WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/C/1
17 July 2000
(00-2920)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROP ERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text
1 of the following laws and regulations, as notified by Turkey
under Article 63.2 of the Agreement (see document IP/N/1/TUR/2):
Page
- Law Nº 5846 on Intellectual and Artistic Works, as last amended on 7 June 1995 by Law Nº 4110 2- Draft Law on amending some articles of Intellectual and Artistic Works Law Nº 5846 39
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte
1 des lois et réglementations ci-après, notifiées par la Turquie au titre
de l'article 63:2 de l'Accord (voir le document IP/N/1/TUR/2):
Page
- Loi n° 5846 sur les œuvres intellectuelles et artistiques, modifiée en dernier lieu le 7 juin 1995 par la
Loi n° 41102
- Projet de loi portant modification de certains articles de la Loi n° 5846 sur les œuvres intellectuelles
et artistiques39
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL
ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto1 de las siguientes leyes y reglamentos que Turquía  notificó
de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TUR/2):
Página
- Ley Nº 5846 de obras literarias y artísticas, con su última reforma por la Ley Nº 4110,
de 7 de junio de 19952
- Proyecto de reforma parcial de la Le y Nº 5846 de obras literarias y artísticas 39
                                                     
1 In English only.  The texts in the original language are available for consultation by interested Delegations at the WTO
Secretariat./En anglais seulement.  Les délégations intéressées peuvent consulter les textes dans leur langue d'origine, au Sec rétariat de
l'OMC./En inglés solamente.  Las delegaciones interesadas podrán consultar en la Secretaría de la OMC los textos en su idioma o riginal.IP/N/1/TUR/C/1
Page 2
Law No. 5846 on Intellect ual and Artistic Works
Date of Acceptance: 5.12.1951Date and No. of Official Journal: 13.12.1951/7931Law No. 2936 on the Amendment of Some Arti cles of Law No. 5846 and the Annexing of
Two Provisional ArticlesDate of Acceptance: 1.11.1983Date and No. of Official Journal: 3.11.1983/18210Law No. 4110 on the Amendment of Some Ar ticles of the Law on Intellectual and
Artistic WorksDate of Acceptance: 7.6.1995Date and No. of Official Journal: 12.6.1995/22311
LAW NO. 5846 ON INTELLECTUAL AND
ARTISTIC WORKS DATED 5/12/1951
PART ONE
Intellectual and Artistic Works
A) Definition
Article 1-  Within the meaning of this law, a work is any kind of intellectual and artistic
product bearing the characteristics of its owner and which is considered a work of science
and literature, music, fine arts or cinema under the following provisions.
B) Types of intellectua l and artistic works:
I- Works of science and literature:
Article 2-  Works of science and literature are as follows:
1. (Amended: 7.6.1995-4110/artic le 1) Works expressed in la nguage and writing in any way
and computer programs expressed in any form and their preliminary designs, provided thatthese lead to a program in the next stage;
2. (Amended: 1.11.1983-2936/artic le 1) All kinds of dances, written choreography works and
similar unworded stage works.
3. (Amended: 7.6.1995-4110/1) All kinds  of technical and scientific photographic works that
do not have rhetorical character, all kinds of  maps, plans, projects,  sketches, pictures,
geographical and topographical models and alike,  all kinds of architectural and civil designs
and projects, architectural models, industrial,  environmental and stage designs and projects.
Ideas and principles constituting a basis for any element of a computer program, including
the ideas and principles constituting a basis for its interface, are not considered works.
II. Works of music:
Article 3-  Works of music are all kind of worded and unworded compositions.
III. Works of fine art:IP/N/1/TUR/C/1
Page 3
Article 4- (Amended: 7.6.1995-4110/2)
Works of fine art are;
1. Oil and watercolour paintings ; all kinds of pictures, designs, pastels, engravings,
manuscripts and gilding, works drawn or fixe d with mineral, stone, wood or other substances
by scratching, engraving, tapping or s imilar methods, calligraphy, screen printing,
2. Statutes, reliefs and carvings,3. Works of architecture,4. Handicrafts and minor works of art, miniatu res and products of decorative art, and textile
and fashion designs,
5. Photographic works and slides,6. Graphic works,7. Cartoon works,8. All kinds of typing, with esthetical value.The usage of sketches, pictures, models, desi gns and similar works as industrial models and
pictures does not affect their title as intellectual and artistic works.
IV- Works of cinema:
Article 5-  Works of cinema are as follows:
1. Movies,2. Films carrying didactic and technical characteristics or reflecting daily events,3. All kinds of scientific, technical or rhetorical projection dia-positives.
The above mentioned works take place in the gr oup of cinema works if they are displayed
through projection, even if they are fixe d on material other than film and glass.
Films used merely for the transfer of co mpositions, speeches, conferences, etc. are not
considered as works of cinema.
C) Adaptations:
Article 6-  The intellectual and artistic products crea ted through the use of another work and
not independent as compared to such work, a nd the principal ones of which are listed below
are adaptations;
1. Translations,IP/N/1/TUR/C/1
Page 4
2. The conversion of one of the works such as novels, stories, poems a nd dramas to another
of these kinds,
3. The conversion of works of music, fine arts, science and literature in to films or conversion
of the same into a form suitable for taking  into a film and broadcasting through radio and
television,
4. Musical arrangements,5. Conversion of works of fine arts  from one form into other forms,
6. The conversion of all works or works of th e same kind of the owner of a work into a
complete work,
7. Arrangement of selected and collected works in line with a certain purpose and within a
special plan,
8. Making a work not published yet suitable for publication through scientific research and
study (ordinary transcriptions and facsimiles whic h are not the product of a scientific research
and study are excluded from this),
9. Description or commentary or abridgemen t of a work belonging to someone else.
The adaptations bearing the characteristics of  the adapter are considered works under this
law.
10. (Supplemented: : 7.6.1995-4110/3) Adaptation, a rrangement or any modification of a
computer program.
11. (Supplemented: : 7.6.1995-4110/3) Da ta bases constituted as a re sult of the selection and
gathering of data and materials in line with a certain purpose and within a special plan.(However, the protection provided here may not be expanded so as to protect the data and
materials within the data basis.)
D) Publicized and Published Works:
Article 7-  A work presented to the public with the consent of the owner of its rights is
considered as publicized.
In case the copies of a work obtained by way of its duplication are presented to the public by
way of putting on the market or distribution or any other way with the consent of the ownerof its rights, such a work is considered as published.
The provision of 2nd paragraph of article  3 of Press Law no. 5680 is reserved.IP/N/1/TUR/C/1
Page 5
PART TWO
Owner of the Work
A) Definition:I- General
Article 8- ( Amended: 7.6.1995-4110/4)
The owner of a work is the person who creates it.Unless otherwise is understood by the special c ontract between them or the content of the
work; the owner of the financial rights of the works created by the officials, servants andworkers in conduct of their job is the persons  employing or assigning them. The same rule
applies to the organs of the corporal persons.
The owner of an adaptation is, provided that the rights of the original owner are reserved, the
adapter.
The producer or publisher of a work can exerci se the financial rights only under the contract
he will conclude with the owner of the work.
In cinematographic works; the director, the composer of the original soundtrack and the
author of the scenario are the collective owners  of the work. The collective owners of a work
can transfer the financial rights to the producer under a contract they will conclude andagainst a suitable cost.
After the collective owners of a cinematographic work transfer their financial rights, they can
not object to the duplication, distribution, suppl y to the public, cable transmission, broadcast
by means of television or other media, subscr iption or dubbing of the work by the producer,
unless there is any provision otherwise.
II- More Than One Owner of Work
Article 9-  In case the work created by more than one person can be divided into parts, each
of the owners is considered as the owner of the part he created.Unless otherwise decided, each of the persons collectively creating the work may request theparticipation of the others for the changing or publication of the whole work. If the other
party does not participate without any justif ied reason, the court can permit such an action.
The same provision applies to the ex ercise of the financial rights.
III- Unity Among the Owners of the Work
Article 10-  If the work created through the participation of more than one person constitutes
a whole, the owner of the work is the unity of its creators.
The provisions regarding ordinary corporations are applied to the unity. In case one of the
owners of the work does not permit a collec tive action without any justified reason, the
required permission may be granted by the court.  Each of the owners of the work can act
individually, in case the intere sts of the unity are violated.IP/N/1/TUR/C/1
Page 6
The technical services or aids regarding the details during the creation of a work do not
constitute a basis for participation.
B) Inferences on the ownership of a work
I- In works where the name of the owner is stated:
Article 11-  The person using his name or his known pseudonym in the published copies of a
work or in the original of a work of fine arts as the owner of such a work is considered as the
owner of the said work until otherwise is proven.
(Amended: 7.6.1995-4410/5) The person regularly presented as the owner of the work in
public places or in the conferences and performances broadcast by radio-television isconsidered as the owner of the said work; unle ss another person is considered as the owner of
the work by way of the inference set forth in the first paragraph.)
II- In works where the name of the owner is not stated:
Article 12-  Unless the owner of a published work is not known according to article 11, the
publisher, and in case it is also not known, the duplicator may exercise the rights and
authorities of the owner of the work in his own name.
Such authorities belong to the deliverer of the conference or the executor of the performance
in cases where the owner of the work is not known by inference in the second paragraph ofarticle 11.
