5846 FSEK
LAW NO: 5846LAW ON INTELLECTUAL AND ARTISTIC WORKS (*)
Date of Acceptance: 5 December 1951
Publication and Announcement in the Official Gazette: 31 December 1951 - Number: 7981
3.t.Düstur, v.33 - p.49
_____
(*) In accordance with the provision of Additional Article 6 added by the provision of Article 39 of the Law No. 4630 dated 21.2.2001, the phrase "Culture and Tourism" in this Law has been changed to "Culture".
_____
CHAPTER ONE
INTELLECTUAL AND ARTISTIC WORKS
A ) DEFINITION:
PURPOSE
ARTICLE 1.- (Amended article and title: 4630 - 21.2.2001 / article 1) The purpose of this Law is to determine and protect the moral and financial rights of the authors who create intellectual and artistic works, the performing artists who perform or interpret these works, the phonogram producers who make the first recording of sounds, the producers who make the first recording of films and the radio-television organizations on their products, to regulate the conditions for benefiting from these products and to determine the sanctions in case of benefiting contrary to the foreseen principles and procedures.
SCOPE
ARTICLE 1/A.- (Added: 4630 - 21.2.2001 / art. 2) This Law covers the moral and financial rights of the owners of works that create intellectual and artistic works, the performing artists who perform or interpret these works, the phonogram producers who make the initial recording of sounds, the producers who make the initial recording of films, and the radio-television organizations over their products, the principles and procedures for disposition of these rights, legal remedies and sanctions, as well as the duties, authorities and responsibilities of the Ministry of Culture.
DEFINITIONS
ARTICLE 1/B.- (Added: 4630 - 21.2.2001 / art. 2) Of the definitions in this Law;
a ) Work: All kinds of intellectual and artistic products that bear the identity of their author and are considered as works of science, literature, music, fine arts or cinema,
b) Author of the work: The person (...) (*) who created the work,
_____
(*) The phrase "real" in subparagraph (b) of Article 1/B has been repealed in accordance with the provision of subparagraph (a) of paragraph (2) of Article 28 of Law No. 5101 dated 3.3.2004, published in the Official Gazette No. 25400 dated 12.3.2004.
_____
c ) Adapted work: Intellectual and artistic products that are created by utilizing another work and are not independent of this work and carry the characteristics of the adaptor,
d) Compiled work: Works that are the result of a creative thought, such as encyclopedias and anthologies, the content of which consists of selections and arrangements, provided that the rights on the original work are reserved,
e) Fixation: The process of recording sounds or sound representations or sounds and images on a medium in a way that can be understood, reproduced or transmitted,
f) Phonogram: The physical medium of the sound carrier in which the sounds or other sounds or sound representations in a performance are recorded, excluding sound recordings in audiovisual works such as cinema works,
g) Computer program: A computer command system organized in a way that will enable a computer system to perform a special operation or task, and the preparatory work that will ensure the formation and development of this command system,
h) Interface: Program sections that create the mutual interaction and connection between the hardware and software elements of the computer,
i) Interoperability: The functional properties of computer program sections. j) Related rights: The rights of neighboring right holders and film producers who first identify films, provided that they do not harm the moral and financial rights of the author, k) Neighboring rights: The rights of artists who interpret,
introduce, narrate
, sing, play and perform a work in an original way, phonogram producers who first identify a performance product or other sounds, and radio and television organizations, provided that they do not harm the moral and financial rights of the author and with the permission of the author,
l) (Added: 5101 - 3.3.2004 / article 9) Ministry: The Ministry of Culture and Tourism
.
B) TYPES OF INTELLECTUAL AND ARTISTIC WORKS:
I - SCIENTIFIC AND LITERATURE WORKS:
ARTICLE 2 - Scientific and literary works are as follows:
1. (Amended: 4110 - 7.6.1995) Works expressed in any form of language and writing and computer programs expressed in any form and their preparatory designs, provided that they produce a program result in the next stage,
2. (Amended: 2936 - 1.11.1983) All kinds of dances, written choreographic works, pantomimes and similar non-verbal stage works.
3. (Amended: 4110 - 7.6.1995) All kinds of photographic works of a technical and scientific nature which do not have artistic characteristics, all kinds of maps, plans, projects, sketches, paintings, models and the like related to geography and topography, all kinds of architectural and urban planning designs and projects, architectural models, industrial, environmental and stage designs and projects,
(Additional paragraph: 4110 - 7.6.1995) Ideas and principles which form the basis of any element of a computer program, including the ideas and principles which form the basis of its interface, shall not be considered as works.
II. MUSICAL WORKS:
ARTICLE 3 - Musical works are all kinds of compositions with or without words.
III. WORKS OF FINE ART:
ARTICLE 4 - (Amended: 4110 - 07.06.1995) Works of fine arts are those that have aesthetic value;
1. Oil and watercolor paintings; all kinds of pictures, patterns, pastels, engravings, calligraphy and illuminations, works drawn or fixed with metal, stone, wood or other materials by engraving, carving, inlay or similar methods, calligraphy, serigraphy ,
2. Sculptures, reliefs and carvings,
3. Works of architecture,
4. Handicrafts and small works of art, miniatures and decorative art products and textile, fashion designs,
5. Photographic works and slides,
6. Graphic works,
7. Cartoon works,
8. All kinds of typecasting.
The use of sketches, pictures, models, designs and similar works as industrial models and pictures does not affect their status as works of thought and art.
IV. CINEMA WORKS:
ARTICLE 5.- (Amended: 4630 - 21.2.2001 / Article 3) Cinematographic works are a series of interrelated moving images, with or without sound, that can be displayed by electronic, mechanical or similar means, regardless of the material in which they are recorded, such as films or movies that are of an artistic, scientific, educative or technical nature or that record daily events.
C) PROCESSINGS AND COMPILATIONS (*)
_____
(*) Amended according to Article 4 of the Law No. 4630 dated 21.2.2001 .
_____
ARTICLE 6 - Intellectual and artistic products that are created by making use of another work but are not independent in comparison to this work and the main ones are listed below must be processed:
1. Translations;
2. Translation of one of the works such as novel, story, poem and play into another of these types;
3. Turning musical, fine arts, scientific and literary works into films or into a form suitable for filming and broadcasting by radio and television;
4. Musical arrangements and compositions;
5. Transforming works of fine arts from one form to another;
6. Putting together a collection of all or the same kind of works of an author;
7. Arranging a selection and collection of works according to a specific purpose and within the scope of a special plan;
8. Making a work that has not yet been published suitable for publication as a result of scientific research and study (Ordinary transcriptions and facsimiles that are not the product of scientific research and study are exceptions to this);
9. Explanation, commentary or abridgement of a work belonging to another person.
10. (Added: 4110 - 7.6.1995) Adaptation, editing or any modification of a computer program; 11. (Added: 4110 - 7.6.1995)
Databases resulting from the selection and compilation of data and materials
for a specific purpose and within a specific plan (Added phrase: 4630 - 21.2.2001 / article 4) "and in a form readable by a device or in another form" (However, the protection provided here cannot be extended to the protection of the data and materials contained in the database). (Added phrase: 4630 - 21.2.2001 / article 4) "Processes created on condition that they do not harm the rights of the owner of the work used and" bearing the identity of the processor are considered works according to this law.
Ç) PUBLISHED AND PUBLISHED WORKS:
ARTICLE 7 - A work presented to the public with the consent of the right holder is considered to have been made public.
A work shall be deemed to have been published if copies obtained by reproduction from the original are offered to the public by being offered for sale or distribution or otherwise placed in a commercial position with the consent of the rights owner.
The provision of the second paragraph of Article 3 of the Press Law No. 5680 is reserved.
PART TWO OWNER
OF THE WORK
A ) DEFINITION:
I - IN GENERAL:
A) DEFINITION
I - IN GENERAL
ARTICLE 8.- (Amended: 4630 - 21.2.2001 / art. 5) The owner of a work is the one who creates it.
The owner of a adaptation or compilation is the one who adapts it, provided that the rights of the original owner are reserved.
In cinematographic works, the director, original music composer, screenwriter and dialogue writer are joint owners of the work. In cinematographic works produced using the animation technique, the animator is also among the joint owners of the work.
II. MULTIPLE AUTHORITIES:
ARTICLE 9 - If it is possible to divide a work created by more than one person into parts, each of them shall be deemed to be the owner of the part he created.
Unless otherwise agreed, each of the people who created the work together may request the participation of the others in the modification or publication of the entire work. If the other party does not participate without a legitimate reason, permission may be granted by the court. The same provision applies to the use of financial rights.
III. UNITY BETWEEN AUTHORITIES:
ARTICLE 10 - If a work created by the participation of more than one person constitutes an inseparable whole, the owner of the work is the union of those who created it.
The provisions regarding a general partnership shall apply to the union. If one of the authors does not permit a transaction to be carried out together without a legitimate reason, this permission may be granted by the court. Each of the authors may act alone if the interests of the union are violated.
Technical services or assistance regarding details provided in the creation of a work do not constitute a basis for participation.
(Additional paragraph: 4630 - 21.2.2001 / Article 6) If a work created with the participation of more than one person constitutes an inseparable whole, the rights on the work shall be used by the real or legal person who brings the owners of the work together, unless otherwise provided in a contract or terms of service or in any law in force when the work was created. Rights related to the cinema work are reserved.
B) PRESUMPTIONS ABOUT OWNERSHIP OF A WORK:
I - IN WORKS WHERE THE NAME OF THE OWNER IS INDICATED:
ARTICLE 11 - The person who uses his/her name or a recognized pseudonym instead of his/her name as the owner of that work in published copies of a work or in the original of a work of fine art shall be deemed to be the owner of that work until proven otherwise.
(Amended paragraph 2: 4110 - 7.6.1995) In conferences and performances given in public places or via radio and television, the person who is introduced as the author in a customary manner shall be deemed the author of that work, unless another person is deemed the author by virtue of the presumption in the first paragraph.
II - IN WORKS
WHERE THE OWNER'S NAME IS NOT INDICATED: ARTICLE 12 - Unless the owner of a published work is determined according to Article 11, the publisher, and if he is not determined either, the reproducer, may use the rights and authorities belonging to the author in his own name. These authorities
belong to the person who gives the conference or has the performance performed in cases where
the owner of the work is not determined by virtue of the presumption in the second paragraph of Article 11. Unless otherwise agreed, the provisions of ordinary agency shall apply to the relations between authorized persons and the real rights holders according to this article.
CHAPTER THREE
INTELLECTUAL RIGHTS
A ) RIGHTS OF THE OWNER:
I - IN GENERAL:
ARTICLE 13 - The financial and moral interests of the owners of intellectual and artistic works are protected within the scope of this law.
The rights and authorities granted to the owner of the work are applicable to the whole and parts of the work.
(Amended last paragraph: 5101 - 3.3.2004 / art. 10) Film producers who perform the initial detection of films and phonogram producers who perform the initial detection of sounds shall have their productions containing cinema and musical works recorded and registered, without the intention of establishing rights, in order to prevent the violation of their rights, to facilitate proof in determining their rights ownership and to follow up their rights to benefit from financial rights. For the same purpose, upon the request of the owners of the works, all works protected within the scope of this Law may be recorded and their rights to benefit from financial rights may also be recorded. The Ministry cannot be held responsible for these transactions based on the declaration. However, those who make false statements regarding financial and moral rights that they know or should know do not exist or do not belong to them in transactions that will form the basis of registration and recording transactions are subject to the legal and penal sanctions provided for in this Law. The fees related to all registration and recording transactions carried out within the scope of this Law are determined by the Ministry. The procedures and principles of registration and recording, the determination of fees and other matters are determined by a regulation to be issued by the Ministry.
II - MORAL RIGHTS:
AUTHORITY TO PRESENT A WORK TO THE PUBLIC:
ARTICLE 14 - The author of a work determines exclusively whether or not a work will be presented to the public, the time and manner of its publication. Only the author of a work whose
entirety or a substantial part has not been made public , or whose main features have not yet been introduced to the public in any way, can provide information about its content.
(Amended last paragraph: 4630 - 21.2.2001 / Article 8) If the presentation of the work to the public or the manner of its publication would harm the honor and reputation of the owner, the owner of the work may prevent the introduction to the public or publication of either the original or the adapted version of the work, even if the owner has given written permission to someone else. Waiver of the authority to prevent by contract is void. The other party's right to compensation is reserved.
2. AUTHORITY TO INDICATE THE NAME:
ARTICLE 15 - The authority to decide to present or publish the work to the public, under the name of the owner or under a pseudonym or anonymously, belongs exclusively to the owner of the work. It is a condition that
the name or symbol of the original owner of a work of fine art be indicated in the agreed or customary manner on the copies obtained by reproduction from the work and on the original or reproduced copies of a work of art, and that it is clearly indicated that the work created is a copy or an adaptation. If there is
a dispute as to who created a work , or if anyone claims to be the owner of the work, the true owner may request the court to determine his/her rights.
