in this article, are sentenced to imprisonment from three months to one year and a major fine of 300 billion liras to 600 billion liras.
The provisions of this law related with the performing artists are applied to the performing artists;
The provisions of this law related with the sound carrying devices are applied to the radio-television programs;
The provisions of this law related with the neighbouring rights are also applied to the performing artists, producers and radio-television organizations protected under the provisions of an international agreement to which the Republic of Turkey is a party.
The rights of the performing artists commence on the date of the initial recording of the performance and last for 70 years. If the performance is not broadcast, this period commences upon the initial becoming publicized of the performance.
The rights of the producers commence on the date of the initial broadcast of the sound carrying devices and lasts for 70 years.
The rights of the radio-television organizations commence on the date of the initial broadcast of the program and lasts for 70 years.
The provision of the first paragraph does not apply to names, signs and outer forms which are used by the public and which do not have any discriminating property.
The application of this article is not subject to the realization of the conditions in the 1st, 2nd and 3rd parts.
The provision of article 14 of the press law on the names of the periodicals is reserved.
Even if the violator is not a trader, the provisions concerning unjust competition are applied for the persons acting in contradiction to the provision of the 1st paragraph.
duplication or promulgation of the same sign, image or sound by a third person through the same means.
Even if the violator is not a trader, the provisions concerning unjust competition are applied for the persons acting in contradiction to the provision of the first paragraph.
The provision of this article also applies to all kinds of photographs, images recorded through similar methods and cinema products which do not bear the characteristics of a work.
Other than the above conditions, letters can not be promulgated without the consent of the correspondent or the persons stated in the first paragraph of article 19, if the correspondent has died, unless 10 years have passed from the death of the correspondent.
The provisions of article 49 of the law on debts and articles 197 and 199 of the penal code are applied for the ones acting in contradiction to the above provisions.
In cases where promulgation is allowed according to the provisions of the first and second paragraphs, the provision of article 24 of the Civil Law is reserved.
The consent mentioned in the first paragraph is not necessary for:
The provisions of article 49 of the debts law and articles 197 and 199 of Turkish Penal Code are applied for the persons acting in contradiction to the provision of the first paragraph.
The provision of article 24 of the Civil Law is still reserved in cases where promulgation is allowed under the provisions of the first and second paragraph.
This provision does not apply to the portraits and pictures created by pressing method. However, in case the pictures and portraits so created are not available or difficult to supply for the ones stated in the first article, these may also be photographed.
In case the state where the owner of the work belongs to protects the rights of the Turkish owners of the works sufficiently or an international agreement allows exceptions and restrictions on the matters concerning foreign owners of works, the Board of Ministers may decide to make exceptions from the provisions of the first and third indents of this article.
Supplementary Article 1. (this is the provision of article 18 of Law No. 1.11.1983— 2936 and was converted into a supplementary article and numbered for succession).
The laws and regulations to be introduced under this law are prepared within six months and published in the Official Journal.
Supplementary Article 2. (7.6.1995—4110/29)
The protection periods in this law apply to the works, adaptations and products that become publicized after the enforcement of the Law, with respect to neighbouring rights, cinema works, computer programs and data bases. The provisions of this law related with the ownership of cinema works apply to the cinema works started to be produced after the enforcement of this Law.
Supplementary Article 3. (7.6.1995—4110/30)
The principles related with the applications regarding the neighbouring rights are determined by the regulations to be introduced within 6 months from the effective date of this law.
(F) Provisional Articles
Provisional Article 1. Unless otherwise determined in the articles below, the provisions of this article are also applied to the works presented to the public or registered within the country prior to enforcement. The inclusion or non-inclusion of the work or product within the provisions of the Copyright Law dated 8 May 1326 does not change the situation.
The protection periods concerning the works publicized prior to the enforcement of this law are calculated according to this law. The terms copyright, rights of possession, literal possession, possession of fine arts and similar mean the rights and authorities granted by this law in similar cases.
In case the rights pertaining to a work or the use of such rights have been handed over to someone else in whole or in part prior to the enforcement of this law, the new and wider rights granted to the owner of the work by this law are not considered to be transferred, as well. The same provision applies to a longer protection period when compared to the older one or the works and products not protected under the former law.
Provisional Article 2. If the periods in the former law are longer, such periods are valid for the works promulgated prior to the enforcement of this law.
In case a lawful translation or adaptation of a work is promulgated prior to the promulgation of this law, the rights and authorities that the translator or adapter has acquired under the provisions of the former law are not prejudiced.
In case the promulgation of a translation allowed under the provisions of the former law but prohibited by this law has commenced prior to the effective date of this law, such promulgation may be completed. However, the period of such promulgation can not exceed one year. The same provision applies to the translated works delivered to the performance organizations for performance at public places.
In case a duplication allowed under the provisions of the former law but prohibited by this law has been commenced on the promulgation date of this law, such duplication may be completed and the duplicated copies may be promulgated.
The promulgation of copies present at the time of enforcement of this law and allowed to be duplicated under the provisions of the former law may continue. The same provision applies to the devices used for sign, image and sound transmission and shapes and similar means used for the duplication of the works of fine arts.
Any person who wants to exercise the authority granted by the above paragraph is obliged to notify such copies and devices to the competent authority and have them sealed within 6 months from the enforcement of the law. If required, the details may be determined by a regulation.
Provisional Article 3. (Supplemented: 1.11.1983—2936/article 17)
The chairman and members of the compulsory organs of professional unions and the federation are determined by the decision of the Board of Ministers upon the recommendation of the Ministry of Culture, until they complete the required number of members set forth in the regulations and hold elections.
Provisional Article 4. (Supplemented: 1.11.1983—2936/article 17)
The Decree of the Board of Ministers No. 8/423 dated 15.3.1980 introduced under article 43 of the Law No. 5846 on Intellectual and Artistic Works and the price tariff to be introduced under this decree are applied as of 15.3.1980 until 31.12.1985.
Payments for the works transferred to the professional union through authorization certificate under the price tariff to be introduced by the Board of Ministers are effected to the relevant professional union to be distributed to the owners of the rights and in other cases,
directly to the owners of the financial rights. Such payments are established by the Turkish Radio and Television Organization until 31.12.1985 at the latest.
The professional union deducts its share from the payroll given by Turkish Radio and Television Organization and pays the balance to the owners of the rights who are members of such professional union within two years following the payment made to itself.
The amounts nor demanded by the members within two years are deposited in a special account to be established in a national bank in the name of the Ministry of Culture under article 44.
Provisional Article 5. (Supplemented: 6.7.1995—4110/article 31)
The professional unions established prior to the enforcement of this law are converted into new professional unions in line with the relevant provisions of the Law and the type status principles under the supervision of the Ministry of Culture within one year from the promulgation of their type statutes and form their new organs through the general assembly meeting that they will hold within this period.
The professional unions which do not comply with the provisions of the first paragraph are considered to have been abolished at the end of the first year.
Date and No. of Official Journal: 13.12.1951/7931
Law No. 2936 on the Amendment of Some Articles of Law No. 5846 and the Annexing of Two Provisional
Date of Acceptance: 1.11.1983
Date and No. of Official Journal: 3.11.1983/18210
Law No. 4110 on the Amendment of Some Articles of the Law on Intellectual and Artistic Works Date of Acceptance: 7.6.1995
Date and No. of Official Journal: 12.6.1995/22311