The provisions of ordinary proxy are applied in  the relations between the persons authorized
under this article and the orig inal owners of the right.
PART THREE
Intellectual Rights
A) Rights of the Owner of the Work
I- General
Article 13-  The financial and moral interests of the owners of intellectual and artistic works
on such works are governed within the framework of this law.
The rights and authorities granted to the owner of the work cover the whole and parts of the
work.IP/N/1/TUR/C/1
Page 7
II- Moral Rights
1. Authority to Present to the Public
Article 14-  The owner of the work exclusivel y determines the presentation or non-
presentation and the time and way of promulgation of a work.
Only the owner of a work can give informa tion on the content of a work, the whole or a
substantial part of whic h has not become publicized or the main lines of which have not yet
been introduced to the public.
In case the presentation to the public or the way of publication of the work will humiliate the
honour and prestige of its owner, the owner of the work, even if he had authorized someone
else, may prohibit the introduction to the public or  the publication of both the original and the
adapted form of the work. The right to dema nd indemnity of the other party is reserved.
2. The authority to state the name:
Article 15-  The authority to decide on presenting to the public or publishing the work with
the name or pseudonym of its owner or without  a name rests exclusively with the owner of
the work.
It is obligatory to state the name or sign of the original owner of the work in the decided or
customized manner and to clearly show that the created work is a copy or adaptation on theduplicated copies of a work of fine art and the original or duplicated copies of an adaptation.
In case the creator of a work is disputed or any person claims that he is the owner of the
work, the original owner may request the establishment of his right from the court.
(Supplemented: 7.6.1995-4110/6) In th e architectural constructions carrying the properties of
a work, the name of the owner of the work is written indelibly on a visible place on the workwith a material deemed suitable by th e owner of the work upon written request.
3. Prohibition of ch anges on the work
Article 16-  Abbreviations, additions or other change s can not be made on the work or the
name of the owner of the work without the permission of the owner of the work.
The person who adapts, presents to the public, duplicates, promulgates, performs or otherwise
disseminates a work with the permission of the law or the owner of the work can make thechanges deemed necessary due to the techni que of adaptation, dupli cation, performance or
promulgation without any special per mission of the owner of the work.
Although he has unconditionally gr anted permission, the owner of the right reserves his right
to objection against all kinds of changes distur bing his honour or prestige or the content and
properties of the work. Waiver from this right by a contract is void.IP/N/1/TUR/C/1
Page 8
4. The rights of the own er of the work against th e possessor and the owner:
Article 17-  The owner of the rights of duplicati on and adaptation can request from the
possessor of the original to make use of the work as much as required for the exercise of suchrights. However, the owner of the rights can not request the handing over of the work tohimself.
(Amended: 7.6.1995-4110/7) The possessor of the original can own the work under the
conditions of the contract he makes with the owner of the work. However, he can not
deteriorate and destroy the work and dama ge the rights of the owner of the work.
(Supplemented: 7.6.1995-4110/7) In case the work is single and unique, the owner of the
work can request the work so as to return it by fulfilling the protection conditions in order to
use it in the studies and exhibitions cove ring all the periods belonging to him.
5. Exercise of the rights
a) General
Article 18-  Even if the period of continuance of th e financial rights has expired, the owner or
the work may exercise the rights he has under  articles 14, 15 and 16 as long as he lives, in
case a real person and as long as it continues,  in case of a corporal person. Discriminating
infants and handicapped persons to not need the consent of their legal representatives in the
exercise of such rights.
b) Persons who may exercise the rights
Article 19-  In case the owner of the work did not establish the way of exercise of the
authorities granted to him through the first paragraphs of articles 14 and 15 or did not assignthe same to anyone, the exercise of such authorities after his death shall rest with the personauthorized to exercise his legacy, and if th is was not assigned, his surviving spouse and
children and heirs, parents and brother(s)/sister(s) respectively.
After the death of the owner of the work, th e persons listed in the above paragraph can
exercise the rights granted to the owner of the work under the third paragraphs of articles 14,15 and 16 during the effectiveness of the financial rights and within 50 years from the deathof the owner of the work, in their own names.
In case the owner of the work or the persons authorized under the first and second paragraphs
do not exercise their authorities, any person acquiring a financial right from the owner of thework or his heir may exercise the rights granted to the owner of the work under the thirdparagraphs of articles 14, 15 a nd 16 in his own name, provide d that he proves his legal
interest.
In case the authorized persons are more than  one and can not agree on the action, the court
settles the dispute by way of simple judgment most suitably to the possible will of the ownerof the work.IP/N/1/TUR/C/1
Page 9
(Amended: 1.11.1983-2936/article 2) In case none of  the authorized persons mentioned in
article 18 and the above paragra phs is present or they are present but they do not exercise
their authorities or the periods mentioned in the second paragraph have expired, the Ministry
of Culture may exercise the rights granted to the owner of the work under the thirdparagraphs of articles 14, 15 and 16 in its own name, if this is  deemed important in term of
the culture of the country.
III- Financial Rights
1. General
Article 20- (Amended: 1.11.1983-2936/article 3) The ri ght to make use of a work not
publicized yet in any way whatsoever belongs exclusively to the owner of the work. The rightto make use of a publicized work exclusively by the owner of the work consists of the rightset forth in this law as the financial right. Financial rights are not bound to each other. The
deposit and use of one of these does not affect the other.
In case the owner of the work is member of  a professional union, the observation of his work
stated in the written authorization document and the financial rights related to it, thecollection of copyrights and the distribution of  these charges and the work are carried out by
the professional union.
The rules and principles related with the authorization document are determined by the
regulations to be prepared by the Ministry of Culture.
The owner of an adaptation exercises the fina ncial rights granted to him under such title to
the extent allowed by the original owner of the work, except where adaptation is free.
2. Types
a) Right to adapt
Article 21-  The right to make use of a work by way of adapting it rests exclusively with the
owner of the work.
b) Right to duplicate:
Article 22- (Amended: 7.6.1995-4110/article 8) The right to  partially or wholly duplicate the
original or adaptations of a work belong s exclusively to the owner of the work.
Making a second copy of the original of th e works or recording the work on all kinds of
media, known or to be developed in the future, used for transfer and replay of signs, sound
and image, all kinds of sound and music record ings and the implementation of the plans,
projects and sketches of the works of archit ecture are considered as duplication. The same
rule applies to the relief and perforated shapes, as well.
The right to duplicate covers the acts of loading, displaying, operating, transmitting and
storing of the program, to the extent nece ssitated by the provisi onal duplication of the
computer program.IP/N/1/TUR/C/1
Page 10
c) Right to disseminate:
Article 23- ( Amended: 7.6.1995-4110/article 9) The right to disseminate, lease, lend or sell
or make a subject of trade in any way wh atsoever a work and its copies obtained by
duplication from the original or adaptation of it and to benefit from this way belongs only tothe owner of the work. In case the copies of the work duplicated abroad are brought home,the right to promulgate the work at home and to benefit from the work belongs exclusively tothe owner of the work.
The resale of certain copies after their first sales or dissemination is made within the borders
of the country by the transfer of their proper ty by the owner of the right upon the utilisation
of the right to disseminate does not violate the dissemination right granted to the owner of the
work, provided that the rights to leas e and lend to the public are reserved.
D) Right to perform
Article 24-  The right to make use of a work by means of performance such as reading,
playing and displaying its original or adaptati ons directly or through devices used for sign,
sound or image transfer at pub lic places belongs exclusively to the owner of the work.
The transport of the performance from the place it is realized to be presented to the public to
another place by any technical means al so belongs to the owner of the work.
(Supplemented: 1.11.1983-2936/article 4) The right to  perform may not be exercised by other
real or corporal persons without the permissi on of the owner of the work, or in case he is
member of a professional union, of  the professional union within the authorities stated in the
authorization document. However, the provi sions of articles 33 and 43 are reserved.
d) Right to broadcast through radio
Article 25-  The right to make use of a work by promulgating its original or adaptations by
means of radio or similar tec hnical facilities used for sign, sound or image transmission; or
promulgating the works promulgated by this way again through or without cable by receiving
it live at another radio facility or performing it at public places by means of loudspeakers or
similar technical facilities used for sign, sound or image transmission belongs exclusively to
the owner of the work.
3. Periods
a) General
Article 26-  The financial rights granted to the owner of the work are restricted by time. After
the expiry of the protection period, everyone may make use of the rights granted to the owner
of the work, except the situati ons stated in articles 46 and 47.
The protection periods granted for the original or adaptations of a work are not dependent on
each other.IP/N/1/TUR/C/1
Page 11
This provision also applies to the works in the first paragraph of article 9. The protection
period does not become effective prior to the becoming publicized of the work.
For works published in sheets or fascicles, the date of publication of the last sheet or fascicle
is considered as the date of becoming publicized. The date of becoming publicized for eachvolume of the works consisting of numerous vol umes published at intervals and for works
such as bulletins, booklets, periodicals and ye arbooks is the date of publication of each of
these.
The periods commencing at the date of becoming publicized are calculated from the first day
of the year following the year that the work initially becomes publicized or is deemed to havebeen publicized.