(Additional paragraph: 4110 - 7.6.1995) In architectural structures that are works of art, upon written request, the name of the owner of the work shall be written in a visible place on the work, in an indelible manner, with a material deemed appropriate by the owner of the work.
3. PROHIBITION OF CHANGES TO THE WORK:
ARTICLE 16 - No abbreviations, additions or other changes may be made to the work or the name of the owner of the work without the permission
of the owner of the work. A person who processes, presents to the public, reproduces, publishes, represents or otherwise disseminates a work with the permission of the law or the owner of the work may make changes deemed necessary by the processing, reproduction, representation or dissemination technique without the special permission of the owner of the work.
(Amended last paragraph: 4630 - 21.2.2001 / Article 9) The author of the work may prohibit any alteration that damages his honor and reputation or impairs the nature and characteristics of the work, even if he has given his unconditional and unconditional written permission. Waiver of the authority to prohibit is void even if a contract has been made on this matter.
4. RIGHTS OF THE OWNER AGAINST THE POSSESSOR AND THE OWNER:
ARTICLE 17 - (Amended paragraph 1: 4630 - 21.2.2001 / article 10) The owner of the work has the right to request, in necessary cases, from the owner and possessor of the original, the temporary use of the originals of the works of fine art listed in paragraphs 1 and 2 of article 4 and the handwritten works of authors and composers listed in paragraph 1 of article 2 and in articles 3, provided that the conditions for protection are met. This right of the owner of the work is explained to the persons who purchase or acquire the work by those who trade in these works, in the auction and sales catalogue or relevant documents.
(Amended paragraph 2: 4110 - 7.6.1995) The owner of the original may dispose of the work in accordance with the terms of the contract made with the owner of the work. However, they cannot damage or destroy the work and cannot harm the rights of the owner of the work.
(Additional paragraph: 4110 - 7.6.1995) If the work is unique and original, the owner of the work may request the work to be returned by fulfilling the protection conditions in order to use it in studies and exhibitions covering all periods belonging to him/her.
III. USE OF RIGHTS (*)
_____
(*) Amended in accordance with the provision of Article 11 of Law No. 4630 dated 21.2.2001 and the subsequent superordinate headings have been renumbered accordingly.
_____
A ) GENERAL
ARTICLE 18.- (Amended: 4630 - 21.2.2001 / article 11) The authority to use financial rights belongs exclusively to the owner of the work.
Unless it is understood otherwise from the special contract between them or from the nature of the work, the rights on the works created by civil servants, servants and workers in the course of performing their jobs are used by those who employ or appoint them. This rule also applies to the organs of legal entities.
The producer or publisher of a work can only use financial rights according to the contract he/she will make with the owner of the work.
B) PERSONS WHO CAN USE THE RIGHTS:
ARTICLE 19 - If the owner of the work has not determined the methods of using the powers granted to him/her by the first paragraphs of Articles 14 and 15 or has not left this matter to anyone, the use of these powers after his/her death belongs to the executor of the will; if this is not determined, to his/her surviving spouse, children and heirs by descent, parents and siblings, respectively.
(Amended paragraph 2: 4630 - 21.2.2001 / Article 12) After the death of the owner of the work, the persons listed in the paragraph above can use the rights granted to the owner of the work in the third paragraphs of Articles 14, 15 and 16 on their own behalf for seventy years from the death of the owner of the work.
If the author or those authorized under the first and second paragraphs do not exercise their authority; the person who acquires a financial right from the author or his/her successor may, on his/her own behalf, exercise the rights granted to the author in the third paragraphs of articles 14, 15 and 16, provided that he/she proves that he/she has a legitimate interest.
If there is more than one authorized person and they cannot agree on the matter of intervention; the court shall resolve the dispute through a simple trial procedure in a manner most suitable to the author's probable wishes.
(Amended last paragraph: 2936 - 1.11.1983) If none of the authorized persons listed in Article 18 and the above paragraphs are present or if they are present but do not exercise their authority or if the periods specified in the second paragraph have expired, the Ministry of Culture may use the rights granted to the owner of the work in the third paragraphs of Articles 14, 15, 16 on his/her own behalf if the work is deemed important for the culture of the country.
IV - FINANCIAL RIGHTS:
1. IN GENERAL:
ARTICLE 20 - (Amended: 2936 - 1.11.1983) The right to benefit from a work that has not yet been made public, in any way and in any manner, belongs exclusively to the owner of the work. The right to benefit from a work that has been made public exclusively consists of those specified as financial rights by this Law. Financial rights are not interconnected. The use and disposal of one of them does not affect the other. (...) (Paragraph 2 of Article 20
has been repealed in accordance with the provision of
paragraph (2) of Article 28, subparagraph (b) of the Law No. 5101, dated 3.3.2004, published in the Official Gazette No. 25400, dated 12.3.2004.) (...) (Paragraph 3 of Article 20 has been repealed in accordance with the provision of paragraph (2) of Article 28, subparagraph (b) of the Law No. 5101, dated 3.3.2004, published in the Official Gazette No. 25400, dated 12.3.2004.)
The owner of a work may use the financial rights granted to him in this capacity, except in cases where processing is free, to the extent permitted by the original author.
2. TYPES:
A ) RIGHT TO PROCESS:
ARTICLE 21 - The right to benefit from a work by processing it belongs exclusively to the author.
B) RIGHT TO REPRODUCE:
ARTICLE 22 - (Amended: 4110 - 7.6.1995) (Amended paragraph 1: 4630 - 21.2.2001 / article 13) The right to reproduce the original or copies of a work, in whole or in part, directly or indirectly, temporarily or permanently, by any means or method, belongs exclusively to the author.
Making a second copy of the original work or recording the work on any known or future means used for transmitting and reproducing signals, sounds and images, and implementing plans, projects and sketches of architectural works are also considered reproductions. The same rule applies to relief and perforated molds.
The right to reproduce also includes the acts of loading, displaying, running, transmitting and storing the program to the extent that it requires the temporary reproduction of a computer program.
C) RIGHT OF DISSEMINATION:
ARTICLE 23.- (Amended: 4630 - 21.2.2001 / Article 14) The right to rent, lend, put up for sale or distribute the original or reproduced copies of a work by other means belongs exclusively to the author.
The right to bring copies reproduced abroad to the country with the permission of the author and to benefit from them by means of dissemination belongs exclusively to the author. Copies reproduced abroad cannot be imported in any way without the permission of the owner of the work and/or the owner of the right to distribute with the permission of the owner. Provided that the right to rent and lend to the public remains with the owner of the work, the resale of certain copies after their initial sale or distribution within the borders of the country after the ownership of the owner of the right to distribute them is transferred does not violate the right of distribution granted to the owner of the work.
The publication of a work or its reproduced copies by renting or lending cannot lead to widespread copying of the work in a way that would harm the owner's right to reproduce. The procedures and principles regarding the implementation of this article shall be regulated by a regulation to be prepared by the Ministry of Culture.
Ç) RIGHT OF REPRESENTATION:
ARTICLE 24 - The right to benefit from a work, (...) (*) directly or through representation such as reading, playing, acting and showing in public places with devices used for the transmission of signs, sounds or images, belongs exclusively to the owner of the work. The right
to transfer the performance from the place where it took place to be presented to the public to another place by any technical means also belongs to the author.
(Additional paragraph: 2936 - 1.11.1983) The right of performance cannot be exercised by other real or legal persons without the written permission of the author or, if he/she is a member of a professional association, within the framework of the authorities specified in the authorization document, by the author. However, the provisions of Articles 33 and 43 are reserved.
_____
(*) The phrase "its original or adaptations" in the first paragraph of Article 24 has been repealed in accordance with the provision of Article 36, paragraph a, of Law No. 4630 dated 21.2.2001.
_____
D) RIGHT OF TRANSMISSION TO THE PUBLIC BY MEANS OF SIGN, SOUND AND/OR IMAGE TRANSFER
ARTICLE 25.- (Amended article and title: 4630 - 21.2.2001 / Article 15) The right to broadcast the original or reproduced copies of a work by means of wired or wireless broadcasting organizations such as radio-television, satellite and cable or by means of means of signal, sound and/or image transmission, including digital transmission, and to transmit the published works to the public by means of rebroadcasting by other broadcasting organizations after extracting them from the broadcasts of these organizations, belongs exclusively to the author.
The author also has the right to permit or prohibit the sale or other forms of distribution or presentation of the original or reproduced copies of his work by wired or wireless means and the transmission to the public by providing access to his work to real persons at a place and time of their choosing.
The distribution and presentation of works through communication to the public regulated by this article does not violate the author's right to disseminate.
3. PERIODS:
A ) IN GENERAL:
ARTICLE 26 - The financial rights granted to the author are limited in time. Except for the cases in Articles 46 and 47, after the end of the protection period, everyone can benefit from the financial rights granted to the author.
The protection periods granted for the original or adaptations of a work are not subject to each other.
This provision is also applied to the works in the first paragraph of Article 9. The protection period does not start before the work becomes public.
In works published in forms or fascicles, the date of publication of the last form or fascicle is considered the date of publicity of the work. In works consisting of several volumes published in intervals and in works such as bulletins, pamphlets, journals and yearbooks, the date of publicity is the date of publication of each of them.
The periods starting from the date of publicity are calculated as of the first day of the year following the year in which the work was first made public or was deemed to have been made public according to the fourth paragraph.
In calculating the periods starting from the death of the author, the first day of the year following the year in which the author died is considered the starting date. In the cases mentioned in the first paragraph of Article 10, the period starts after the date of death of the last surviving author.
B) CONTINUATION OF THE PERIODS: ARTICLE 27 - (Amended: 4110 - 7.6.1995) The protection period
continues as long as
the author lives and for 70 years from his/her death. (Additional sentence: 4630 - 21.2.2001 / Article 16) If there is more than one owner of the work, this period ends seventy years after the death of the last surviving owner of the work . For works that become public after the death of the owner, the protection period is
70 years from the date of death. In the cases in the first paragraph of Article 12, the protection period is 70 years from the date of the work becoming public, unless the owner of the work discloses his/her name before the end of this period.
If the first owner of the work is a legal entity, the protection period is 70 years from the date of publicity.
C) TERM OF PROTECTION IN REGARDS OF TRANSLATION INTO TURKISH:
ARTICLE 28 - (Amended: 4110 - 7.6.1995) (...) (Article 28 has been repealed in accordance with the provision of Article 36, paragraph b, of the Law No. 4630, dated 21.2.2001.)
Ç) TERM IN HANDICRAFT, SMALL WORKS OF ART, PHOTOGRAPHY AND CINEMA WORKS:
ARTICLE 29 - (...) (Article 29 has been repealed in accordance with the provision of Article 36, paragraph c, of the Law No. 4630, dated 21.2.2001.)
B) RESTRICTIONS :
I. WITH REGARDS TO PUBLIC ORDER:
ARTICLE 30 - The rights granted to the author of the work shall not apply to the courts and It does not prevent their use in the presence of other official authorities and in public police and criminal proceedings in order to constitute a subject of proceedings. Photographs may be reproduced and disseminated in any way by official authorities or by others upon their order, without the consent of the owner, for public security reasons or for judicial purposes.
Public law provisions that prohibit the work from being placed in a commercial position, represented or used in other ways or that make it subject to permission or control are reserved.
II. WITH A CONSIDERATION OF GENERAL INTEREST:
1. LEGISLATION AND JUDICIAL LAW
ARTICLE 31 - It is free to reproduce, disseminate, process or benefit from officially published or announced laws, statutes, regulations, notifications, circulars and judicial decisions in any way.
2. SPEECHES:
ARTICLE 32 - The reproduction of speeches and speeches made in the Grand National Assembly and other official assemblies and congresses, in courts, and in public meetings for the purpose of giving news or information, their reading in public places, or their broadcasting by radio or other means is free.
In cases where the nature of the event and the circumstances do not require it, the names of the speakers and speeches may not be mentioned.
Reproduction or other dissemination of these speeches and speeches for purposes other than those mentioned in the first paragraph belongs to the author.
3. FREEDOM OF REPRESENTATION:
ARTICLE 33.- (Amended: 4630 - 21.2.2001 / Article 17) The representation of a published work, directly or indirectly, for the purpose of face-to-face education and training in all educational and training institutions, without any profit-oriented purpose, is free, provided that the name of the author and the work is disclosed in the usual manner.
4. SELECTION AND COLLECTION OF WORKS FOR EDUCATION AND TRAINING: ARTICLE 34 - (Amended paragraph 1: 4110 - 7.6.1995) It is free
to create selection and collection of works that are understood to be allocated to the purpose of education and training, by making quotations from published musical, scientific and literary works and publicized works of fine art, to a degree that the purpose justifies. Works of the type indicated in the third paragraph of Article 2 and the first and fifth paragraphs of the first paragraph of Article 4 may only be quoted to clarify the content of a selected or collected work. However, this freedom may not be exercised in a way that harms the legitimate interests of the rights holder without a justified reason or conflicts with the normal use of the work.
