Copyright Protection in Türkiye
- TSerkanBudak
- Jan 2, 2024
- 3 min read
In terms of copyright protection there are four main international agreements: The Bern Convention (1886), TRIPS Agreement (1994), WIPO Copyright Treaty (1996), and Marrakesh Treaty (2013). Türkiye has signed all of these agreements but only Marrakesh Treaty has not been ratified, the process is being continued. To conformity The Bern Convention, Türkiye has acted 5846 Law on Intellectual and Artistic Works. The agreement still in force in Türkiye, the latest modification has been done in 25 August 2021 in the agreement.
THE PROTECTION LENGTHS
According to the Bern Convention Article 7/1 the minimum length of protection should be at least the life of the author and fifty years after their death. (The term of protection granted by this Convention shall be the life of the author and fifty years after his death.) However, like Türkiye, there are tendency to improve the protection length after the author's death. For instance, in the European Union, the protection length 70 years. The same length is valid in Türkiye. 70 years begin after the author's dead's first day of the years. For instance, if an author dead in 1 July 2022, 70 years starts after on the first of January in 2023. It is important to suggest that, these 50 years and 70 years protection are general, there are different protection length for different type products in both agreements.
In Türkiye, the Law no. 5846 articles 27 and 82 are related with the protection lengths; Article 27
"(b) Continuation of the Periods
27. (Amended: 7.6.1995—4110/article 10)
The protection period continues during the lifetime of the owner of the work and for 70 years after his death.
For works becoming publicized after the death of their owner, the protection period is 70 years after the date of death.
In cases stated in the first paragraph of article 12, the protection period is 70 years from the date that the work becomes publicized; provided that the owner of the work discloses his name before the expiry of this period.
In case the first owner of the work is a corporal person, the protection period is 70 years from the date that the work becomes publicized."
And the last three sentences of the article 82 are: "The rights of the performing artists commence on the date of the initial recording of the performance and last for 70 years. If the performance is not broadcast, this period commences upon the initial becoming publicized of the performance.
The rights of the producers commence on the date of the initial broadcast of the sound carrying devices and lasts for 70 years.
The rights of the radio-television organizations commence on the date of the initial broadcast of the program and lasts for 70 years."
THE PROTECTED WORKS
According the 5846 Law, all literary and artistic works such as writing, music and works of the fine arts, technology-based works are protected. In Türkiye, to consider whether a work protected by the 5846 law, three criteria must be met: must be depicted an artistic work in the law, should be explained in fixed way, and has to bear the characteristics of its owner.
As it is mentioned previous paragraph, it is not necessary to register a work for protection by 5846 law, however the registration is advised since it is easier to prove the owner of the work when infringement occurs.
THE AUTHORS' RIGHTS
The author's have two types of rights; economic rights and moral rights.
The author’s economic rights are explained in the articles 21 – 25 and article 45 in the law no. 5846. These are; right to adapt, right to duplicate, right to disseminate, right to perform, right to broadcast through radio, right to share and tracking.
The moral rights are: authority to present to the public, the authority to state the name, prohibition of changes on the work, the rights of the owner of the work against the possessor and the owner.
copyright protection in Türkiye
T. Serkan Budak
Attorney at Law
+90 553 023 07 27
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