In the calculation of the periods commencing from the date of death of the owner of the work,
the first day of the year following the year that the owner of the work has died is consideredas the commencement date. In cases mentioned in  the first paragraph of article 10, the period
commences after the date of death of the last surviving one of the owners of the work.
b) Continuation of the periods
Article 27- (Amended: 7.6.1995-4110/article 10)
The protection period continues during the lifetime of the owner of the work and for 70 yearsafter 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 ar ticle 12, the protection period is 70 years from the
date that the work becomes publicized; provided that the owner of the work discloses hisname before the expiry of this period.
In case the first owner of the work is a corp oral person, the protection period is 70 years from
the date that the work becomes publicized.
c) Protection period for translation into Turkish:
Article 28- (Amended: 7.6.1995-4110/article 11)
In case a work of science and literature original ly published in a language other than Turkish
is not translated into Turkish and published by the owner of the work or by someone else by
his permission within 70 years fro m its date of publication, it may be translated into Turkish
upon the elapse of 70 years.
d) Periods for handicrafts, minor works of art, photographic and cinema works
Article 29- (Amended: 7.6.1995-4110/article 12)
The protection period for handicrafts, minor wo rks of art, photographic and cinema works is
70 years from their date of becoming publicized.
B) LimitationsIP/N/1/TUR/C/1
Page 12
I- In consideration of public order
Article 30-  The rights granted to the owner of the work do not impede the use of the work
before the court and other government offices fo r its proof and as the subject of a proceeding
in the absolute security and penalty proc edures. Photographs may be duplicated and
disseminated through any way whatsoever by th e government offices and by other through
their orders without receiving the consent of the owner, in consideration of public security
and for ordinary purposes.
The provisions of public legislation prohibiting or binding to permission or control the
marketing, performance or use in other ways of the work are reserved.
II- In consideration of general interest
1. Legislation and jurisprudence
Article 31-  Duplication, dissemination, adaptation or  otherwise use of the laws, rules,
regulations, notifications, circular letters and juridical decisions which are officially
promulgated or announced is free.
2. Speeches
Article 32-  The duplication of the words told and the speeches delivered in the Grand
National Assembly and other official assemblies and congresses, courts and public meetingsfor the purpose of giving news and info rmation, reading these in public places or
broadcasting them through radio or otherwise is free.
When not necessitated by the scope of the ev ent and the requirements of the situation, the
names of the owners of the words and speeches may not be mentioned.
Duplicating or otherwise disseminating such words and speeches other than mentioned in the
first paragraph rests with the owner of the work.
3. Freedom of performance
Article 33-  The free performance of a published work at public places exclusively for
training and education purposes or w ithout any aim of be nefit is allowed.
The same rule applies to the performances, the net revenue of which are completely allocated
to felicities.
Yet, it is obligatory to regularly mention the name of the owner of the work and the work.IP/N/1/TUR/C/1
Page 13
4. Selected and collected works for training and education
Article 34- (Amended: 7.6.1995-4110/article 13) Creating selected and collected works from
the published works of music, science and literatu re and publicized works of fine art, which
are understandably aimed at traini ng and education from their states and situations, by way of
borrowing to the extent justified for the purpose is allowed. The works stated in the thirdindent of article 2 and the firs t and fifth indents of the first paragraph of article 4 may only be
borrowed in order to describe the contents of the selected and collected works. However, this
freedom may not be exercised in a way as to give harm to the legal interests of the owner ofthe right without any justification or in c ontradiction to the normal use of the work.
The provisions of the first paragraph also appl y for the broadcasts (school-radio) exclusively
prepared for the schools and approved by  the Ministry of National Education.
In all these cases, it is obligatory to regularly mention the name of the work and the owner of
the work.
5. Freedom of borrowing
Article 35-  Borrowing from a work under the following circumstances is allowed:
1. Including some sentences and paragraphs of a publicized work in an independent work of
science and literature;
2. Including mostly the parts such as theme,  motive, passage and idea of a promulgated
composition in an independent work of music;
3. Including publicized works of fine arts and other promulgated works in a work of science
to the extent justified by its purpose and for the purpose of describing its contents;
4. Illustrating publicized works of fine arts in scientific conferences or courses through
projection or similar means in order to describe the subject.
6. Contents of the newspapers
Article 36-  Daily news and information promulgated to the public through press or radio may
be freely borrowed, provided that article  15 of the Press Law is reserved.
Unless the borrowing right of the articles and paragraphs concerning daily social, political or
economic matters published in the newspapers or periodicals is clearly preserved, their
citation in the other newspapers and periodicals literally or as adapted and their promulgationthrough radio or otherwise is allowed. Even if the right to borrow is reserved, the citation of
the said articles and paragraphs as press summaries by way of abridgement and theirpromulgation through radio or otherwise is allowed.
In all these cases, it is obligatory to mention the name of the borrowed newspaper, periodical
or agency and if they also cited these from  another source, the name and volume of such
source as well as the name, pseudonym or  sign of the owners of the articles.
7. InterviewsIP/N/1/TUR/C/1
Page 14
Article 37-  The inclusion of some parts of the intellectual and artistic works in the media
used for sign, sound or image transmission in relation to daily events, provided that these
have the characteristics of an intervie w, is allowed. The duplication, promulgation,
performance or broadcasting through radio of th e parts cited in such a manner is allowed.
The broadcasting of some parts of the publicized intellectual and literature works through
radio is allowed, provided that this acti on does not step beyond the framework of an
interview.
III- In consideration of private interest
1. Personal usage:
Article 38- (Amended: 7.6.1995-4110/article 14)
All the intellectual and artistic works may be  duplicated for personal usage without the
purpose of promulgation or profit. However, such duplication may not damage the legal
interests of the owner of the right without any justified reason or may not be contradictory to
the normal use of the work.
Within the framework of the provision of the first paragraph, everyone may adapt or have
adapted the works of music, science and literature.
In case of lack of determining provisions in th e contract, when required for the intended use
of a computer program, the duplication and adaptation of a computer program, including
correction of faults, by the person w ho has legally obtained it is allowed.
The loading, operating and fault-correcting of a program by the person obtaining such
computer program through legal means may not be  prevented by the contract. To the extent
required for the use of the computer progra m, the person who has the right to use the
computer program can not be prevented by virt ue of the contract from generating a back-up
copy.
The person who has the right to use the computer  program is free to observe, detect and try
the operation of the program for the purpose of determining the ideas and principles
underlying any element of the computer prog ram during the conduct of the acts of loading,
imaging, operation, transmission or storage of th e computer program he is entitled to make.
In cases where the duplication of the code a nd the conversion of the code form is also
compulsory in terms of the duplication and ad aptation of the computer program in order to
obtain the information required for providing the interoperability of an independently createdcomputer program and the other programs, th e conduct of such acts is allowed when the
following requirements are fulfilled:
1. Such acts should be conducted by the owner of  the license or such other person who has
the right to use the copy of the computer prog ram or the person authorized to do so on their
behalf,IP/N/1/TUR/C/1
Page 15
2. The information required for providing inter operability should not be supplied for usage by
the persons mentioned in indent (1),
3. Such acts should be restricted to th e program components required for providing
interoperability.
The provisions of the above paragraph does not  allow, with respect to the information
obtained by its practice;
1. To be used for purposes other than providing the interoperability of the independently
created computer program,
2. To be given to persons other than in cases required for providing the interoperability of the
independently created computer program,
3. To be used for the development, creation or  marketing of a computer program from the
original one similar in terms of expression or to be used for any other act violating theintellectual rights.
The provisions of the sixth and seventh paragra phs may not be interpreted so as to be in
contradiction to the normal use of the program or so as to interfere with the legal benefits ofthe owner of the rights unreasonably.
2. Rights granted to the composers:
Article 39- (Amended: 7.6.1995-4110/article 14)
A work of literature may be used in a work  of music only upon the written permission of the
owner of the work.
When all kinds of lyrics, librettos and similar works used in a work of music are composed,
such permission is documented at each stage before the collective work is recorded,registered and marketed and is inspected by the owners of the right and the other relevantpersons.
It is possible to distribute the lyrics freely by including in radio-televi sion programs and print
them to be supplied on or together with the sound carrying devices. The person making use of
these possibilities is obliged to state the name of the work of literature and the owner of thework.
3. Copying and demonstration
Article 40-  The duplication through illustrations, gr aphics, photographs, etc., promulgation,
demonstration by projection at public places and broadcasting through radio and similarmedia of the works of fine arts stationarily placed on the public roads, streets and avenues are
allowed. This authority is exclusive only to the outer shape in the works of architecture.
Unless a prohibitory record is clearly placed on them by their owners, the works of fine arts
can be demonstrated at public places by thei r possessors or by others upon their approval.IP/N/1/TUR/C/1
Page 16
Works to be sold by auction may be demonstrated to the public. Duplication and
promulgation of a work demonstrated at public  places or put on an auction by means of
catalogues, manuals or similar publications to be  published by the organizers of such auction
for these purposes are allowed.
In such cases, unless there is any otherwise accepted custom, the mentioning of the owner of
the work may be renounced.
4. Usage of records, video cassettes and sound cassettes at public places
Article 41- (Amended: 1.11.1983-2936/article 6) The performance of works recorded in the
mediums used for sound, image or sound and image  replay with the permission of the owner
of the work and specifically marked for performance at places open to the public by way ofplaying or displaying is possible. However, in case of works not specifically marked, therights of the owner of the work or the pr ofessional union, where au thorized, to demand a
suitable indemnity is reserved.
The rules and principles for the determina tion, follow-up and sharing between the owner of
the work and the professional union of this amount of indemnity is determined by the
regulations to be prepared by the Ministry of Culture after receiving the opinion of the
professional union.