The provisions of the first paragraph shall also apply to (school-radio) broadcasts prepared exclusively for schools and approved by the Ministry of National Education.
(Additional paragraph 3: 4630 - 21.2.2001 / Article 18) It is only possible to create selected or collected works for purposes other than education and teaching by making quotations from published musical, scientific and literary works and publicized works of fine art only with the permission of the owner of the work.
In all such cases, the name of the work and the owner of the work must be mentioned in the usual manner.
5. FREEDOM OF QUOTATION:
ARTICLE 35 - Quoting from a work is permissible in the following cases:
1. Including some sentences and paragraphs of a publicized work in an independent scientific and literary work;
2. Including parts of a published composition, mostly themes, motifs, passages and ideas, in an independent musical work;
3. Including publicized works of fine art and other published works in a scientific work to the extent that the purpose justifies and for the purpose of clarifying their content;
4. Showing publicized works of fine art in scientific conferences or lessons using projections or similar means in order to clarify the subject.
Quoting must be done in a clear manner. In scientific works, in addition to the name of the work used in the quotation and the author of the work, the place from which this part was taken is stated.
6. NEWSPAPER CONTENTS:
ARTICLE 36 - Subject to the provisions of Article 15 of the Press Law, daily news and news disseminated to the public by the press or radio may be freely quoted.
If the right to quote articles and paragraphs on daily social, political or economic issues published in newspapers or magazines is not expressly reserved, they may be taken as is or in an edited form by other newspapers and magazines and distributed by radio or in any other way. Even if the right to quote is reserved, it is permissible to shorten the articles and paragraphs in question in the form of press summaries and to distribute them by radio or in any other way.
In all such cases, in addition to the name, date and issue of the newspaper, magazine or agency quoted and, if these are taken from another source, the name, pen name or insignia of the authors of the articles must be mentioned.
7. NEWS
ARTICLE 37.- (Amended: 4630 - 21.2.2001 / article 19) It is possible to copy some parts of intellectual and artistic works related to daily events on means of transmitting signs, sounds and/or images, provided that they are news and do not exceed the scope of information. The reproduction, dissemination, representation or broadcasting of such parts on means such as radio and television is free. This freedom cannot be used in a way that would harm the legal interests of the rights holder or in a way that is contrary to the normal use of the work.
III. WITH SPECIAL INTEREST CONSIDERATION:
I. PERSONAL USE:
ARTICLE 38 - (Amended: 4110 - 7.6.1995) It is possible to copy all intellectual and artistic works, (...) (*) for personal use without profit. However, such reproduction cannot harm the legitimate interests of the rights holder without a justified reason or cannot be contrary to the normal use of the work.
_____
(*) The phrase "publication or" in the first paragraph of Article 38 has been repealed in accordance with the provision of Article 36, paragraph (d) of Law No. 4630, dated 21.2.2001.
_____
(...) (Paragraph 2 of Article 38 has been repealed in accordance with the provision of Article 36, paragraph (d) of Law No. 4630, dated 21.2.2001.)
In the absence of decisive provisions in the contract, the person who acquired the computer program through legal means shall be free to reproduce and process it, including error correction , in cases where it is necessary for the use of the computer program in accordance with its intended purpose.
The person who acquired the computer program through legal means cannot be prevented by contract from loading, running and correcting errors in the program. The person who has the right to use the computer program cannot be prevented by contract from making a backup copy, provided that it is necessary for the use of the computer program .
The person who has the right to use a computer program is free to observe, examine and test the operation of the computer program
in order to determine the ideas and principles underlying any element of the program while performing the acts of loading, displaying, running, transmitting or storing the computer program which he is entitled to do. In cases where the duplication of the code and the translation of the code form are also necessary in order to obtain the information necessary for the interoperability of an independently created computer program with other programs, the performance of these acts is free provided that the following conditions are met:
1. These acts are performed by the licensee or another person who has the right to use a copy of the computer program or by a person authorized to do so on their behalf;
2. The information necessary for the interoperability is not made available to the persons specified in subparagraph (1);
3. These acts are limited to the parts of the program necessary for the interoperability.
The provisions of the preceding paragraph shall not apply to the information obtained by its application;
1. To be used for purposes other than to achieve the interoperability of the independently created computer program,
2. To be given to others except to the extent necessary for the interoperability of the independently created computer program,
3. To be used for the development, production or marketing of a computer program that is substantially similar in expression or for any other act that infringes intellectual property rights
.
The provisions of the sixth and seventh paragraphs cannot be interpreted in a way that would allow the use of the program in a way that would conflict with the normal exploitation of the program or unreasonably interfere with the legitimate interests of the right holder.
_____
(*) The phrase "publication or" in the first paragraph of Article 38 has been repealed in accordance with the provision of Article 36, paragraph d, of Law No. 4630, dated 21.2.2001.
_____
2. RIGHTS GRANTED
TO COMPOSERS : ARTICLE 39 - (Amended: 4110 - 7.6.1995) (...) (Article 39 has been repealed in accordance with the provision of Article 36, paragraph e, of Law No. 4630, dated 21.2.2001.)
3. COPYING AND DISPLAYING: ARTICLE 40 - It is permissible to reproduce, distribute, project in public places, broadcast
via radio and similar means , works of fine arts placed permanently on public roads, avenues and squares, using pictures, graphics, photographs and the like. This authority is limited to the external form only in architectural works.
Unless an explicit prohibition is placed on them by the owner, works of fine arts may be exhibited in public places by their owners or by others with their consent.
Works to be sold by auction may be exhibited to the public. It is permissible for the persons organizing the exhibition or auction to reproduce and distribute a work exhibited or put up for auction in public places through catalogues, guides or similar printed publications to be published for this purpose.
In such cases, unless there is an established custom to the contrary , the mention of the name of the owner of the work may be waived.
4. PRINCIPLES CONCERNING THE USE AND/OR TRANSMITTANCE OF WORKS, PERFORMANCES, PHONOGRAMMS, PRODUCTIONS AND PUBLICATIONS IN PUBLIC PLACES:
ARTICLE 41.- (Amended article and title: 5101 - 3.3.2004 / art. 11) Public places with or without an entrance fee; They shall obtain permission from the rights holders or the professional associations of which they are members by making contracts in accordance with Article 52 regarding the use and/or transmission of works, performances, phonograms, productions and publications and shall make the financial right payments written in the contracts in accordance with the provisions of this Article.
Public places that use and/or transmit works, performances, phonograms, productions and publications shall be classified or excluded from the classification by taking into consideration the characteristics of the region where the place is located, the quality and quantity of the place, whether the works, performances, phonograms, productions and publications subject to intellectual property are an integral part of the product or service offered in the place and whether they contribute to the product or service, and similar issues.
In the sectors in which they operate; the professional associations of the owners of works and/or related rights holders shall determine the tariffs regarding the payments arising from the use and/or transmission of works, performances, phonograms, productions and publications, depending on the classification made. Contracts between professional associations and public places shall be made based on these tariff prices or prices to be determined as a result of negotiations that may be made by the parties.
The calendar year shall be taken as basis in the agreements regarding tariffs and these tariffs shall be valid as of the beginning of the calendar year.
In order to ensure the implementation of the provisions of this article:
1. Professional associations shall notify the Ministry of the works, performances, phonograms and productions they represent and information regarding their members. These notifications shall be updated every three months and shall be made available to the relevant parties through a common database established by the Ministry.
2. Professional associations established in the field of author owners or professional associations established in the field of related rights holders or professional associations operating in the same sectors may come together and determine common tariffs by associating them with a protocol. Common tariffs shall be binding for the professional associations that are party to the protocol.
Professional associations shall notify the Ministry of the tariffs or common tariffs with the professional organizations that represent the users and are public institutions established by law in the ninth month of each calendar year and shall announce them to the public. Public places may negotiate tariffs or joint tariffs and conclude contracts through the professional organizations they are members of, with binding authorization documents they will issue regarding negotiation and contracting. However, if the tariffs are determined by lump sum method, public places may negotiate and conclude contracts only through professional organizations.
If an agreement cannot be reached on tariffs or joint tariffs between public places or professional organizations and professional associations within the tenth month and no contract can be concluded, professional associations and/or professional organizations may request that these tariffs be negotiated in a conciliation commission to be established by the Ministry by the end of this month at the latest.
The conciliation commission shall be established by the Ministry within fifteen days from the date of request, upon the request of one of the parties and the approval of the Ministry, in order to negotiate the tariffs. The commission shall consist of one representative from the Ministry, two representatives from the Competition Authority and one representative from each of the relevant professional associations and professional organizations representing users. The Ministry representative is also the chairman of the commission. Alternate members equal to the number of commission members shall be elected by the same procedure. The secretarial services of the Commission are carried out by the relevant unit of the Ministry.
The Commission prepares its report within fifteen days from the date of its formation and notifies the Ministry and the parties. Public venues and professional associations may, within fifteen days from the date of the announcement of the Commission report, enter into contracts the tariffs announced by the professional associations or the tariffs agreed upon as a result of negotiations.
If the contract is not made based on the tariff or common tariffs determined by the professional associations, the parties may apply to the courts. During the trial process, venues that have made a contract in the previous year may use and/or transmit works, performances, phonograms, productions and publications by depositing 1/4 of the tariff in question into the bank account opened in the name of the professional associations every three months until the conclusion of the case, unless the relevant professional associations notify otherwise. Public venues that have not signed a contract in the previous year and public venues that will sign a contract for the first time can use and/or transmit works, performances, phonograms, productions and publications as foreseen in this paragraph, subject to the permission of the relevant professional associations. The amount paid in this manner until the conclusion of the case shall be deducted from the tariff determined by the court decision.
In determining the tariffs and resolving disputes, the principles regarding the determination of tariffs in the third paragraph of Article 42/A of this Law shall be taken into consideration.
Real or legal persons who have rights over works, performances, phonograms, productions and publications used and/or transmitted in the venues may request that payments be made for their use and/or transmission (...)(*) through the professional associations they authorize. The application of this paragraph is not mandatory for cinema works.
Classification, fees to be collected by the Ministry in case of application to the conciliation commission, the work of the conciliation commission and other procedures and principles regarding the implementation of this article shall be determined by the regulation to be issued by the Ministry. _____
(*) The word “… however…” in the first sentence of the twelfth paragraph of Article 41, “Real or legal persons who have rights over works, performances, phonograms, productions and publications used and/or transmitted in the localities may only request payments for their use and/or transmission through the professional associations they authorize.” was annulled by the Constitutional Court’s decision dated 24.3.2010 and numbered E: 2007/33 - K: 2010/48, published in the Official Gazette dated 22.6.2010 and numbered 27619.
_____
V- POWERS GRANTED TO THE GOVERNMENT:
1. ESTABLISHMENT OF PROFESSIONAL ASSOCIATIONS:
ARTICLE 42 - (Amended: 2936 - 1.1.1983) (Amended paragraph 1: 4630 - 21.2.2001 / article 21) Owners of works and owners of rights related to the rights of the owners of works, (Additional phrase: 5101 - 3.3.2004 / article 12) "those who take over the authority to use the financial rights from the owner of the work or right through contracts drawn up in accordance with article 52 of this Law and who reproduce and distribute non-periodical publications by using the rights on scientific and literary works in accordance with article 10 of this Law" in order to protect the common interests of their members and to ensure the administration and follow-up of the rights granted by this Law, the collection of the fees to be received and their distribution to the right holders, the Regulation prepared by the Ministry of Culture and approved by the Council of Ministers. they may establish more than one professional association in the fields to be determined in accordance with the approved by-laws and standard statuses. In terms of work owners or performing artists, four times the number of main members of their mandatory bodies (...) (*); in terms of producers or radio-television organizations, twice the number of main members of these bodies, real or legal persons who have the qualifications to be members must apply to the Ministry to obtain permission to operate as a professional association. Professional associations shall operate in the fields in which they were established after receiving this permission.
_____
(*) The expression "real persons" in the second sentence of the first paragraph of Article 42 has been removed from the text of the article in accordance with the provision of Article 12 of the Law No. 5101 dated 3.3.2004 and published in the Official Gazette No. 25400 dated 12.3.2004.
_____
(Amended 2nd paragraph: 4630 - 21.2.2001 / Article 21) In order to establish another professional association in the same field, real persons or legal entities who have the membership qualifications of 1/3 of the total number of members of the professional association with the highest number of members established in that field, provided that the number of founding members is not less than the number mentioned above, apply to the Ministry to obtain an activity permit. They operate if the Ministry finds this application appropriate and grants permission. Each association can operate by opening branches in line with the needs . At least two professional associations established in the same field can establish a federation within the framework of the procedures and principles determined by the bylaws and standard statuses prepared by the Ministry. More than one federation cannot be established in the same field.
