Copyright and related rights in Turkey
The law relating to copyright and related rights goes back to 1951 and has been amended several times (Law on Intellectual and Artistic Works n° 5846 of 1951 amended by law n° 4630 of 2001). This law has been completed by several texts that regulate related rights, work marking and rights management. Turkey is party to the Berne Convention (Paris Act, 1971), to the Rome Convention, to the WIPO Convention, and to the TRIPS Agreement. There are several collective management bodies in Turkey among which, the recently created SETEM that specialises in film and television copyright.
1. INTERNATIONAL INSTRUMENTS
Turkey is bound by the following instruments:
- Berne Convention (on literary and artistic works), since January 1952
- WIPO Convention, since May 1976.
- Rome Convention (protection of performers, producers of phonograms and broadcasting organisations), since April 2004.
- TRIPS Agreement, since January 1995
2. NATIONAL LEGISLATION:
- Law on Intellectual and Artistic Works n° 5846 of 1951 as last amended by law n° 4630 of 2001
- Regulations on Neighbouring Rights to the Authors of Works 1997
- Copyright (Marking Works) Regulations 1997 (consolidation)
- Copyright (Unions Owners of Neighbouring rights) Statute 1999.
National law regulation of cinematographic and audiovisual works
- authors (director, scenario-writer, dialogue writer, composer of the music especially made for the film, cartoons designer);
- Authors’ rights :
- economic rights: reproduction right; right of adaptation and translation ; distribution right; rental and lending right; import right. Right of communication to the public by all means including cable and satellite; broadcasting right; right of making available to the public.
- moral rights: right to claim authorship; right to object modification; right of disclosure.
- Performers' rights:
- economic rights: right of communication to the public; broadcasting right; fixation and reproduction right; rental right.
- moral rights: right to claim authorship.
- Film producers’ rights: Film producers do not have a related right but are protected against unfair competition.
- Broadcasters' rights :
- economic rights: right to authorise the reproduction and rebroadcasting of their broadcasts as well as the communication to the public where an entrance fee is paid.
Assignability of rights:
- authors’ rights:
- economic rights: assignable inter vivos and mortis causae.
- moral rights: not transferable inter vivos; transferable mortis causae by application of the law.
Existence of a presumtion of assignment of rights to the producer:
Duration of rights:
- authors’ rights :
- economic rights: 70 years after the death of the last co-author to survive ;
- moral rights: 70 years after the death of the author.
- performers' rights: 70 years after the publication of the fixation of the performance; failing publication, 70 years after communication to the public of the performance
- broadcasters' rights: 70 years starting from the year of broadcast
Remuneration for private copying:
Infringements of rights punished by law:
- any infringement of rights protected by law (including authors’ moral rights)
- omission to mention the source in case of exception to copyright
- import or export of infringing copies
- storing, putting into circulation, sale, rental of infringing copies
- unlawful disclosure, infringement of work integrity or of right to claim authorship
- complicity in infringement of rights
- exploitation of works by distribution of copies with no legal marking
Proceedings and penalties:
- summary proceedings
- civil and penal actions
- imprisonment from 2 to 6 years (penalty increased in case of repetition of infringement within 2 years) in case of infringement of authors’ rights and from 3 months to 1 year in case of infringement of related rights
- termination of infringement of rights
- prohibition of exploitation of a work modified in violation of the author’s moral rights and correction of the copies in circulation
- restoration of the work modified in violation of the author’s moral rights or, if impossible, publication of a mention
- seizure or destruction of infringing copies and materials used to produce them
- closure of establishment
- delivery to the right holder
- allocation of damages
- publication of the judgment
3. COMPETENT MINISTRY:
Ministry of Culture
Atatürk Bulvari 29
06050 Opera – Ankara
Tel : (90.312) 309.08.50
Fax : (90.312) 311.14.31
Directorate General of Copyright and Film
Anafartalar Caddesi 67
06250 Ulus – Ankara
Tel : (90.312) 310.00.26
Fax : (90.312) 309.07.79
4. COLLECTIVE MANAGEMENT OF RIGHTS
There are several collective management bodies in Turkey. MESAM and MSG are specialised in the musical sector. The recently created (2006) SETEM specialises in film and television copyright.
Sinema ve Televizyon Eseri Sahipleri Meslek Birligi (SETEM)
(Association of film producers, authors and composers)
Istiklal cad. Atlas pasaj no:209 / 41c Beyoglu
Tel/Fax : (90.212) 293.48.29
Türkiye Musiki Eseri Sahipieri Meslek Birligi
Halaskargazi Caddesi (MESAM)
N° SISLI 364
Tel : (90 212) 296 99 10
Fax : (90 212) 296 99 26
E-mail : firstname.lastname@example.org
Web site : http://www.mesam.org.tr
Müzik Eseri Sahipleri Grubu Meslek Birligi
Dr. Orhan Birman Is Merkezi Barbaros Bulvari Dikilitas Mahallesi No:121 Kat:1
Besiktas / Istanbul
Tel : 0 212 267 45 15 (Pbx)
Fax : 0 212 267 45 60
E-Mail : email@example.com
5. USEFUL LINKS
Law text in Turkish language: www.tbmm.gov.tr/kanunlar/k4630.html
International conventions: www.ompi.org, www.wto.org