IV- Authorities grante d to the government:
1. Establishment of professional unions:
Article 42- (Amended: 7.6.1995-4110/article 16) The owners  of the works and the owners of
the neighbouring rights may establish professi onal unions in accordance with the regulations
and type statutes prepared by the Ministry of Culture and approved by the Board of Ministers,
in order to protect the common interests of their members and to follow their rights grantedby this law within the principles and procedur es set forth by the legislation, to collect the
receivable charges and to distribute such revenues to the owners of the rights. Fielddetermination is decided by the regulations . More than one professional unions may be
established in the same field. Each union may operate by opening branches in line with therequirements.
The professional unions may establish a supe rior institution according to the type status
prepared by the Ministry of Culture and approved by the Board of Ministers.
Professional unions and confeder ation are corporal persons s ubject to special legislation.
Their members can not be held responsible for depositing capital and participating in the
profit and loss and legal obligations.
In the type statutes of professional unions and federation, the general assembly, board of
management, board of inspection, technical-s cientific board and board of prestige are
established as compulsory organs. The estab lishment, control and inspection of these unions
and federation and the minimum number of members required for holding the first general
assembly meeting, other arbitrary organs, wa y of establishment of the boards, number of
members and their duties, requirements for acceptance, resigning and dismissal fromIP/N/1/TUR/C/1
Page 17
membership, determination of the areas where they can establish their branches, their
relations with the public organizations and institutions home and abroad and real and privatelegislation corporal persons, their rights and authorities in these relations, their financialrelations with their members, the distribution of the copyright fees and indemnities and thematters related with the other procedures and principles are determined by the regulations tobe prepared by the Ministry of Culture follo wing the receipt of the opinion of the relevant
organizations.
Second paragraph of artic le 21 and articles 30, 37, 40, 42, 43, 44, 45, 48, 65, 66, 67, 68, 69,
70 and 90 of the Law no. 2906 on Associati ons dated 4/10/1983 are applied to the
professional unions and federation to be established under this article together with their
penal provisions.
The financial rights of the owners of the works who are Turkish citizens may not be followed
by unions, associations and similar organizations other than the professional unionsestablished within the c ountry under this article.
Copyrights in radio -television broadcasts
Article 43- (Amended: 7.6.1995-4110/article 17)
The intellectual and artistic works used in the radio-television broadcasts are paid copyrightcharges.
In all kinds of broadcasts, no permission is received from the owners of the works and no
charge is paid for short citations at a level that will not damage the rights on the whole of thework used for the purpose of promotion.
The usage of any portion of the works in the introduction of verbal or musical programs, as
auxiliary dramatic element, signal, generic and passage music and for similar purposes isconsidered a short citation.
The owners of the works are not paid for the wo rks used in the broadcasts to be made abroad
through the short wave radio stations of  Turkish Radio and Television Organization.
3. Marking the intellectual and artistic works:
Article 44- (Amended: 7.6.1995-4110/article 18)
Owners of the financial rights and the manufact urers and publishers of the devices used for
the replay of intellectual and artistic works through signs, sound and image are collectively
responsible for putting signs and serial numbers  on all copies of a work to be marketed,
distributed or otherwise marketed in accordance with this Law.
The real and corporal persons manufacturing or commercially importing all kinds of empty
video cassettes, sound ca ssettes, compact disks and computer disks are liable to deduct an
amount over the manufacturing or import value to be determined by the decision of the Board
of Ministers so as not to exceed five percent of the same and to deposit the sum they collectedwithin one month in a special account to be es tablished in a national ba nk in the name of the
Ministry of Culture until the half of the following month at the latest.IP/N/1/TUR/C/1
Page 18
The Ministry divides 3/4 of the amount collected in this account among the professional
unions to be distributed to the owners of th e rights represented by the professional unions.
The professional unions distribute this sum to the owners of the rights according to the
distribution plans to be approved by the Minist ry. When approving these plans, the Ministry
considers the duplication numbers of the work s represented by the professional unions. The
Ministry uses the remaining 1/4 of this amount  for cultural and social purposes and for the
prevention of the violation of intellectual rights.
The rules and regulations regarding the signs and serial numbers to be placed on the copies of
the intellectual and artistic works according to their usage for the purposes of theirperformance at personal or public places, the coll ection of the copies not bearing these, the
authority to whom the number of duplicated and distributed copies will be informed and theother matters are determined by the regulations to be introduced by the Ministry of Culture.
4. Giving shares from the sales values of the works of fine arts
Article 45- After the one of the originals of the work s of fine arts liste d in 1st and 2nd indent
of article 4 and of the works listed in 1st indent of article two and in article 3 and handwrittenby the authors and the composers is once sold by the owner of the work or his heirs, in casethere is a clear disproportion between the sales value of such work in its circulation as asubject of sales in an exhibition or auction or  store selling such goods and its previous sales
value, the vendor may be charged through a de cree to pay a suitable share of the value
difference each time to the owner of the work, to his legal heirs up to the 3rd degree(excluding 3rd degree) and his spouse, if he is  dead and to the professional union, if these are
not also available.
In this decree:1. A share tariff to be determined according to  the proportion of the difference, so as not to
exceed ten percent of the value difference;
2. That the sales not exceeding a certain amount, th e value of which will be determined in the
decree, will be exempted from the liability to give shares;
3. The branch of the professional union that will be considered relevant in respect of types of
works;
are shown.The owner of the establishment where the sales is realized is successively liable together with
the vendor.
In cases of forced sales, the share is paid only after all the other receivables are completely
paid.
The forfeiture of the share giving liability is five years from the sales leading to the rise of
such liability.
5. State’s author ity to benefitIP/N/1/TUR/C/1
Page 19
Article 46- (Amended: 1.11.1983-2936/article 10)
The works, which are not published or publiciz ed yet, the duplication and promulgation of
which are not expressly prohibited by the owne r of the work and which are kept in public
libraries, museums and similar organizations  belong to the public organizations and
institutions they are kept by, provided that the period related with the financial rights hasexpired. The authority that the public organizations and institutions and the persons andorganizations who want to benefit from these for scientific and similar purposes will receivepermission from and the fees to be charged from these, the cultural purposes that such feeswill be spent for and the other matters are determined by the regulations to be prepared by theMinistry of Culture after receiving the opinion of the relevant organizations.
6. Expropriation
Article 47-  The authority to make use of the financial rights on a work that is deemed to
carry importance for the country culture may be  expropriated by way of paying a suitable
value before the expiry of the protection period through a decree.
In order to decide on this matter, the work should have been promulgated in Turkey or by
Turkish citizens out of Turkey and at the same  time the copies of the work should have been
sold out for two years and the promulgation of ne w copies by the owner of the rights within a
suitable period should have been considered impossible.
The following are written in this decree:1. Name of the work and its owner;2. The value to be paid to the persons  whose acquired rights are violated;
3. The authority or organization that will exercise the financial rights;4. The cultural purposes that the net profit gained  after the paying off of the given value will
be allocated for.IP/N/1/TUR/C/1
Page 20
PART FOUR
CONTRACT AND DEPOSITS
A) Deposits protective in lifeI- Original acquisition
Article 48-  The owner of the work or his heirs can transfer the financial rights legally granted
to them to others in a restricted or unres tricted manner in terms of duration, place and
contents, with or without any return.
The authority to merely exercise the financial rights (license) can also be assigned to another
person.
The deposit procedures mentioned in the above paragraphs are void if they concern a work
which is not created yet or which will be completed.
II- Acquisition by transfer
Article 49-  Any person who has acquired a financial righ t or a license to exercise such a right
from the owner of the work or his heirs may transfer such rights or a license to exercise suchrights to someone else only through the written consent of them.
In the transfer of the right to adapt, the consent of the owner of the work or his heirs is also
required for the person acquiring these by transfer in the same manner.
III- Contracts
1. Works to be created
Article 50-  The commitments regarding the disposal procedures mentioned in articles 48 and
49 are valid even if they are made prior to the creation of the work.
Such commitments concerning the whole or a certain type of the works that the owner of the
work will create in the future may be terminated by each of the parties so as to be effective
one year after the date of notification.
In case the owner of the work dies or loses his ability to complete the work or it is impossible
for the work to be completed without his defa ult before the completion of the work, the said
commitments are automatically terminated. The same provision also applies in cases wherethe other party declares bankruptcy or becomes incapable of using the financial rights it has
taken over under the contract or such us age becomes impossible without his default.IP/N/1/TUR/C/1
Page 21
2. Possibilities for further exploitation
Article 51-  Contracts concerning transfer of the financial rights possibly granted through
further legislation to author in the future or ex ploitation of the financial rights by others shall
be null and void.
The same provision shall be in force concerning the contracts for extending the scope of the
financial rights or renouncing th e authorization caused by extens ion of the protection term or
containing the transfer of the ri ghts through further legislation.
IV- Form
Article 52-  The contracts and deposits including fina ncial rights should be in writing and the
rights subject to these should be shown separately.
V- Engagement
1. Absence of right
Article 53-  Any person transferring a financial right to someone else or gives the license of
usage guarantees the presence of  the right against the acquirer under the provisions of articles
169 and 171 of Debt Law.
Claims arising from unjustified acts and gr oundless acquisition of goods are reserved.