Professional associations and federations are legal entities subject to private law. Their members cannot be held liable for contributing capital, participating in profits and losses, or legal liability.
In the type status of professional associations and federations, the general assembly, executive board, auditing board, technical-scientific board and honor board are regulated as compulsory bodies. The establishment, control and auditing of these associations and federations and the minimum number of members required to convene their first general assemblies, other optional bodies, the formation of their boards, the number and duties of their members, the conditions for entering, leaving and expelling membership, the determination of the regions where they can establish their branches, their relations with domestic and foreign public institutions and organizations, real and private law legal entities, their rights and authorities in these relations, their financial relations with their members, the distribution of royalties and compensations obtained and other matters related to procedures and principles are determined by the statute to be prepared by the Ministry of Culture after the opinions of the relevant institutions are received.
The second paragraph of Article 21 of the Law on Associations No. 2908 dated 4.10.1983, Articles 30, 37, 40, 42, 43, 44, 45, 48, 65, 66, 67, 68, 69, 70 and 90 shall also apply to professional associations and federations to be established pursuant to this article, together with the penal provisions.
(Amended last paragraph: 4630 - 21.2.2001 / Article 21) The rights of the right holders related to the authors granted by this Law cannot be pursued by other unions, associations and similar organizations other than professional associations established pursuant to this article within the country. The issues such as membership, number of founding members and total number of members mentioned in this article shall also be sought for professional associations established before the date of entry into force of this Law. All professional associations are obliged to become compliant with the principles set forth in this article within six months from the entry into force of the Law. Professional associations that fail to fulfill this condition within this period shall be deemed to have dissolved automatically at the end of six months.
2. LIABILITIES OF PROFESSIONAL ASSOCIATIONS AND PRINCIPLES REGARDING TARIFF DETERMINATION:
ARTICLE 42/A- (Added: 5101 - 3.3.2004 / art. 13) Professional associations established to ensure the administration of rights for the purposes set forth in article 42 of this Law; 1.
To report to the Ministry all information
regarding the works, performances, phonograms and productions they represent and their members and to update this notification, which is open to the relevant persons, every three months, 2. To ensure the administration of the rights of the rights holders who are members arising from their activities under equitable conditions,
3. To distribute the income they obtain from their activities related to the administration of the rights of their members to the right holders in accordance with the distribution plans,
4. To provide information regarding the works, performances, phonograms and productions they represent to the relevant persons who make a written request,
5. To act equitably regarding the rights they manage during the conclusion of the contract and to provide any discounts or payment facilities they deem necessary for their own material and/or moral interests,
6. To determine the fee schedules regarding the rights they manage in order to conclude the contract in a timely manner and to announce the determined schedules and any changes in these schedules in a timely manner,
7. To have their accounts approved by certified public accountants
.
In the application of the above paragraph to the broadcasts of radio and television organizations, the records of the Radio and Television Supreme Council shall be taken as basis.
In determining the tariffs; the tariffs shall be determined at a reasonable level by taking into account the adaptability of international practices to the economic and social conditions of the country, and in addition to the changes in the technological field, it shall not create an effect that will destroy the structure of the sectors where works, performances, phonograms, productions and broadcasts are created and used, that will prevent production and use, and that will harm generally accepted practices, that conditions that disrupt competition shall not be created, the classification made, product prices in the relevant sectors and the share of these sectors in the gross national product, the frequency of use and/or transmission of works, performances, phonograms, productions and broadcasts, unit price or lump sum payment, payment plan and similar issues shall be taken as basis.
Unions operating in the same field and/or sector may act together in determining tariffs, making contracts and in other works and transactions related to the implementation of this Law.
In case of a joint tariff, professional associations operating in the same field are obliged to determine the usage rates of the works, performances, phonograms, productions and publications they represent and their representation capabilities in the field at the beginning of each calendar year, which will form the basis of the tariffs, and to report them to the Ministry. If an agreement cannot be reached in determining these rates and/or these rates are not reported to the Ministry, a commission to be established by the Ministry shall make this determination. Until this determination is made, users who have made a contract shall deposit the amount they are required to pay to the depository determined by the court upon the request of the Ministry. The amount collected here shall be distributed among the relevant professional associations, after the commission work expenses are deducted, according to the rate determined by the commission or, if the associations agree at any stage, according to the usage rate they reach an agreement with. The commission shall consist of one person each representing the Ministry, the Competition Authority and the relevant professional associations. The Ministry representative is also the chairman of the commission. The decisions of the commission may be appealed to the court and the competent court is the relevant specialized court.
The Ministry may request the court to impose a precautionary measure on the distribution accounts of professional associations that are determined not to have fulfilled their obligations regarding the notifications that must be made within the framework of the principles specified in this article until they fulfill their obligations.
The monitoring of the rights of all publicized or published works, performances, phonograms, productions and publications of the works or related rights holders that are members of the professional association shall be carried out in accordance with the authorization certificate to be given to the professional association. The procedures and principles regarding the authorization certificate shall be determined by the regulation to be issued by the Ministry.
3. INSPECTION OF PROFESSIONAL ASSOCIATIONS:
ARTICLE 42/B- (Added: 5101 - 3.3.2004 / Article 13) Professional associations are subject to the administrative and financial inspection of the Ministry. The Ministry may always inspect whether the professional associations fulfill the duties and obligations specified by this Law or may request the professional associations to have this inspection carried out by independent inspection institutions. A copy of the reports regarding the inspections carried out by these institutions shall be sent to the Ministry.
During the audits, it is mandatory to fulfill the requests such as presenting or giving all kinds of books, documents and information requested by those assigned to conduct audits, having the cash register or cash desk checked, entering the management places, branches and annexes. If it is determined
by the professional associations that;
1. The duties and obligations specified in Articles 42 and 42/A of this Law and this article are not fulfilled,
2. Collection or distribution in accordance with the contracts is not made or incorrect and unfair distribution is made,
3. Tariffs are not arranged according to the principles specified in the third paragraph of Article 42/A of this Law
, these associations are warned once in writing by the Ministry, and if the defect is not remedied within thirty days from the date of notification of the warning, the professional association is warned a second time. If
the defects mentioned in the above paragraph are not remedied within thirty days following the second warning or if any non-conformity with the legislation is detected in the audits, union records and other works and transactions, the Ministry invites the members to hold an extraordinary general assembly within three months at the latest. Until the extraordinary general assembly is held, those who are found to have committed abuse in the work and transactions of the union shall be suspended as a precaution, their place shall be appointed by the Ministry or the substitute member whose turn comes shall be called to duty.
The provisions of Articles 42 and 42/A of this Law and this article shall also be applied to the federations to be established within the framework of Article 42.
4. PRINCIPLES REGARDING THE PUBLICATION AND/OR TRANSMITTANCE OF WORKS, PERFORMANCES, PHONOGRAMS AND PRODUCTIONS: (*)
______
(*) The numbers in the article titles following Article 43 have been consecutively arranged in accordance with the provision of Article 14 of the Law No. 5101 dated 3.3.2004, published in the Official Gazette No. 25400 dated 12.3.2004.
_____
ARTICLE 43.- (Amended article and title: 5101 - 3.3.2004 / Article 14) Radio and television organizations, satellite and cable broadcasting organizations and organizations that will make broadcasts and/or transmissions by using existing or future technical means are required to obtain prior permission from the right holders regarding the staged works such as opera, ballet, theater and similar works that they will use in their broadcasts.
These organizations are required to obtain permission by making contracts in accordance with Article 52 with the relevant professional associations for works, performances, phonograms and productions other than staged works , to make payments to these associations regarding the said broadcasts and/or transmissions and to notify these associations of the lists regarding the works, performances, phonograms and productions they use.
Radio and television organizations operating within the framework of Law No. 3984 on the Establishment and Broadcasts of Radio and Television are classified by the Radio and Television Supreme Council, while other organizations that broadcast and/or transmit outside the aforementioned Law are classified by the Ministry.
In the sectors in which they operate, the professional associations of the authors and/or related rights holders determine the tariffs related to the payments arising from the broadcast and/or transmission of works, performances, phonograms and productions, depending on the classification made. Contracts between professional associations and organizations are made based on these tariff prices or prices to be determined as a result of negotiations made by the parties.
The fourth to thirteenth paragraphs of Article 41 of this Law shall apply to the notification obligation, determination, announcement, negotiation, conclusion of contracts, settlement of disputes and other issues regarding the works, performances, phonograms and productions represented by professional associations and their members. However, the application of the last sentence of the sixth paragraph of Article 41 is not mandatory for the organizations that broadcast and/or transmit.
In addition, in terms of the application of the tenth paragraph of Article 41, the Turkish Radio and Television Corporation may use the works, performances, phonograms and productions it includes in its broadcasts by depositing 1/4 of the annual tariff determined by the professional associations every three months.
5. MARKING OF INTELLECTUAL AND ARTISTIC WORKS:
ARTICLE 44 - (Amended: 4110 - 7.6.1995) (Amended paragraph 1: 5101 - 3.3.2004 / article 15 - Entry into force article 29) In order to protect intellectual property rights and ensure their effective monitoring, (Additional phrase: 5571 - 28.12.2006 / article 2) "except for places that only print periodicals", places that produce materials related to the identification and reproduction of intellectual and artistic works and/or fill, reproduce and sell these materials or distribute and offer them to the public in any way, are certified by the Ministry in return for a fee. Places determined by the Ministry are required to have software approved by the Ministry and hardware in accordance with the criteria to be determined by the Ministry , to establish the necessary infrastructure and to report the transactions they have carried out to the Ministry as of each calendar year. These places and financial right holders are also jointly obliged to have the marks and serial numbers and codes in accordance with international standards deemed necessary by the Ministry on the carrier materials.
(Amended paragraph 2: 4630 - 21.2.2001 / article 23) Real persons and legal entities who manufacture or import for commercial purposes all kinds of blank video tapes, audio tapes, computer diskettes, CDs, DVDs and all kinds of technical devices used for the reproduction of intellectual and artistic works are obliged to deposit the amount they collect during the month into a special account to be opened in a national bank in the name of the Ministry of Culture by the middle of the following month at the latest, by deducting an amount to be determined by the decision of the Council of Ministers, not to exceed three percent of the manufacturing or import price. (Additional sentence: 5217 - 14.7.2004 / Article 17/a - Entry into force Article 32/2) One quarter of these amounts collected in the special account shall be transferred to the account of the Central Accounting Office of the Ministry of Culture and Tourism and recorded as revenue in the budget.
(Amended 3rd paragraph: 5217 - 14.7.2004 / Article 17/a - Entry into force Article 32/2) The remaining amounts in this account shall be used for the purposes of strengthening the intellectual property system and carrying out cultural and artistic activities. The procedures and principles regarding the distribution and use of the remaining amounts in this account shall be determined by a regulation to be issued by the Ministry of Culture and Tourism. The necessary appropriation shall be allocated to the Ministry’s budget for activities aimed at protecting the cultural heritage at home and abroad.
(Amended last paragraph: 5101 - 3.3.2004 / Article 15 - Entry into force Article 29) The procedures and principles regarding the implementation of this article and the fees to be collected shall be determined by a regulation to be issued by the Ministry.
6. SHARE OF SALE PRICE OF WORKS OF FINE ART:
ARTICLE 45 - (Amended paragraph 1: 5101 - 3.3.2004 / article 16) With the exception of architectural works, the originals of works of fine art listed in article 4 of this Law and copies of works of fine art produced by the author himself in limited numbers or produced under the control and with the permission of the author and signed or marked in another way by the author, and copies of handwritten works of authors and composers listed in paragraph (1) of article 2 and article 3, once sold by the author or his heirs, if they change hands as an object of sale during the protection period, at an exhibition or auction or in a store selling such goods or in other ways, in case of a clear disproportion between this sale price and the previous sale price, the real or legal person who made the sale shall, in each sale, pay the price of the originals, The owner of the work is obliged to pay
an appropriate share of the difference to the owner of the work, if he/she is dead, to his/her legal heirs up to and including the second degree according to the provisions of inheritance and to his/her spouse, and if they are not present, to the relevant professional association in the field, within the framework of the principles and procedures to be determined by a decree to be issued by the Council of Ministers. The decree shall indicate:
1. A share tariff to be determined according to the proportion of the difference, provided that it does not exceed ten percent of the price
difference; 2. Sales whose price does not exceed the amount to be determined in the decree shall be exempt from the obligation to pay a share;
3. Which branch of the professional association may be considered relevant in terms of the types of works.
The
owner of the establishment where the sale took place is jointly and severally liable together with the seller.
In cases of forced sale, the share shall be paid only after all other receivables have been paid in full.
The statute of limitations for the obligation to pay a share is five years from the sale that gave rise to this debt.
7. AUTHORITY OF THE STATE TO BENEFIT:
ARTICLE 46 - (Amended: 2936 - 1.11.1983) Works that are not explicitly prohibited from being reproduced or published by the author and that are kept in public libraries, museums and similar institutions, shall belong to the public institution and organization where they are located, provided that the period of protection related to financial rights has expired. The authority from which public institutions and organizations and persons and organizations that want to benefit from them for scientific purposes will obtain permission, the fees to be collected from them, the cultural purposes for which these fees will be spent and other matters shall be determined in the regulation to be prepared by the Ministry of Culture after the opinions of the relevant organizations are obtained.
8. PUBLIC APPROVAL:
ARTICLE 47 - The authority to benefit from the financial rights on a work deemed important for the culture of the country by a decree may be made public before the end of the protection period by paying an appropriate fee to the rights holders.
(Amended paragraph 2: 4630 - 21.2.2001 / article 24) In order to make a decision on this matter, the work must have been created in Turkey or by Turkish citizens outside of Turkey and at the same time, the published copies of the work must have been exhausted for two years and it must be determined that the rights holder will not produce a new edition of the work within an appropriate period.
In this decree:
1. The name of the work and its owner;
2. The fee to be paid to the persons whose acquired rights have been violated;
3. The authority and institution that will use the financial rights;
4. The cultural purposes to which the net profit to be obtained after the redemption of the fee paid will be allocated;
shall be written.
CHAPTER FOUR
CONTRACTS AND DISPOSITIONS
A ) DISPOSITIONS OCCURRING IN LIFE:
I - PRIMARY ACQUISITION:
ARTICLE 48 - The author or his heirs may transfer the financial rights granted to them by law to others, limited or unlimited in terms of duration, place and content, with or without consideration.
Only the authority to use financial rights may be transferred to another person (License).
If the transactions of disposition listed in the above paragraphs concern a work that has not yet been created or will be completed, they are void.
II - TRANSFERRED ACQUISITION:
ARTICLE 49 - A person who has acquired a financial right or a license to use such a right from the author or his heirs may transfer this right or license to use such a right to another person only with their written consent.
In the transfer of the right to process, the consent of the author or his/her heirs is also required for the person who acquires the work.
III. CONTRACTS:
1. WORKS TO BE CREATED:
ARTICLE 50 - The commitments regarding the transactions of disposition listed in Articles 48 and 49 are valid even if they are made before the work is created.
Each party may terminate such commitments regarding the entirety or a certain type of works to be created by the author in the future, taking effect one year after the date of notice.
If the author dies before the work is completed or loses his/her ability to complete the work , or if the completion of the work becomes impossible without his/her fault, the aforementioned commitments are automatically terminated. The same provision applies in cases where the other party goes bankrupt or becomes incapable of exercising the financial rights he/she has acquired under the contract or if it becomes impossible to exercise them without his/her fault.
2. FUTURE BENEFIT POSSIBILITIES :
ARTICLE 51 - Contracts concerning the transfer of financial rights that are likely to be granted to the author by future legislation or their use by others are void.
The same provision applies to contracts containing the waiver of or transfer of powers that will arise from the extension of the scope of financial rights or the extension of the protection period by future legislation.
IV. FORM:
ARTICLE 52 - Contracts and dispositions regarding financial rights must be in writing and the rights they are subject to must be shown separately.
V. WARRANTIES:
1. LACK OF EXISTENCE OF RIGHT:
ARTICLE 53 - A person who transfers a financial right to another person or grants a license to use it shall be liable to guarantee the existence of the right against the acquirer in accordance with the provisions of Articles 169 and 171 of the Code of Obligations.
Claims arising from torts and unjustified acquisition of property are reserved.
2. LACK OF AUTHORITY:
ARTICLE 54 -
A person who acquires a financial right or a license to use from a person who is not authorized to transfer shall not be protected even if he has good faith. A person who transfers a financial right to another person or grants a license to use without authority shall be liable to compensate for the damages arising from the invalidation of the transaction unless he proves that the other party was aware or should have been aware that he did not have authority. In case of fault, the court may rule for a wider compensation if equity requires.
Claims arising from torts and unjustified acquisition of property are reserved.
VI. INTERPRETATION RULES:
1. EXTENT:
ARTICLE 55 - Unless otherwise agreed, the transfer of a financial right or the granting of a license does not include the translation or other adaptation of the work.
2. LICENSE:
ARTICLE 56 - If the license does not prevent the financial right and its owner from granting the same license to others (simple license), and if it is specific to only one person (full license), it is considered simple.
Unless otherwise understood from the law or contract, every license is considered simple.
The provisions regarding revenue rent apply to simple licenses, and the provisions regarding usufruct rights apply to full licenses.
3. TRANSFER OF OWNERSHIP:
ARTICLE 57 - The transfer of the right of ownership over original or reproduced copies does not include the transfer of intellectual rights, unless otherwise agreed.
A person who acquires the possession of moulds or other reproduction tools from a person who has the right to reproduce a work of fine art shall be deemed to have acquired the right to reproduce, unless otherwise agreed upon.
(...) (The last paragraph of Article 57 has been repealed in accordance with the provision of Article 36, paragraph f, of Law No. 4630, dated 21.2.2001.)
VII. RIGHT OF WITHDRAWAL:
ARTICLE 58 - If the person who acquires a financial right or license does not properly benefit from the rights and authorities within the agreed period or, if no period is determined, within a suitable period depending on the situation, and therefore the interests of the author are substantially violated, the author may withdraw from the contract.
The author who wishes to exercise the right of withdrawal is obliged to grant the other party an appropriate grace period through a notary public for the exercise of the rights in the contract. If the exercise of the right is impossible for the acquirer or is rejected by the acquirer or if the interests of the author are substantially endangered in the event of granting a grace period, there is no need to specify a grace period. If
the granted grace period expires without any result or if there is no need to specify a grace period, the withdrawal is completed by a notification made through a notary public. An objection lawsuit cannot be filed against the withdrawal after 4 weeks have passed from the date of notification of the grace period.
If the acquirer is not at fault in not exercising the financial right or if the fault of the author is more serious, the acquirer may demand appropriate compensation in cases where equity requires it.
It is not permissible to waive the right of withdrawal in advance, and restrictions preventing the exercise of this right for more than two years are also null and void.
VIII. RETURN OF THE RIGHT TO THE AUTHOR:
ARTICLE 59 - If the author or his heirs have transferred a financial right for a specific purpose or for a specific period, the right related to this right is returned to the owner when the purpose is eliminated or the period expires. This provision does not apply in the event of the death or bankruptcy of the person who acquired a financial right whose transfer to another person is not permitted by contract; unless , due to the nature of the work, the exercise of the right is dependent on the person of the acquirer.
Licenses granted for a specific purpose or for a specific period shall terminate in the cases listed in the first paragraph.
B) WAIVER:
ARTICLE 60 - The owner of the work or his/her heirs may waive the financial rights granted to them by law, provided that they do not violate their prior dispositions, by issuing an official deed and announcing this matter in the Official Gazette.
Waiver shall have the same legal consequences as if the protection period had expired, starting from the date of announcement.
C) SEIZURE AND LIEN:
I. CASES THAT ARE NOT PERMISSIBLE:
ARTICLE 61 - Subject to the provisions of Articles 24 and 30 of the Execution and Bankruptcy Law;
1. Drafts or originals of a work that has not yet been made public and is in the possession of the owner of the work or one of the heirs;
2. Financial rights on works mentioned in the first paragraph, excluding cinematographic works;
3. Receivables of the author, other than money, arising from legal transactions regarding financial rights;
cannot be the subject of a legal or contractual lien, forced execution or right of detention.
II. PERMISSIBLE CASES:
ARTICLE 62 - Within the scope of the following provisions:
1. A draft or original of a work that has become public;
2. Reproduced copies of a published work;
3. Financial rights of the author on a work that has become public, provided that they do not violate the moral interests of the author that deserve protection;
4. Financial receivables of the author arising from legal transactions regarding financial rights;
may be the subject of a legal or contractual lien, forced execution or right of detention.
In order for a lien agreement regarding the matters listed in the first paragraph to be valid, it must be made in writing. Those given as collateral in the contract must be shown separately.
Moulds and other reproduction tools of works of fine arts may be temporarily taken from the possessors to the extent deemed necessary for the enforcement of the financial rights stated in the third subparagraph of the first paragraph.
Originals of works of fine arts, excluding architectural works, and drafts of musical, scientific and literary works belonging to the owner of the work or his/her heirs may be temporarily taken from the possessors to the extent deemed necessary for the enforcement of the financial rights stated in the third subparagraph of the first paragraph.
C) INHERITANCE:
I. IN GENERAL:
ARTICLE 63 - The financial rights granted by this Law are transferred through inheritance.
It is permissible to make dispositions on financial rights subject to death.
II. DEATH OF ONE OF THE JOINT AUTHORS:
ARTICLE 64 - If one of the co-creators of a work dies before the completion or publicity of the work, his share is divided among the others. They are obliged to pay an appropriate price to the heirs of the deceased. If they cannot agree on the amount, this is determined by the court.
If one of the co-creators of a work dies after the work has been publicized, the others are free to continue the union with the heirs of the deceased.
If they decide to continue, the surviving authors may request the appointment of a representative from the heirs to exercise their rights against the union.
If a decision is not made to continue, the provisions of the first paragraph shall apply.
III. MULTIPLE HEIRS:
ARTICLE 65 - If the work owner's estate contains financial rights recognized by this Law and a representative has been appointed pursuant to Article 58 of the Civil Code, the representative is obliged to obtain the decision of the heirs regarding the transactions to be carried out on these rights.
PART FIVE
CIVIL AND CRIMINAL CASES
A ) CIVIL CASES:
I- ACTION FOR REJECTION OF INFRINGEMENT:
1. IN GENERAL:
ARTICLE 66 - A person whose moral and financial rights have been violated may file a lawsuit for rescission of infringement against the violator.
If the violation was committed by a representative or employees of a business while they were performing their services, a lawsuit may also be filed against the business owner.
The fault of the violator or the persons listed in the second paragraph is not required.
The court shall decide on the implementation of the measures it deems necessary to prevent the infringement, considering the moral and financial rights of the owner of the work, the extent of the infringement, whether or not there is a fault, its severity, and the damages that the infringer is likely to suffer in the event of refusal of the infringement.
(Additional paragraph: 4110 - 7.6.1995) The owner of the work may also file a lawsuit for refusal of infringement and prohibition at the place where he resides.
2. IN CASE OF VIOLATION OF MORAL RIGHTS:
ARTICLE 67 - If a work that has not yet been made public is presented to the public without the consent of the owner or against his will, a lawsuit for refusal of infringement may only be filed if the presentation to the public is through the publication of duplicate copies. The same provision shall apply in cases where the name of the owner is added to the work against his will.
If the name of the owner of the work is not included at all or is incorrectly included or the name given is of a nature that would lead to confusion and the owner of the work requests the dismissal of the infringement other than the determination action mentioned in Article 15, the infringer is obliged to include the name of the owner of the work on both the original and the reproduced copies in circulation. The decision may be requested to be published in a maximum of 3 newspapers, the expenses of which are to be borne by the infringer.
If the source is incorrectly or insufficiently indicated or no source is indicated in the cases listed in Articles 32, 33, 34, 35, 36, 39 and 40, the provision of the second paragraph shall apply.
If the work has been wrongfully altered, the rights holder may make the following demands:
1. The author may demand that the reproduction, publication, performance and radio broadcasting of the work in the altered form be prohibited and that the infringer correct the changes in the reproduced copies in circulation or that they be restored to their original state. If the alteration was made during the broadcast of the work in a newspaper, magazine or radio, the author may demand that the alteration be corrected by means of an announcement from all newspaper, magazine and radio administrations that published the work in the altered form, at the expense of the infringer;
2. ( Amended: 4110 - 7.6.1995) In works of fine art, the author may demand that the alteration in the original was not made by him or that his name in the work be removed or changed. If it is possible to restore the original state and if the removal of the alteration does not substantially harm the interests of the public or the owner, the author may restore the work to its original state.
3. IN CASE OF VIOLATION OF FINANCIAL RIGHTS:
ARTICLE 68 - (Amended: 5728 - 23.1.2008 / Article 137) Right holders who have not obtained permission may demand a maximum of three times the amount they could have demanded if a contract had been made or the market price to be determined in accordance with the provisions of this Law from those who process, reproduce, distribute, represent or transmit to the public by means of any means used for the transmission of signs, sounds or images of works, performances, phonograms or productions without obtaining the written permission of the right holders in accordance with this Law. If
the copies reproduced without permission have not been put up for sale, the right holder may demand the destruction of the reproduced copies, films, molds and similar means used for reproduction or that they be given to him for an appropriate price not exceeding the production cost price or three times the amount he could have demanded in the case of a contract. This does not eliminate the legal liability of the person who reproduces without permission.
If the unauthorized copies are offered for sale, the rights holder may use one of the options in the second paragraph regarding the copies in the hands of the infringer.
In order for the second and third paragraphs to be applied by rights holders other than the author, the written reproduction permission of the author in accordance with Article 52 of this Law shall be sought.