2. Absence of authority
Article 54-  Any person acquiring a financial right or license of usage from a person not
authorized to transfer is not de fended even though he has goodwill.
The person transferring a financial right to some one else or gives the license of usage without
authority is liable to indemnify the damage arising from the ineffectiveness of the depositunless he proves that the other party knows or  had to know that he did not have such
authority. In case of default, the court may determine a higher indemnity, if justice requires todo so.
Claims arising from unjustified acts and gr oundless acquisition of goods are reserved.
VI- Rules of interpretation
1. Scope
Article 55-  Unless otherwise decided, the transfer of a financial right or giving a license does
not cover the translations or other adaptations of a work.IP/N/1/TUR/C/1
Page 22
2. License
Article 56-  The license is a “simple license”, if it does not prevent the granting by the owner
of the financial right of the same license to others and a “full license”, if it is exclusive toonly one person.
Unless otherwise understood from the law or the contract, every license is considered a
simple license.
The provisions on revenue lease are applied for simple licenses and the provisions on right of
benefit are applied for full licenses.
3. Transfer of property
Article 57-  The transfer of the property right on the original or duplicated copies does not
include the transfer of intellectua l rights unless otherwise decided.
Any person who acquires the possession of shap es and other duplication means from a person
who has duplication right on a work of fine art is considered to have acquired the right to
duplicate, as well, unless otherwise decided.
Any person who acquires property on the duplicated copies of a cinema work is considered to
have acquired the right to perform, as well, unless otherwise decided.
VII- Right to renounce
Article 58-  In case any person acquiring a financia l right and license does not duly make use
of his rights and authorities within the agreed period of time and a suitable period of timerequired by the situation if no time is determined, and thus, the interests of the owner of thework are substantially neglected, the owner of the work may renounce from the contract.
The owner of the work who wants to exercise his right to renounce is obliged to give a term
of grace to the other party through the notary pub lic for the exercise of the rights under the
contract. In case the exercise of the right is impossible for the acquirer or rejected by him orin case the interests of the owner of the work are substantially jeopardized upon the grantingof such a term of grace, the determination of a term of grace is not necessary.
In case no result is obtained during the term of gr ace or the determination of a term of grace
is not necessary, renouncement is completed upon a notification through the notary public.
No case of objection can be sued against th e renouncement after 4 weeks have passed from
the furnishing of the renouncement notification.
In case the acquirer does not have default in not exercising the financial right or the default of
the owner of the work is graver, the acquirer may demand a suitable indemnity in caseswhere justice is required.
While advance waivering from the right to re nounce is not allowed, restrictions prohibiting
the expression of this right for a peri od more than two years are also void.IP/N/1/TUR/C/1
Page 23
VIII- Returning of the righ t to the owner of the work
Article 59-  In case the owner of the work or his he irs have transferred a financial right for a
certain purpose or a certain period, the right is  returned to its owner upon the elimination of
the purpose or the expiry of the period. This provision does not apply in case of the death or
bankruptcy of the person acquiring a financial ri ght, the transfer of which is not allowed
through the contract; provided that the exerci se of the right is bound to the person of the
acquirer due to the scope of the work.
Licenses granted for a certain purpose or a certain period of time expire in the cases
mentioned in the first paragraph.
B) Waiver:
Article 60-  The owner of the work or his heirs may waiver the financial rights granted to
them legally upon the arrangement of an offi cial bond and the announcement of the matter in
the Official Journal, provided that they do not violate their deposits  that were realized
previously.
Waiver commences on the date of announcement a nd gives rise to the results caused by the
expiry of the protection period.
C) Attachment and pledge
I- Cases not allowed
Article 61-  Provided that the provisions of artic les 24 and 30 of Execution and Bankruptcy
law are reserved:
1. The drafts or originals of a work not pub licized yet which are under the possession of the
owner of the work or one of his heirs;
2. The financial rights on the works mentione d in the 1st indent, except cinema works;
3. The receivables other than cash of the ow ner of the work arising out of the legal
proceedings regarding financial rights; can not be the subject of a legal or contractual right ofpledge, forced execution or right of imprisonment.
II- Cases allowed
Article 62-  Within the framework of the following provisions:
1. The draft or original of a publicized work;2. The duplicated copies of a promulgated work;3. The financial rights of the owner of the wo rk on a publicized work, provided that the moral
rights deserving protection of  the work are not violated;IP/N/1/TUR/C/1
Page 24
4. The cash receivables of the owner of the work arising from the legal proceedings regarding
the financial rights;
May constitute the subject of a legal or contractual right of pledge, forced execution or right
of imprisonment.
The pledge contract regarding the matters lis ted in the first paragraph should be made in
writing to be valid. The pledged goods shoul d be separately shown in the contract.
Shapes of the works of fine arts and other duplication means may be provisionally taken from
the possessors to the extent that it is considered necessary for the implementation of forcedexecution on the financial rights mentioned in  the third indent of the first paragraph.
The originals of works of fine art, excluding works of architecture and the drafts of works of
music, science and literature belonging to the owner of the work or his heirs may beprovisionally taken from the possessors to the extent that it is considered necessary for theimplementation of forced execution on the financial rights mentioned in the third indent ofthe first paragraph.
D) Heritage
1- General
Article 63-  The financial rights granted by this law are transferred by heritage. Deposits
depending on death may be rea lized on the financial rights.
II- Death of one of the collective owners of the work
Article 64-  In case one of the collective creators of the work dies before the completion or
becoming publicized of the work, his share is divided among the others. These are liable to
pay a suitable value to the heirs of the deceas ed. In case they can not agree on the amount, the
court determines it.In case one of the collective creators of the work dies after the becoming publicized of thework, the others are free to continue the uni ty with the heirs of the deceased or not.
In case they decide to continue, the surviving owners of the work may request the assignmentof a representative from the heirs on the exercise of their rights against the unity.In case they do not decide to continue, th e provisions of the first paragraph apply.
III- More than one heirs
Article 65-  In case the financial rights granted by this law are present in the legacy of the
owner of the work and a representative has be en assigned under article 581 of the Civil Law,
the representative is obliged to receive the decision of the heirs for the procedures he willapply on these rights.IP/N/1/TUR/C/1
Page 25
PART FIVE
Cases of Jurisprudence and Penalty
A) Cases of jurisprudence:I- Case of elimin ation of violation:
1. General:
Article 66-  The person who has been subject to violation may sue for the elimination of the
violation against the violator.
If the violation has been performed by the re presentative or employees of an organization
during the conduct of the services, the owner of the organization may also be sued.
The default of the violator or the persons st ated in the second paragraph is not necessary.
The court considers the immaterial and financial rights of the owner of the work, the scope of
the violation, the presence of a default, if an y, its gravity and the damages that the violator
will possibly be subjected to in case of e limination of the violation, and decides upon the
implementation of the measures that it will deem necessary for the elimination of theviolation.
(Supplemented: 7.6.1995-4110/19) The owner of the work may also sue a case of elimination
of violation at the place he is domiciled.
2. In case of violation of the immaterial rights
Article 67-  In case a work not publicized yet is presented to the public without the consent of
its owner or in contradiction to his will, the case of elimination of violation may only be suedwhen the act of presentation to the public is performed through the promulgation ofduplicated copies. The same provision also a pplies in cases where the work is named in
contradiction to the will of its owner.
In case the name of the owner has not been placed at all on the work or placed wrongly or the
placed name might lead to confusion and the ow ner of the work has requested the elimination
of the violation besides the dete rmination case mentioned in ar ticle 15, the violator is obliged
to inscribe the name of the owner of the work on both the original and the circulating
duplicated copies. The announcement of the deci sion in maximum 3 newspapers to the cost
of the violator may be demanded.
In case wrong or insufficient sources are stated or no source is given at all in the cases listed
in articles 32, 33, 34, 35, 36, 39 and 40, the provisi on of the second paragraph is applied.
In case the work is unjustly modified, the ow ner of the rights may demand the following:
1. The owner of the work may demand the prohibition of the duplication, promulgation,
performance and radio broadcasting of the work as  modified and the viol ator to correct theIP/N/1/TUR/C/1
Page 26
modifications in the circulating duplicated copies  or to restore them. If the modification has
taken place during the promulgation of the wo rk through newspapers, periodicals or radio,
the owner of the work may demand from all the newspaper, periodical and radio
administrations that have prom ulgated the work as modified to correct the modification by
way of announcement to the cost of the violator;
2. (Amended: 7.6.1995-4110/20) In works of fine arts, the owner of the work may demand
that the modification was not made by himself or  the deletion or changing of his name on the
work. In case return to the old state is po ssible and the removal of the modification does not
substantially damage the interests of the public or the owner, the owner of the work mayrestore the work.
3. In case of violation of the financial rights:
Article 68- (Amended: 7.6.1995-4110/21)
In case the work has been translated without th e permission of the owner of the rights, printed
out of the contract or in a number more than th at stated in the contract, otherwise adapted or
broadcast or performed through radio and te levision, the owner of the work for which
permission was not taken may demand maximum three times the damage he was subject to asof the current value.
In case a work is used by way of unauthoris ed duplication and the duplicated copies have not
been marketed, the owner of the work may de mand the destruction of the duplicated copies
and the films, shapes and similar devices us ed for duplication or the delivery of the
duplicated copies and the films, shapes and similar devices used for duplication against a
suitable value not to exceed the cost price or  three times as much the amount he would be
entitled to demand in case of the presence of a contract. This does not prejudice the legalresponsibility of the person perf orming unauthorised duplication.
In case the copies of a work obtained by unaut horised duplication are placed on the market or
the sales constitute an unjust violation, the ow ner of the work may choose one of the options
in the second paragraph with respect to  the copies held by the violator.
The person claiming a value may exercise all the rights and authorities against the violator
that he would be entitled to in case he had made a contract with him.
II- Case of prevention of violation
Article 69-  The owner of the work subjected to th e danger of violation of financial or
immaterial rights may sue for the prevention of the possible violation. The same provision
applies to the cases where the continuation or repetition of a realized violation is deemedpossible.
The provisions of second, third and fourth pa ragraphs of article 66 apply here, as well.IP/N/1/TUR/C/1
Page 27
II- Case of indemnification
Article 70- (Amended: 7.6.1995-4110/22) The person whos e immaterial rights are damaged
may sue a case for the payment of an immaterial indemnity against the immaterial damage hehas been subject to. The court may decide for another type of immaterial indemnity in placeof or in addition to such amounts.
The person whose immaterial rights are damaged may claim indemnity within the framework
of the provisions concerning unjust acts, if the violator is defaulting.
In the cases stated in the first and second pa ragraphs, the person subjected to violation may
demand the delivery of the gained profit to himself besides the indemnity.
In such a case, the value demand ed under article 68 is discounted.
B) Cases of Penalty
1. Violation of immaterial rights:
Article 71- (Amended: 1.11.1983-2936/article 11)
Any person who intentionally:
1. Presents to the public or promulgates a work publicized or not, without the written
permission of the owner of the work or his successor,
2. Places names in a work or its duplicated copi es without the written pe rmission of its owner
or his successor,
3. Demonstrates a work belonging to someone el se as his own or his work as someone else’s
or acts in contradiction to the provisi on of the second paragraph of article 15,
4. Does not show any source or shows wrong or  insufficient or deceptive sources in cases
stated in articles 32, 33, 34, 35, 36, 37, 39 and 40,
in contradiction to the provisions of this Law,(Amended: 7.6.1995-4110/23) is sentenced to impri sonment from three months to one year
and a major fine of 300 million to 600 million liras.
2. Violation of financial rights:
Article 72- (Amended: 1.11.1983-2936/article 12)
Any person who intentionally:
1. Adapts a work in any way,2. Duplicates a work in any way,IP/N/1/TUR/C/1
Page 28
3. Sells or supplies for sale or circulation the copies of a work or its adaptations duplicated by
himself,
4. Performs or demonstrates or displays at public places or promulgates through radio or
similar media a work or its adaptations,
5. (Supplemented: 7.6.1995-4110/24) Leases  a work or its adaptations,
6. (Supplemented: 7.6.1995-4110/24) Imports the copi es made without the permission of the
owner of the work,
without the written permission of the owner of the rights in contradiction to this law, is
sentenced to imprisonment from three months to one year and a major fine of 300 million to
600 million liras.
3. Other offences:
Article 73- (Amended: 1.11.1983-2936/article 13)
Any person who intentionally:
1. Places on the market the copies of a work th at he is or should be aware of duplication
thereof in contradiction to the provisions of  this law or uses these for the purpose of
promulgation at public places by performance or radio or in any way for gaining profit;
2. Sells to others the copies of a work that he  is or should be aware of marketing thereof in
contradiction to the provisions of this law or  uses these for the purpose of promulgation at
public places by performance or radio or in any way for gaining profit;
3. Transfers or grants or pledges or makes the subject of any deposit the financial right or the
license that he is or should be aware of the unav ailability of or that he is not authorized for
disposal of;
4. Duplicates or causes to be duplicated copies in a number more than he is permitted
contractually or legally;
5. (Supplemented: 7.6.1995-4110/25) Keeps in his hand for commercial purposes the copies
of a work that he is or should be aware of  duplication thereof in contradiction to the
provisions of this Law;
6. (Supplemented: 7.6.1995-4110/25) Keeps or dist ributes for commercial purposes any
technical means which is used merely for i nvalidating or removing  without permission a
technical device applied for the protection of a computer program;
is sentenced to imprisonment from three months  to three year and a major fine of 300 million
to 600 million liras.IP/N/1/TUR/C/1
Page 29
II- Perpetrator
Article 74-  In case the offences stated in articles 71, 72 and 73 are committed by the
representative or employees of an organization during their conduct of services, the owner or
director of the organization who has not prevente d the realization of the offence or the person
actually administrating the organization under an y name or title is also punished as the
penetrator. In case the act requiring a penalty is ordered by the owner or director of the
organization or the person actually adminis trating the organization, these persons are
punished as penetrators and the representative or employee is punished as an assistant.
Any person reserving a place with or without an y return for the display of a work that he
knows is contradictory to law to be performed  or any person assuming duty or role in the
performance of such a work is  punished as an assistant.
If any of the offences stated in articles 71, 72 and 73 is committed during the conduct of the
business of a corporal person, the corporal pers on is successively liable for the cost and the
fine.
The provisions of articles 64, 65, 66 and 67 of the Penal Code are reserved.
III- Legal proceedings
Article 75-  Legal proceedings for the offences st ated in articles 71, 72 and 73 are dependent
on complaints.
(Amended: 1.11.1983-2936/article  14) The ones authorized for complaints other than the
person subjected to the vi olation are as follows:
1. When acts contradictory to the liability to show sources under article 35 in cases stated in
the fourth indent of article 71 are concerne d, Ministries of National Education and Culture
and the professional union of which the person who was subject to or who committed theviolation is a member.
2. When acts contradictory to the liability to show sources under article 36 in cases stated in
the fourth indent of article 71 are concerne d, the Ministry of Culture and the General
Directorate of Press and Publication and the institutions representing the Turkish press.
The case of penalty should be sued within one year from the commitment of the act.The affairs included in the scope of this law are of urgent affairs covere d by article 423 of the
Law of Criminal Procedure.IP/N/1/TUR/C/1
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C) Miscellaneous provisions
I- Assignment
Article 76-  In the cases arising from the legal relations arranged by this law, the assigned
office is the court of first instance notwithst anding the amount of the sued thing and the
degree of the penalty shown in law.
In case a personal case has been sued, artic le 358 of the Law of Criminal Procedure is
applied. If personal rights are also demanded to gether with the penal case, the documents are
directly transferred to the court of justice in case of acquittal.
II- Precautionary measures
Article 77-  If considered necessary for the preven tion of a substantial damage or a sudden
danger or accomplished facts or for any other reason and the claims set forth on this matter
are also considered strongly possible, the c ourt, upon the request of the person whose rights
granted by this law are subject to a threat or  violation, may order the other party to do or not
to do something prior to or after the bringing the suit at law or decide to seize the duplicatedcopies of a work or the shapes used for its  manufacture and similar duplication means by way
of precautionary measures. In the decision, it is stated that acting contradictory to the order
will lead to the penal results in ar ticle 343 of Execution and Bankruptcy Law.
III- Announcement of the decision
Article 78-  Except for the case stated in the second paragraph of article 67, the justified party
is entitled to the right to demand the announcemen t of the final decision in whole or summary
in newspapers or similar media to the cost of the other party, if he has a justified reason orinterest.
The form and contents of the announcem ent are determined in the decision.
The right of announcement is annulled unless it is exercised within three months from the
finalization of the decision.
IV- Seizure, confiscation and destruction
Article 79- The provisions of article 36 of Penal Code a nd articles 392, 393 and 394 of the
Law of Criminal Procedure are applied in the seizure, confiscation and destruction of theduplicated copies, the production or promul gation of which require penalties under the
provisions of this law and the shapes a nd similar means used for their duplication.IP/N/1/TUR/C/1
Page 31
PART SIX
Miscellaneous Provisions
A) Neighbouring rights and prevention of violation
I- Rights neighbouring the righ ts of the owner of the work
Article 80- (Amended: 7.6.1995-4110/26)
Provided that they do not damage the material-immaterial rights of the owner of the work, theperforming artists uniquely performing and commenting the intellectual and artistic worksand the producers of sound carrying devices in itially recording a performance or the voices
and the radio-television organiza tions have neighbouring rights to the rights of the owner of
the work.
The right to benefit from the performance of a performing artist by way of recording it,
duplicating and leasing this recorded work, broadcast of the performance by all kinds of cableand cordless means or its performance belongs exclusively to the performing artist and thewritten permission of the performing artist is required for these. Performing artists maytransfer such rights to the producer against a suitable value.
If the performance is conducted by an orches trate, chorus or a theatre group, the permission
of only the conductor is sufficient.
If the artist or the group is hired by a ventur er for reading, performance or presentation, the
permission of the venturer  should also be received.
The right to make use of a recording by way of its direct or indirect duplication, leasing,
broadcasting by all kinds of cable or cordle ss means or its performance at places open to
public belongs exclusively to the producer and the written permission of the producer is
required for these.
No person or organization may duplicate all or pa rt of the broadcasts, broadcast them again
by all kinds of cable and cordless means and di splay them at places with charged entries
without the written permission of th e radio-television organizations.