When one of the rights holders makes a request in accordance with the second and third paragraphs, the provisions of the Code of Criminal Procedure regarding seizure shall not be applied except for the purpose of obtaining evidence.
The person requesting compensation may assert against the infringer all the rights and authorities he/she would have if he/she had made a contract with him/her.
II - ACTION FOR PREVENTION OF INTRUSION:
ARTICLE 69 - The owner of the work who is exposed to the risk of infringement in his/her financial or moral rights may sue for the prevention of possible infringement. The same provision shall apply in cases where the infringement is likely to continue or reoccur.
The provisions of the second, third and fourth paragraphs of Article 66 shall also apply here.
III. COMPENSATION ACTION:
ARTICLE 70 - (Amended paragraph 1: 4110 - 7.6.1995) A person whose moral rights have been violated may file a lawsuit for moral compensation for the moral damages he has suffered. The court may also rule on another form of moral compensation instead of this money or in addition to these.
A person whose financial rights have been violated may claim compensation within the framework of the provisions regarding torts if the violator is at fault.
In the cases in the first and second paragraphs, the person who has been violated may also request that the profit obtained be given to him in addition to compensation. In this case, the amount requested in accordance with Article 68 shall be reduced.
B) CRIMINAL CASES:
I - CRIMES:
1. VIOLATION OF SPIRITUAL, FINANCIAL OR RELATED RIGHTS
ARTICLE 71 - (Amended article and title: 5728 - 23.1.2008 / art. 138) Anyone who violates the moral, financial or related rights related to intellectual and artistic works protected by this Law:
1. Processes, represents, reproduces, alters, distributes, transmits to the public by means of any means of transmitting signs, sounds or images, publishes a work, performance, phonogram or production without the written permission of the rightful owners, or offers for sale, sells, rents or lends or otherwise disseminates illegally processed or reproduced works, purchases for commercial purposes, imports or exports, keeps or stores them for purposes other than personal use, shall be sentenced to imprisonment from one to five years or a judicial fine.
2. A person who names another person’s work as his/her own shall be punished with imprisonment from six months to two years or a judicial fine. If this act is committed by means of distribution or publication, the upper limit of imprisonment shall be five years, and no judicial fine shall be imposed.
3. A person who quotes a work without citing the source shall be punished with imprisonment from six months to two years or a judicial fine.
4. A person who makes a public statement about the content of a work that has not been made public without the permission of the rights holders shall be punished with imprisonment for up to six months.
5. A person who provides insufficient, false or deceptive sources in relation to a work shall be punished with imprisonment for up to six months.
6. A person who reproduces, distributes, disseminates or publishes a work, performance, phonogram or production using the name of a well-known person shall be punished with imprisonment for three months to one year or a judicial fine.
Those who commit the acts mentioned in the first paragraph of the additional article 4 of this Law without authorization and information content providers who continue to violate the rights recognized in this Law shall be sentenced to imprisonment from three months to two years, unless their acts constitute a crime requiring a more severe penalty.
If a person who offers for sale, sells or purchases a work, performance, phonogram or production that has been produced, processed, reproduced, distributed or published illegally ensures that they are caught by informing them of who they obtained them from before the prosecution phase, the penalty to be imposed on them may be reduced or the penalty may be waived.
2. PREPARATORY ACTIONS TO DISABLE PROTECTIVE PROGRAMS
ARTICLE 72- (Amended article and title: 5728 - 23.1.2008 / article 139) Anyone who produces, offers for sale, sells or possesses for purposes other than personal use, programs or technical equipment intended to disable additional programs created to prevent the illegal duplication of a computer program shall be punished with imprisonment from six months to two years.
3. OTHER CRIMES:
ARTICLE 73 - (...) (Article 73 has been repealed in accordance with the provision of subparagraph (r) of article 578 of Law No. 5728 dated 23.1.2008, published in the Official Gazette No. 26781 dated 8.2.2008.)
II. PERPETRATOR:
ARTICLE 74 - (...) (Article 74 has been repealed in accordance with the provision of subparagraph (r) of article 578 of Law No. 5728 dated 23.1.2008, published in the Official Gazette No. 26781 dated 8.2.2008.)
II- INVESTIGATION AND PROSECUTION
ARTICLE 75 - (Amended article and title: 5728 - 23.1.2008 / art. 140) Investigation and prosecution for crimes listed in articles 71 and 72 are subject to a complaint . In order for a complaint to be considered valid, the rights holders or the professional associations they are members of must submit documents and other evidence proving their rights to the Office of the Chief Public Prosecutor. If these documents and other evidence are not submitted to the Office of the Chief Public Prosecutor within the complaint period, a decision of no prosecution is made. Due to the crimes whose investigation and prosecution are subject to
a complaint in this Law, the relevant real and legal persons, primarily the authorities of the Ministry of National Education, the Ministry of Culture and Tourism, and the persons with moral and financial rights over the work are informed of the situation in order to enable them to exercise their complaint rights. Upon
the complaint , the public prosecutor shall take the necessary actions to take the seizure protection measure in accordance with the provisions of the Code of Criminal Procedure No. 5271 regarding the crime-related property. The public prosecutor may also, if deemed necessary, decide to suspend the activity, limited to the reproduction of works that are alleged to have been reproduced illegally. However, this decision shall be submitted to the judge for approval within twenty-four hours. A decision not approved by the judge within twenty-four hours shall be deemed null and void.
C) MISCELLANEOUS PROVISIONS:
I- DUTY AND PROOF (*)
_____
(*) Amended pursuant to the provision of Article 30 of the Law No. 4630 dated 21.2.2001.
_____
ARTICLE 76 - (Amended: 5728 - 23.1.2008 / art. 141) In cases arising from legal relations regulated by this Law, regardless of the amount of the subject matter of the lawsuit and the penalty specified in the Law, the competent courts are the specialized courts to be established by the Ministry of Justice. Until the specialized courts are established and begin their trial activities, which of the civil and criminal courts of first instance will be assigned as specialized courts and the judicial districts of these courts will be determined by the Supreme Council of Judges and Prosecutors upon the proposal of the Ministry of Justice.
In legal cases to be filed under this Law, the court may request that users of protected works, phonograms, performances, films and publications provide documents proving that they have obtained the permissions and authorizations provided for in this Law or lists of all works, phonograms, performances, films and publications used, if the plaintiff presents sufficient evidence to form a strong belief about the truth of the claim. Failure to provide the specified documents or lists constitutes a presumption that all works, phonograms, performances, films and publications are being used unjustly.
II- PRECAUTIONARY MEASURES AND TEMPORARY CONFISCTION IN CUSTOMS
ARTICLE 77 - (Amended: 5728 - 23.1.2008 / Article 142) If it is deemed necessary and the claims made in this regard are highly probable in order to prevent a serious damage or a sudden danger or fait accompli or for any other reason, the civil court may, upon the request of those whose rights are violated or threatened by this Law or professional associations, order the other party to do or not to do a work, to close or open the place where the work is done, before or after the filing of the lawsuit, and may also decide to preserve the duplicate copies of a work or the molds and other similar reproduction tools used to produce it by way of precautionary measures. The decision shall explain that disobedience to the order shall result in the penal consequences stipulated in Article 343 of the Execution and Bankruptcy Law.
During the import or export of copies that may constitute a violation of rights and require sanctions, the provisions of Article 57 of the Customs Law No. 4458 shall apply.
Procedures regarding the seizure of these copies by the customs administrations shall be carried out in accordance with the relevant provisions of the Customs Regulation.
III. ANNOUNCEMENT OF THE JUDGMENT:
ARTICLE 78 - Apart from the situation stated in the second paragraph of Article 67, the party in favor, if it has a legitimate reason or interest, has the right to request that the finalized judgment be announced in full or in summary through newspapers or similar means, the expenses of which will be borne by the other party.
The form and content of the announcement shall be determined in the decision. The right to announcement
shall lapse
if not exercised within three months from the date of the finalization of the judgment .
IV - RECORDING, CONFISCATION AND DESTRUCTION:
ARTICLE 79 - (...) (Article 79 has been repealed in accordance with the provision of Article 578, subparagraph (r) of Law No. 5728, dated 23.1.2008, published in the Official Gazette No. 26781, dated 8.2.2008.)
SIXTH SECTION
MISCELLANEOUS PROVISIONS
A ) RIGHTS RELATED TO THE RIGHTS OF THE AUTHOR AND PREVENTION OF INFRINGEMENT (*)
_____
(*) Amended in accordance with the provision of Article 32 of the Law No. 4630 dated 21.2.2001.
_____
I- RIGHTS RELATED TO THE RIGHTS OF THE AUTHOR
ARTICLE 80.- (Amended article and title: 4630 - 21.2.2001 / article 32) The rights related to the rights of the author are as follows:
1. Rights adjacent to the rights of the author:
Provided that they do not harm the moral and financial rights of the author and with the permission of the author, artists who interpret, introduce, narrate, sing, play and perform a work in an original way, phonogram producers who are the first to record a performance product or other sounds, and radio and television organizations have the following adjacent rights.
A) Performers have the following rights:
(1) Performers have the right to demand that they be identified as the owners of their performances, regardless of financial rights and even after transferring these rights, except for cases required by the conditions of implementation, and that their performances be prevented from being distorted or distorted in a way that could harm their reputation.
(2) A performer who interprets a work in an original manner with the permission of the owner has the exclusive right to permit or prohibit the recording of this performance, the reproduction, sale, distribution, rental and lending of this recording, its transmission to the public by means of means for the transmission of signs, sounds and/or images, and its retransmission and representation.
(3) The performer has the right to permit or prohibit the distribution by sale or other means of the original or reproduced copies of their recorded performances that have not yet been put up for sale or distributed by other means within the country .
(4) The performing artist has the right to permit or prohibit the sale or other forms of distribution or presentation of his recorded performance or its duplicates by wire or wireless means and its transmission to the public by ensuring that the performance is accessible to real persons at the place and time they choose. The distribution and presentation of the performances by means of transmission to the public does not infringe the performing artist's right to disseminate.
(5) Performing artists may transfer these rights to the producer by contract for an appropriate fee.
(6) If the performance is performed by an orchestra, chorus or theatre group, only the permission of the conductor is sufficient in the orchestra or chorus, and only the permission of the director in the theatre group.
(7) For performances performed on the initiative of an entrepreneur and based on a contract, the permission of the entrepreneur must also be obtained.
B) Phonogram producers who first record a performance product or other sounds have the following rights after acquiring the authority to use the financial rights from the author and the performing artist.
(1) The rights to permit or prohibit the direct or indirect reproduction, distribution, sale, rental and lending to the public of the recording made with the permission of the author and the performing artist belong exclusively to the phonogram producer. The producers have the exclusive right to permit the transmission and retransmission of their recordings to the public by means of means used to transmit signals, sounds and/or images.
(2) The phonogram producer has the right to permit or prohibit the distribution by sale or other means of the original or reproduced copies of their recordings that have not yet been put up for sale or distributed by other means within the country.
(3) The phonogram producer has the right to permit or prohibit the sale or distribution or presentation to the public of the recordings of the performances by wire or wireless means and the transmission to the public by ensuring that real persons have access to their recordings at the place and time they choose. The distribution and presentation of the recordings by means of transmission to the public does not infringe the producer's right to disseminate.
C) (Amended: 5101 - 3.3.2004 / Article 23) Radio and television organizations shall fulfill their obligations stipulated in this Law. Radio and television organizations have the exclusive right over the broadcasts they perform;
(1) To permit or prohibit the detection of their broadcasts, their simultaneous transmission by other broadcasting organizations, delayed transmission, retransmission, and distribution by satellite or cable;
(2) To permit or prohibit the direct or indirect reproduction and distribution of their broadcasts by any technique or method, except for private use;
(3) To permit or prohibit the transmission of their broadcasts in public places;
(4) To permit the transmission of their detected broadcasts to the public by ensuring that real persons can access their broadcasts at the place and time they choose;
(5) To permit or prohibit the transmission to the public of broadcast signals on communication satellites or directed to them by another broadcasting organization or cable operator or other third parties and the decryption of their encrypted broadcasts
.
2. The film producer who made the first fixation of the films shall have the following rights after acquiring the authority to use the financial rights from the author and the performing artist.
(1) The film producer has the exclusive right to permit or prohibit the direct or indirect reproduction, distribution, sale, rental and lending to the public of the fixation made with the permission of the author and the performing artist. The producers have the exclusive right to permit the transmission and retransmission of their fixations to the public by means of means used for the transmission of signals, sounds and/or images.
(2) The film producer has the right to permit or prohibit the distribution by sale or other means of the original or reproduced copies of the film fixations that have not yet been put up for sale or distributed by other means in the country.
(3) The film producer has the right to permit or prohibit the sale or distribution or presentation to the public of the film fixations by wire or wireless means or by other means and to ensure that real persons can access their fixations at a place and time of their choice. Distribution and presentation of fixations through transmission to the public does not infringe the producer's right to disseminate.
In the event that performances and films recorded on phonograms are transmitted to the public in any way, those who use them are obliged to pay an appropriate fee for such use to the performing artists and producers or relevant professional associations in addition to the owners of the works.
In a cinema work, the natural or legal person whose name is normally included is considered the producer who first fixed the film unless there is evidence to the contrary.
After the joint owners of cinema works transfer their financial rights to the producer who first fixed the films, they cannot object to the dubbing or subtitling of the film unless there is a contrary or special provision in their contracts.
The owner of the musical work retains the right to publish and perform his work, provided that the provisions in the contract he made with the producer who first fixed the films are reserved.
The permissions given by the neighboring rights holders and the producers who first fixed the films must be in writing.
Written permission of the neighboring rights holder and the film producer is not required in the following cases:
1. Performance and presentation to the public of intellectual and artistic works for the purposes of public order, education-training, scientific research or news, and without the aim of profit
. Duplication of intellectual and artistic works and radio and television programs for personal use without the aim of broadcasting or profit.
3. Short-term temporary fixes made by radio and television organizations for their own broadcasts with their own means.
4. Cases specified in articles 30, 32, 34, 35, 43, 46 and 47 of this Law.
This practice cannot harm the legitimate interests of the right holder without a justified reason or be contrary to the normal use of the work.
Those who have rights related to the rights of the authors also benefit from the rights of the authors to prevent infringement, to prevent infringement and to file a compensation lawsuit, just like the authors.
(...) (The 10th paragraph of Article 80 has been repealed in accordance with the provision of subparagraph (r) of Article 578 of Law No. 5728 dated 23.1.2008, published in the Official Gazette No. 26781 dated 8.2.2008.)
II- PREVENTION OF VIOLATION OF RIGHTS
ARTICLE 81 - (Amended: 5728 - 23.1.2008 / Article 143) It is mandatory to affix a banderol to reproduced copies of musical and cinema works and non-periodical publications. In addition, it is mandatory to affix a banderol to reproduced copies of other works that are easily copied upon the request of the work or the right holder . Banderols are printed and sold by the Ministry. Banderols can also be sold through professional associations at the sales price determined by the Ministry .
In order to obtain a banderol, the person requesting the banderol must fill out an undertaking declaring that he/she is the legal right holder. The application is made together with other documents and papers determined by the Ministry. The Ministry is obliged to issue a banderol within ten working days upon this application without the need for any other procedure . The Ministry cannot be held responsible for these procedures based on the declaration.
Places that produce materials related to the detection and reproduction of copies that are required to be stamped or that perform the filling and reproduction of these materials are obliged to obtain a copy of the undertaking specified in this article, keep it and present it to the competent authorities when requested. A person who reproduces a work that
is contrary to the stamping obligation or without a stamping , offers it for sale, sells, distributes or purchases or accepts it for commercial purposes shall be punished with imprisonment from one to five years and a judicial fine of up to five thousand days.
The Ministry and provincial administrators may always inspect whether the copies and non-periodical publications that are required to be stamped have a stamping . When deemed necessary, provincial administrators may establish inspection commissions in the provinces ex officio or upon the request of the Ministry to carry out this inspection. If necessary, representatives of the Ministry and relevant professional associations may also take part in these commissions.
If it is determined during these inspections that the rights protected by this Law have been violated, action shall be taken in accordance with the third paragraph of Article 75. The sale of
legally reproduced copies with banderols protected under this Law on roads, squares, markets, sidewalks, piers, bridges and similar places is also prohibited. Those who act contrary to this prohibition shall be punished in accordance with the first paragraph of Article 38 of the Law on Violations.
The procedures and principles regarding the implementation of the matters specified in this article shall be regulated by a regulation to be issued by the Ministry.
A person who produces, offers for sale, sells, distributes, purchases, accepts or uses
counterfeit banderol shall be punished with imprisonment from three to seven years and a judicial fine of up to five thousand days. A person who applies banderols obtained in accordance with the procedure for a work to another work shall be punished with imprisonment from one to five years and a judicial fine of up to fifteen hundred days. A person who obtains
banderols by fraudulent means without being authorized shall be punished with imprisonment from one to three years. A person who provides
banderols to unauthorized persons shall be punished with imprisonment from two to five years and a judicial fine of up to five thousand days.
If the violation of the banderole obligation is committed together with the crime defined in subparagraph (1) of the first paragraph of Article 71 regarding the same work, the perpetrator shall be sentenced only to the penalty according to Article 71. However, the penalty to be imposed shall be increased by one third.
If the crimes defined in this Law are committed within the scope of the activities of a legal entity, the security measures specific to legal entities of the Turkish Penal Code shall be imposed on the relevant legal entity.
III. SCOPE AND DURATION OF RIGHTS RELATED TO THE RIGHTS OF THE AUTHOR (*)
_____
(*) Amended in accordance with Article 34 of the Law No. 4630 dated 21.2.2001.
_____
ARTICLE 82 - (Amended: 4110 - 7.6.1995) The provisions of this Law regarding performing artists;
1. Citizens of the Republic of Turkey,
2. Not citizens of the Republic of Turkey; It applies to performers whose performances are carried out within the borders of the Republic of Turkey, are included in "phonograms or first film recordings " to which the provisions of this Law are applied (Amended phrase: 4630 - 21.2.2001 / article 34) and are not fixed "to a phonogram or to a film" (Amended phrase: 4630 - 21.2.2001 / article 34) but are broadcasted through radio and television broadcasts to which the provisions of this Law are applied
.
The provisions of this Law (Amended phrase: 4630 - 21.2.2001 / article 34) regarding "phonograms and first film recordings";
1. The producers of which are citizens of the Republic of Turkey (Amended phrase: 4630 - 21.2.2001 / Article 34) "or"
2. Located within the borders of the Republic of Turkey,
(Amended phrase: 4630 - 21.2.2001 / Article 34) "phonograms and films".
The provisions of this Law regarding radio and television broadcasts;
1. The centers of which are within the borders of the Republic of Turkey (Amended phrase: 4630 - 21.2.2001 / Article 34) "or"
2. Broadcasted via a reflector within the borders of the Republic of Turkey
.
The provisions of this Law regarding "related rights" (Amended phrase: 4630 - 21.2.2001 / Article 34) also apply to performing artists, producers and radio and television organizations protected under the provisions of an international treaty to which the Republic of Turkey is a party.
(Amended paragraph 5: 4630 - 21.2.2001 / Article 34) The rights of performing artists continue for seventy years, starting from the date of the first detection of the performance. If the performance has not been detected, this period begins when the performance first becomes public.
(Amended paragraph 6: 4630 - 21.2.2001 / Article 34) The rights of producers continue for seventy years, starting from the date of the first detection.
B) UNFAIR COMPETITION:
I - NAMES AND SIGNS:
ARTICLE 83 - The name and signs of a work and the forms of the reproduced copies cannot be used in another work or in its reproduced copies in a way that could lead to confusion.
The provision of paragraph 1 shall not apply to names, signs and external forms that are generally used and do not have a distinctive feature.
The application of this article is not dependent on the conditions in the first, second and third sections of the law being met.
The provision of Article 14 of the Press Law on periodical names is reserved.
Even if the violator is not a merchant, the provisions regarding unfair competition shall apply to those who act contrary to the provision of the first paragraph.
II - SIGNS, PICTURES AND SOUND:
ARTICLE 84 - A person who fixes a sign, picture or sound on a device used to transmit them or rightfully reproduces or disseminates them for commercial purposes may prevent the reproduction and publication of the same sign, picture or sound by a third person using the same means.
Even if the violator is not a merchant, the provisions regarding unfair competition shall apply to those who act contrary to the provision of the first paragraph.
The provision of this article shall also apply to all kinds of photographs that are not works, pictures recorded using similar methods and cinema products.
C) LETTERS:
ARTICLE 85 - Letters, memoirs and similar writings, even if they are not in the nature of a work, cannot be published without the consent of the authors and, if they are deceased, the persons specified in the first paragraph of Article 19. Unless ten years have passed since the death of the author.
Letters cannot be published without the consent of the addressee or, if the addressee is deceased, the persons specified in the first paragraph of Article 19, other than the conditions in the first paragraph; unless ten years have passed since the death of the addressee.
(Amended paragraph 3: 5728 - 23.1.2008 / art. 144) The provisions of Article 49 of the Code of Obligations and Articles 132, 134, 139 and 140 of the Turkish Penal Code shall apply to those who act contrary to the above provisions.
(Amended 4th paragraph: 5728 - 23.1.2008 / art. 144) In cases where publication is permissible according to the provisions of the first and second paragraphs, the provision of Article 24 of the Turkish Civil Code No. 4721 is reserved.
D) PICTURES AND PORTRAITS:
I - IN GENERAL:
ARTICLE 86 - Even if they are not works of art, paintings and portraits cannot be exhibited or presented to the public by other means without the consent of the depicted person or, if the depicted is dead, of those listed in the first paragraph of Article 19, within 10 years after the death of the depicted.
Obtaining the consent in the first paragraph:
1. Pictures of people who play a role in the political and social life of the country;
2. Pictures showing parades, official ceremonies or general meetings in which the depicted persons take part;
3. It is not necessary for radio and film news in pictures related to daily events.
(Amended paragraph 3: 5728 - 23.1.2008 / article 145) The provisions of Article 49 of the Code of Obligations and, if the conditions exist, Articles 134, 139 and 140 of the Turkish Penal Code shall be applied to those who act contrary to the provision of the first paragraph.
(Amended paragraph 4: 5728 - 23.1.2008 / article 145) In cases where publication is permissible according to the provisions of the first and second paragraphs, the provision of Article 24 of the Turkish Civil Code is reserved.
II. EXCEPTIONS:
ARTICLE 87 - Unless otherwise agreed, the person who ordered or the person depicted or their heirs may have a photograph taken from a picture or portrait made upon order of a person.
This provision does not apply to portraits and pictures made by printing. However, if it is not possible to obtain the pictures and portraits created in this way for those listed in the first paragraph or if it causes relatively great difficulty, their photographs can also be taken.
E) CONFLICT OF LAWS:
ARTICLE 88 - (...) (Article 88 has been repealed in accordance with the provision of Article 64, paragraph 3 of Law No. 5718, dated 27.11.2007, published in the Official Gazette No. 26728, dated 12.12.2007.)
ADDITIONAL ARTICLE 1 - (...) Additional Article 1 is the provision of Article 18 of Law No. 2936 - 01.11.1983 and has been converted into an additional article and numbered for consecutive periods. )
The statutes and regulations to be issued according to this Law shall be prepared within 6 months and published in the Official Gazette.
Additional ARTICLE 2.- (Added: 4110 - 7.6.1995) (Amended: 4630 - 21.2.2001 / art. 35) The protection provided by this Law shall apply to;
1. All works, identified performances and phonograms existing in Turkey produced by Turkish citizen authors and owners of rights related to the rights of the authors,
2. Foreign works, identified performances and phonograms produced in other countries party to international conventions and agreements to which Turkey is a party and which have not become public domain because the protection period has not expired in these countries
.
Persons who hold the ownership of legal copies of works, identified performances and phonograms that are subject to protection as a result of the application of the first paragraph may sell or dispose of these copies without the need for written permission until the end of the six-month period following the entry into force of this Law.
However, the use of the rights granted to the owners of works and other right holders within the framework of this Law, with respect to works, identified performances and phonograms, is subject to the permission of the owners of the works or related rights.
(The provisions of this Law regarding the ownership of cinematographic works shall apply to cinematographic works whose production began after 12.6.1995, the date on which Law No. 4110 entered into force.)(*)
_____ (*) Additional Article 2, “The provisions of this Law regarding the ownership of cinematographic works
shall apply to cinematographic works whose production began after 12/6/1995 , the date on which Law No. 4110 entered into force .” The last paragraph of the form, “dialogue writer and animators”, in terms of the Constitutional Court's decision published in the Official Gazette dated 17.3.2012 and numbered 28236, numbered 2010/73 E. on 29.12.2011. It has been annulled by the Decision No. 2011/176 K.
_____
ADDITIONAL ARTICLE 3 - (Added: 4110 - 7.6.1995) The principles regarding the practices regarding Neighboring Rights shall be determined by the regulation to be issued within 6 months from the date of entry into force of the Law.
ADDITIONAL ARTICLE 4.- (Added: 4630 - 21.2.2001 / article 37) Information on the copies of the work or seen during the presentation of the work to the public regarding the work and the owner of the work , the owner of any of the rights on the work or the periods and conditions regarding the use of the work, and the numbers or codes representing this information cannot be removed or changed without authorization. The originals or copies of the works whose information and the numbers or codes representing this information have been changed or removed without authorization cannot be distributed, imported for distribution, published or communicated to the public.
The provisions of the above paragraph shall also apply to phonograms and performances recorded in phonograms.