The written permission of the owner of the neighbouring rights is not required in the
following cases:
1. Performance and supply to the public of inte llectual and artistic works for the purposes of
public order, training-education, scientific research or interv iew and without the aim to gain
profit,
2. Duplication of intellectual and artistic work s and radio-television programs for personal
usage without the aim to broadc ast them or to gain profit,
3. The provisional recordings made by the radio-television organization on their own
possibilities for their own broadcasts,IP/N/1/TUR/C/1
Page 32
4. The cases stated in articles 30, 32, 34, 35, 43, 46 and 47 of this law.
However, this implementation can not damage the legal interests of the owner of the rights
without any justified reason or can not be c ontradictory to the normal use of the work.
Artists, conductors and soloists in choruses a nd orchestrates and chiefs or lead actors in
theatre groups may request the citation of thei r names in the means used for image and sound
transmission.
The owners of neighbouring rights may also exer cise the rights of suing cases of elimination
of violation, prevention of viol ation and indemnification as we ll as the owners of the works.
The persons violating the rights of an owne r of neighbouring rights without receiving the
written permission stated in this article are sentenced to imprisonment from three months toone year and a major fine of  300 million liras to 600 million liras.
II- Prevention of violatio n of intellectual rights:
Article 81- (Amended: 7.6.1995-4110/27)
In order to duplicate a work, the printing offi ce, production company or filling facility should
be convinced that the person is the owner of the work or the rights through the contract
approved by the notary public and in compliance with article 52 or through the authorizationcertificate. The persons duplicating the work shoul d fill bills of order a nd lading approved by
the Ministry of Finance and submit these together with the invoice.
The bandrole to be taken from the Ministry  of Culture should be attached to the non-
periodical publications. The sub mission of the documents stated in the first paragraph is
required for receiving bandroles. Upon such s ubmission, the bandrole is given within fifteen
days without the need for any further procedur e. The rules and principles related with the
receipt of the documents are determined by the regulations to be prepared by the Ministry ofCulture.
In case of unauthorised use of the financial or neighbouring rights of the owners of
intellectual and artistic works or the owners of the rights by persons other than the owner ofthe rights, the Chief Public Prosecutor of th e place where the event has taken place, upon the
application of the owners of the work and the financial rights or the authorized Professional
Union, may request from the authorized judge  to have the unduly duplicated or performed
copies of the work collected and the technical means used for this purpose sealed.
In cases where delay is disadvantageous, the Ch ief Public Prosecutor may directly take the
decision of collection and sealing, to be s ubmitted to the approval of the authorized judge
within three days.
The owners of the rights may apply to the Chief Public Prosecutor within six months from the
date that they are aware of the violation and the perpetrator together with the documentsproving their rights, provided that the crime is within the period of prosecution forfeiture. The
provisions of Law no. 3005 on Witnessed Offences are applied in relation with this offence.IP/N/1/TUR/C/1
Page 33
The persons duplicating or disseminating the work s by means of devices or methods used for
sign, picture or sound replay without receiv ing the written permissions and the bandrole
prescribed in this article, are sentenced to imprisonment from three months to one year and amajor fine of 300 billion liras to 600 billion liras.
III- Scope and periods of  neighbouring rights:
Article 82- (Amended: 7.6.1995-4110/28)
The provisions of this law related with the performing artists are applied to the performingartists;
1. Who are citizens of the Republic of Turkey,2. Who are not citizens of the Republic of Tu rkey, but whose performances are realized
within the borders of the Republic of Turkey , included in the sound carrying devices where
the provisions of this law are applied and not recorded in a sound carrying device, but
broadcast through radio-televisi on broadcasts where the provisions of this law are applied.
The provisions of this law related with the sound carrying devices are applied to the radio-
television programs;
1. Within the borders of the Republic of Turkey,2. Broadcast through the reflector within the borders of the Republic of Turkey.
The provisions of this law related with the neighbouring rights are also applied to the
performing artists, producers and radio-television organi zations protected under the
provisions of an international agreement to  which the Republic of Turkey is a party.
The rights of the performing artists commence on the date of the initial recording of the
performance and last for 70 years. If the perform ance 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.
B) Unjust competition
I- Names and signs
Article 83-  The names and signs and the forms of th e duplicated copies of a work can not be
used in another work or its duplicated c opies in a manner as to cause confusion.
The provision of the first paragraph does not appl y to names, signs and outer forms which are
used by the public and which do not have any discriminating property.IP/N/1/TUR/C/1
Page 34
The application of this article is not subject to the realization of the conditions in the 1st, 2nd
and 3rd parts.
The provision of article 14 of the press law on the names of the periodicals is reserved.
Even if the violator is not a trader, the provisions concerning unjust competition are applied
for the persons acting in contradiction to the provision of the 1st paragraph.
II- Sign, image and sound
Article 84-  Any person recording a sign, image or sound on a device used for the
transmission of the same or duplicating them reasonably for commercial purposes mayprohibit the duplication or promulgation of the same sign, image or sound by a third person
through the same means.Even if the violator is not a trader, the provisions concerning unjust competition are appliedfor the persons acting in contradiction to the provision of the first paragraph.
The provision of this article al so applies to all kinds of phot ographs, images recorded through
similar methods and cinema pr oducts which do not bear the characteristics of a work.
C) Letters
Article 85-  The letters, memories and similar writings  can not be promulgated without the
consent of their authors or the persons stated in  the first paragraph of article 19, if the authors
have died, even if they do not bear the charact eristics of a work, unle ss ten years have passed
from the death of the author.
Other than the above conditions, letters can not  be promulgated without the consent of the
correspondent or the persons stated in the firs t paragraph of article 19, if the correspondent
has died, unless 10 years have passed from the death of the correspondent.
The provisions of article 49 of the law on debt s and articles 197 and 199 of the penal code are
applied for the ones acting in cont radiction to the above provisions.
In cases where promulgation is allowed accord ing to the provisions of the first and second
paragraphs, the provision of article 24 of the Civil Law is reserved.
D) Pictures and portraits
I- General
Article 86-  Pictures and portraits can not be pres ented to the public by demonstration or
otherwise without the consent of the illustrate d person or the persons stated in the 1st
paragraph of article 19, if th e illustrated person had died, even if they do not bear the
characteristics of a work, unless 10 years have passed from the death of the illustrated person.The consent mentioned in the firs t paragraph is not necessary for:
1. The pictures of the persons who play roles in the political and social life of the country;IP/N/1/TUR/C/1
Page 35
2. The pictures illustrating the military reviews or official ceremonies or general meetings
where the illustrated persons have participated;
3. Radio and film news on the pictures concerning daily events.The provisions of article 49 of the debts la w and articles 197 and 199 of Turkish Penal Code
are applied for the persons acting in contradi ction to the provision of the first paragraph.
The provision of article 24 of the Civil Law is still reserved in cases where promulgation is
allowed under the provisions of the first and second paragraph.
II- Exceptions
Article 87-  Unless otherwise agreed, the person giving the order or the illustrated person or
the heirs of the same can make photographs of  a picture or portrait of a person created upon
his order.
This provision does not apply to the portraits  and pictures created by pressing method.
However, in case the pictures and portraits so created are not availabl e or difficult to supply
for the ones stated in the first ar ticle, these may also be photographed.
E) Difference of laws
Article 88-  The provisions of this law apply to:
1. All the works presented to the public in Turkey for the first time and present in Turkey but
not presented to the public yet and all the letters  and pictures in Turkey, notwithstanding the
citizenship of the owner of the work;
2. All the works of the Turkish citizens not pres ented to the public yet or presented to the
public abroad for the first time;
3. All the works of the foreigners not presented to the public yet or presented to the public in
Turkey for the first time, provided that they are relevant provisions in an internationalagreement to which the Republic of Turkey is a party.
In case the state where the owner of the work belongs to protects the rights of the Turkish
owners of the works sufficiently or an international agreement allows exceptions andrestrictions on the matters concerning foreign owners of works, the Board of Ministers may
decide to make exceptions from the provisions of  the first and third indents of this article.
Supplementary Article 1-  (this is the provision of article 18 of Law no. 1.11.1983-2936 and
was converted into a supplementary  article and numbered for succession)
The laws and regulations to be introduced under this law are prepared within six months and
published in the Official Journal.
Supplementary Article 2- (7.6.1995-4110/29)IP/N/1/TUR/C/1
Page 36
The protection periods in this law apply to th e works, adaptations and products that become
publicized after the enforcement of the Law,  with respect to neighbouring rights, cinema
works, computer programs and data bases. The provisions of this law related with the
ownership of cinema works apply to the cine ma works started to be produced after the
enforcement of this Law.
Supplementary Article 3- (7.6.1995-4110/30)
The principles related with the applications regarding the neighbouring rights are determined
by the regulations to be introduced within 6 months from the effective date of this law.
F- Provisional Articles
I- Provisions for transfer1. General
Provisional Article 1-  Unless otherwise determined in the articles below, the provisions of
this article are also applied to the works presented to the public or registered within thecountry prior to enforcement. The inclusion or non-inclusion of the work or product within
the provisions of the Copyright Law dated 8 May 1326 does not change the situation.
The protection periods concerning the works public ized prior to the enforcement of this law
are calculated according to this law. Th e terms copyright, rights of possession, literal
possession, possession of fine arts  and similar mean the rights and authorities granted by this
law in similar cases.
In case the rights pertaining to a work or the use of such rights have been handed over to
someone else in whole or in part prior to the enforcement of this law, the new and widerrights granted to the owner of the work by this law are not considered to be transferred, aswell. The same provision applies to a longer protection period when compared to the older
one or the works and products not  protected under the former law.