(Amended paragraph 3: 5101 - 3.3.2004 / Article 25) In case of violation of the rights of right holders related to the work owners by means of means of signal, sound and/or image transmission, including digital transmission, by service and information content providers, the works in question shall be removed from the content upon the application of the right holders. For this purpose, the real or legal person whose rights have been violated shall first apply to the information content provider and request the cessation of the violation within three days. If the violation continues, upon application to the public prosecutor, the service provider shall be requested to cease the service provided to the information content provider continuing the violation within three days. If the violation is stopped, the service shall be provided to the information content provider again. Service providers shall notify the Ministry of the list showing the names of the information content providers on the first business day of each month. Service providers and information content providers shall be obliged to provide all kinds of information and documents upon request by the Ministry. The procedures and principles regarding the implementation of the matters specified in this article shall be determined by a regulation to be issued by the Ministry.
(...) (Paragraph 4 of Additional Article 4 has been repealed in accordance with the provision of paragraph (r) of Article 578 of the Law No. 5728 dated 23.1.2008, published in the Official Gazette No. 26781 dated 8.2.2008.)
ADDITIONAL ARTICLE 5.- (...) (ADDITIONAL ARTICLE 5 has been repealed in accordance with the provision of Article 13/b of the Law No. 6279 dated 22.2.2012, published in the Official Gazette No. 28219 dated 29.2.2012, to be valid six months after the date of publication.)
ADDITIONAL ARTICLE 6.- (Added: 4630 - 21.2.2001 / article 39) The phrase "Culture and Tourism" in this Law has been changed to "Culture".
ADDITIONAL ARTICLE 7. - (Amended: 5217 - 14.7.2004 / article 17/b - Entry into force article 32/2) Of this Law;
a) Registration and registration fees to be collected pursuant to article 13,
b) Reconciliation commission application fees to be collected pursuant to article 41, c)
Banderol fees
to be collected pursuant to article 81 , shall be deposited into the account of the Central Accounting Directorate of the Ministry of Culture and Tourism and recorded as revenue in the budget. The necessary allocation for having banderol made shall be placed in the budget of the Ministry.
The members of the commissions to be established pursuant to Article 41 shall be paid a meeting fee from the Ministry budget based on the amount calculated by multiplying the indicator number (2000) by the civil servant monthly coefficient for each meeting day, not exceeding ten meeting days per year. ADDITIONAL ARTICLE 8.- (Added: 5101 - 3.3.2004 / Article 26) The database producer, who invests
in a substantial proportion in terms of quality and quantity in the creation, verification or presentation of the content of a database, shall also have the right to permit or prohibit, with the exceptions listed in this Law and the exceptions required by public security, administrative and judicial procedures, a significant portion or all of the content of the database;
a) Transferring it to another medium permanently or temporarily in
any way by any means, b) Distributing, selling, renting or communicating it to the public
by any means.
The protection granted to the database producer shall be for fifteen years from the date of publicity.
Any addition, deletion or change in quality and quantity that causes a fundamental change in the content of the database and requires a new investment, and the database resulting from this new investment shall be entitled to its own protection conditions.
The provisions of Article 72, paragraph (3) of this Law shall be applied to those who violate the rights granted in this article. ADDITIONAL ARTICLE 9.- (Added: 5101 - 3.3.2004 / Article 26) In order to ensure the monitoring and protection of intellectual property rights and to be used in investigations and prosecutions, the Ministry shall establish a common database
including the professional associations mentioned in this Law, public places, radio-television organizations and places that produce materials related to the identification and reproduction of intellectual and artistic works and/or fill, reproduce and sell these materials or disseminate them in any way .
The necessary technical infrastructure and equipment, access, use, authorization and all other issues related to the creation of the database shall be determined by a regulation to be issued by the Ministry.
ADDITIONAL ARTICLE 10 - (Amended: 5728 - 23.1.2008 / article 146) Administrative fines shall be imposed in the following cases:
1. A person who operates without obtaining the certificates required to be obtained in accordance with article 44 shall be punished with an administrative fine of ten thousand Turkish Lira to thirty thousand Turkish Lira by the local civil administrator. The upper limit of the administrative fine to be imposed on the relevant legal entity is fifty thousand Turkish Lira. 2.(...) (
Subparagraph (2) of the first paragraph of ADDITIONAL ARTICLE 10 has been repealed as per the provision of Article 13/.b of the Law No. 6279 dated 22.2.2012, published in the Official Gazette No. 28219 dated 29.2.2012, effective six months after its publication date.)
Fifty percent of the amount collected from administrative fines imposed in accordance with the provisions of this article shall be transferred to the account of the Ministry of Culture and Tourism.
ADDITIONAL ARTICLE 11.- (Added: 5101 - 3.3.2004 / Article 26) If there is no copy produced for the disabled of written scientific and literary works, including textbooks, that have been made public or published, it may be reproduced or loaned by a disabled person or a third party in a single copy for their use without any commercial purpose, or by educational institutions, foundations or associations that provide services to the disabled, in cassettes, CDs, Braill alphabets and similar formats as much as needed, without obtaining the permissions stipulated in this Law. These copies cannot be sold, traded or used or made to be used for purposes other than their intended purpose. In addition, it is mandatory to include information on the rights holders on these copies and to state the purpose of reproduction. BONUS
ADDITIONAL
ARTICLE 12.- (Added: 5571 - 28.12.2006 / Article 3) In case of seizure of copies and publications reproduced in violation of Article 81 of this Law, a bonus shall be paid to the public servants among the chairmen and members of the inspection commission who are responsible for prevention, monitoring and investigation and who are actually involved in the seizure of materials that are the subject of crime within the framework of the provisions of this Law and other relevant legislation.
The total amount of the bonus that can be given to the chairmen and members of the inspection commission as a result of seizures made within the framework of an inspection activity cannot exceed the amount found by multiplying the index figure of fifty thousand by the civil servant monthly coefficient. The bonus amount shall be shared equally among the relevant parties. The total annual amount of the bonus to be paid to a person cannot exceed the amount found by multiplying the index figure of forty thousand by the civil servant monthly coefficient.
Fifty percent of the bonus to be paid shall be paid from the relevant section of the Ministry's budget within one month following the
confiscation decision to be given by the court if the copies and publications are found unclaimed, the filing of a public lawsuit if they are found possessed, and the remaining fifty percent shall be paid from the relevant section of the Ministry's budget within one month following the finalization of the judgment regarding the confiscation or conviction . In the event that legal copies sold in places where sales are prohibited by the seventh paragraph of Article 81 of this Law are seized, no bonus shall be paid.
No tax or deduction shall be made from the bonuses to be paid according to this article.
The formation and working principles of the audit committees, the indicators to be determined by taking into account the nature and quantity of the seized material in the calculation of the bonus to be paid, and other procedures and principles regarding the implementation of this article shall be regulated by the regulation to be issued by the Ministry after obtaining the positive opinion of the Ministry of Interior and the Ministry of Finance.
F) TEMPORARY PROVISIONS:
I - TRANSFER PROVISIONS:
1. IN GENERAL:
TEMPORARY ARTICLE 1 - Unless otherwise specified in the following articles, the provisions of this law shall also apply to works that were first presented to the public or registered in the country before their entry into force. Whether or not the work or product is included in the provisions of the Copyright Law dated 8 May 1326 does not change the situation.
The protection periods related to works that became public before the entry into force of this law shall be calculated according to this law.
The terms copyright, copyright, literary property, fine arts property and similar expressions used in legislation and contracts shall mean the rights and authorities granted by this law in similar cases. If
the rights on the work or their use have been transferred to someone else in whole or in part before the entry into force of this law, the new and more extensive rights and authorities granted to the owner of the work by this law shall not be deemed to have been transferred. The same provision shall also apply to the cases where the protection period is longer than the previous one or to works and products not protected by the previous law.
2. PROTECTION OF ACQUIRED RIGHTS:
TEMPORARY ARTICLE 2 - If the periods in the previous law are longer, those periods shall apply to works published before the publication of
this Law. If a legitimate translation or adaptation of a work has been published before the publication of this Law, the rights and authorities acquired by the translator or the adaptor under the provisions of the previous law shall not be affected. If
the publication of a translation that is permissible under the provisions of the previous law but prohibited by this Law has been started before the date of entry into force of this Law, the publication may be completed. However, this publication period shall not exceed one year. The same provision shall also apply to translated works delivered to such representative institutions for representation in public places.
If a reproduction that was permitted under the provisions of the old law but prohibited by this law was started on the date of publication of this law, the reproduction may be completed and the reproduced copies may be published
. The publication of copies that were in existence at the time of the entry into force of this law and were permitted under the provisions of the old law may continue. The same provision applies to devices used for transmitting signs, images and sounds, and to molds and similar means used for the reproduction of works of fine art.
Anyone wishing to exercise the authority granted by the above paragraph is obliged to notify the authorized authority and have these copies and devices sealed within 6 months from the entry into force of the law. If necessary, details may be determined by a regulation.
PROVISIONAL ARTICLE 3 - (Added: 2936 - 1.11.1983) Until the number of members envisaged in the bylaws are completed and the elections are held in order for the professional unions and federations to hold their first general assemblies, the chairmen and members of the compulsory organs shall be determined by the Decision of the Council of Ministers upon the proposal of the Ministry of "Culture".
PROVISIONAL ARTICLE 4 - (Added: 2936 - 1.11.1983) The Decree of the Council of Ministers numbered 8/423 dated 15.3.1980, issued in accordance with Article 43 of the Law on Intellectual and Artistic Works numbered 5846, and the fee schedule to be issued according to this Decree, shall be applied from 15.3.1980 until 31.12.1985.
In accordance with the fee schedule to be issued in accordance with the Decree of the Council of Ministers, payments for works transferred to the professional association with an authorization certificate will be made to the relevant professional association to be distributed to the right holders; in other cases, directly to the financial right holders. These payments shall be made by the Turkish Radio and Television Corporation by 31.12.1985 at the latest.
The professional association shall set off its share from the payroll provided by the Turkish Radio and Television Corporation and pay the balance to its member beneficiaries within two years following the payment made to it.
Fees not requested by members within two years shall be deposited into a special account to be opened in a national bank in the name of the Ministry of Culture in accordance with Article 44.
TEMPORARY ARTICLE 5 - (Added: 4110 - 7.6.1995) Professional associations established before the entry into force of this Law shall be transformed into new professional associations within one year from the publication of their standard statuses, under the supervision of the Ministry of Culture, in accordance with the relevant provisions of the Law and the principles of standard status, and shall form their new bodies by holding a general assembly meeting within this period.
Professional associations that do not comply with the provisions of the first paragraph shall be deemed to have been dissolved automatically at the end of the first year.
TEMPORARY ARTICLE 6.- (Added: 5101 - 3.3.2004 / Article 27) The procedure foreseen in Articles 41 and 43 of this Law for the determination of tariffs and the conclusion of contracts shall be implemented as of the date of publication of the Law, without waiting for the periods specified in these articles, taking the current year as basis.
Broadcasting contracts signed between professional associations and public places and broadcasting organizations before the date of publication of this Law shall be valid with all their provisions until the end of the periods specified in these contracts.
The classification foreseen in Articles 41 and 43 of this Law shall be made within one month at the latest from the entry into force of this Law. Depending on this classification, localities and/or broadcasting organizations that apply to professional associations for permission and contract within six months from the first announcement or announcement of the tariffs by the professional associations within one month at the latest may continue to use and/or transmit works, performances, phonograms, productions and publications for a maximum of six months by paying 1/4 of the professional association tariff for three-month periods. The provisions of this paragraph do not prevent the application of the procedure foreseen in Articles 41 and 43 of this Law.
TEMPORARY ARTICLE 7.- (Added: 5101 - 3.3.2004 / Article 27) All kinds of tools, equipment and materials of the inspection commissions established in the provinces before the publication date of this Law, which are not deemed necessary to continue their activities within the framework of the provisions of Article 81, shall be transferred to the provincial directorates of culture and tourism.
TEMPORARY ARTICLE 8.- (Added: 5101 - 3.3.2004 / art. 27) The regulations stipulated in the articles amended by this Law shall be prepared and put into effect within six months as of the date of publication of this Law. The database stipulated in Additional Article 9 shall be created within one year as of the date of publication of this Law.
II. REPEALED PROVISIONS:
ARTICLE 89 - With the Copyright Law dated 8 May 1326, provisions of other laws that are contrary to this Law have been abolished.
G) FINAL PROVISIONS:
I- ENTRY INTO FORCE OF THE LAW:
ARTICLE 90 - The provisions of Articles 42 and 43 of this Law shall enter into force as of the date of publication of the Law, and the other provisions shall enter into force on January 1, 1952.
II- AUTHORITY IN CHARGE OF THE EXECUTION OF THE LAW:
ARTICLE 91 - The provisions of this Law shall be executed by the Council of Ministers.