2. Protection of acquired rights
Provisional Article 2-  If the periods in the former law are longer, such periods are valid for
the works promulgated prior to the enforcement of this law.
In case a lawful translation or adaptation of a work is promulgated prior to the promulgation
of this law, the rights and authorities that the translator or adapter has acquired under the
provisions of the former  law are not prejudiced.
In case the promulgation of a translation allo wed under the provisions of the former law but
prohibited by this law has commenced prior to the effective date of this law, suchpromulgation may be completed. However, the period of such promulgation can not exceed
one year. The same provision applies to the translated works delivered to the performanceorganizations for perform ance at public places.IP/N/1/TUR/C/1
Page 37
In case a duplication allowed under the provisions  of the former law but prohibited by this
law has been commenced on the promulgation da te of this law, such duplication may be
completed and the duplicated copies may be promulgated.
The promulgation of copies present at the time of enforcement of this law and allowed to be
duplicated under the provisions of the former law may continue. The same provision applies
to the devices used for sign, image and s ound transmission and shapes and similar means
used for the duplication of the works of fine arts.
Any person who wants to exercise the authority granted by the above paragraph is obliged to
notify such copies and devices to the competent authority and have them sealed within 6months from the enforcement of the law. If required, the details may be determined by aregulation.
Provisional Article 3- (Supplemented: 1.11.1983-2936/article 17)
The chairman and members of the compulso ry organs of professional unions and the
federation are determined by the deci sion of the Board of Ministers upon the
recommendation of the Ministry of Culture, until they complete the required number ofmembers set forth in the regulations and hold elections.
Provisional Article 4- (Supplemented: 1.11.1983-2936/article 17)
The Decree of the Board of Ministers no. 8/423 dated 15.3.1980 introduc ed under article 43
of the Law no. 5846 on Intellectual and Artistic Works and the price tariff to be introduced
under this decree are applied as of 15.3.1980 until 31.12.1985.
Payments for the works transferred to the prof essional union through authorization certificate
under the price tariff to be introduced by the Bo ard of Ministers are effected to the relevant
professional union to be distributed  to the owners of the rights and in other cases, directly to
the owners of the financial rights. Such paym ents are established by the Turkish Radio and
Television Organization until 31.12.1985 at the latest.
The professional union deducts its share from  the payroll given by Turkish Radio and
Television Organization and pays the balance to the owners of the rights who are members ofsuch professional union within two years following the payment made to itself.
The amounts nor demanded by the members with in two years are deposited in a special
account to be established in a national bank in the name of the Ministry of Culture under
article 44.
Provisional Article 5 - (Supplemented: 6.7.1995-4110/article 31)
The professional unions established prior to th e enforcement of this law are converted into
new professional unions in line w ith the relevant provisions of the Law and the type status
principles under the supervision of the Ministry of Culture within one year from thepromulgation of their type stat utes and form their new organs through the general assembly
meeting that they will hold within this period.
The professional unions which do not comply w ith the provisions of the first paragraph are
considered to have been abolishe d at the end of the first year.IP/N/1/TUR/C/1
Page 38
II- Annulled Provisions
Article 89-  The provisions of the Copyright Law dated 8 May 1326 and the other laws
contradictory to this law have been annulled.
G) Final provisions
I- Enforcement of the law
Article 90-  Articles 42 and 43 of this law enter into force as of the promulgation date of the
law and the other provisions enter into force on 1 January 1952.
II- Competent authority in the enforcement of the law
Article 91-  The provisions of this law are en forced by the Board of Ministers.IP/N/1/TUR/C/1
Page 39
THE BILL OF LAW RELATED WITH THE CHANGING OF SOME ARTICLES OF
THE LAW OF ARTISTIC AND INTELLECTUAL WORKS
NUMBERED 5846
Article 1.  The first article of the Law of Artis tic and Intellectual Works numbered 5846 and
dated 5.12.1951, was changed as follo ws together with its title.
Purpose
Article 1.  The purpose of this law is to determine and protect the moral and financial rights
of the owners of works who created the artistic and intellectual works, the soloists whoperforming or reading these works, the phonogram makers and the radio-television
foundations, to arrange the using conditions fro m these works and to determine the sections
in case of using against the accepted principles and rules.
Article 2.  The following articles were added after the first article of the law numbered 5846.
“Content
Article 1a.  This law includes the moral and financia l rights of the owners of works who
created the artistic and intellectual works, the soloists who performing or reading theseworks, the phonogram makers and the radio tele vision institutions, using principles and rules
on these rights, judgment ways and sancti ons and duty, authority and responsibility of
Ministry of Culture”.
“Definition
Article 1b.  The definitions in this law:
a) Work: Every kind of artistic and intellect ual product which are seen as the works of
cinema, fine arts, music, science and literature and bearing its owner’s speciality initself.
b) Owner of works: The natural person who created the work.c) Derived work: Intellectual or artistic products which are formed by using another
work and so aren’t independent comparing w ith the other and bear the speciality of its
owner.
d) Collecting work: The work like anthology and encyclopaedia whose content is formed
by selections and arrangements. It is the result of a creative idea with the conditionthat all rights of original works are reserved.
e) Record: Recording of sounds or sound eff ects on an instrument in a manner that they
can be understood, multiplied and carried.IP/N/1/TUR/C/1
Page 40
f) Phonogram: Sound transmitting physical medi um in which sounds of performance or
other sands or sound effects are recorded, excluding the sound records in audio-visual
works like cinema.
g) Computer Program: It defines the computer  command system which is put into order
in a way that ensure a computer system to perform a special processor duty andpreparation studies which will provide the formation and development of thiscommand system.
h) Interface: It defines the program segments which form the interaction and
interconnection between the hard  and software of computer.
i) Interaction: It defines the cooperation of  computer program segments functionally and
capacity of inter use of interchanged data.
Article 3.  5-Article of the Law no. 5846 was changed as follows.
IV. Cinema Works
Article 5.  Cinema works are films or cinema films which include every kind of esthetical,
scientific, instructive or technical films or cinema films which record daily events, as well asthey are a series of moving images related w ith each other, talking or silent and can be
showing by electronic or mechanical or s imilar instruments without regarding how it is
recorded.
Article 4.  The title of the 6- article of the la w no. 5846 was changed as “Derivations and
Collections” the statement “and can be read with an instrument or in other form” was addedto 11. sentence of its first paragraph after the statement ”which appear ed“ and the statement
“formed with the condition that no harm would be brought to the rights of the owner of
benefited work and” was added to the beginning of its second paragraph.
Article 5.  The variable 8- article of th e law no. 5846 was changed as follows.
“A) Description
1. In General
Article 8. The owner of a work is the one who created it.
The owner of a derived work is the one who deri ved it with the condition that the rights of the
owner of work reserved.
As for the cinema works; director, original  music composes, scenario writer and dialogue
writer are all together the owner of the wor k. For the cinema works done by the animation
technique the animator is also among  the common owners of the work.
Article 6.  The following paragraph was added to the 10- article of the law no. 5846.IP/N/1/TUR/C/1
Page 41
“If the work formed by the contribution of more  than one person, is an inseparable unity, the
rights on the common work are used by the natural person or corporate body who brings theowner of the work together if there is nothing against to this in an agreement on workingconditions or in any law which is in power when the work is created.”
Article 7.  The following paragraph was added to the end of the 13-article of the law no.
5846.
“The owners of cinema and music works and pr oducers make the register  and approval of the
works, for the purposes that their moral and financial rights aren’t violated, that proof-facilityis provided for the determination of ownership and that using authorities related to financialrights are followed without intention of crea ting rights. For the same purpose, works and
using authorities related with fi nancial rights can be registered for other work groups upon
the request of the owner of work. The principl es and rules of register and approval are
determined by the regulations issued by the Ministry of Culture.”
Article 8. The last paragraph of the 14- article of the law no. 5846 was changed as follows.
“If presentation to public or publication manner of the work is a kind that an damage the
honour and credit of the owner, then the owner can prevent the work or its derivation to bepresented to public even though he/she has given written permission to others. Giving up theauthority to prohibit with an agreement is invalid. The compensation right of the other side isreserved.”
Article 9.  The last paragraph of the 16- article of the Law no. 5846 was changed as follows.
“The owner of work can prohibit every kind of changing which spoils the content and
characteristics of the work and damages hi s/her honour and credit even though he/she has
given a written per mission unconditionally.
Giving up the authority to prohibit is invalid even though an agreement was made on this
matter.
Article 10.  The first paragraph of the variable 17-  article of the law no. 5846 was changed as
follows.
“When necessary the owner of work has right of demanding to use the originals of hand-
written works of writers and composers as stated in the first sentence of article 2 and inarticle 3, and the originals of fine art works as stated in first and sec ond sentences of article 4,
from the possession of original and with the condition of fulfilling the preservingrequirements. This right of the owner of work is declared to those who bought or got the
work by the sellers of these works with a selling catalogue in bidding or related documents.
Article 11.  18- article of the law no. 5846 was changed as follows together with its title and
following tittle are arranged according to this.IP/N/1/TUR/C/1
Page 42
III. Using of Rights
a) In General
Article 18.  The power to use financial rights only belongs to the owner of work.
If otherwise isn’t stated in the special agreemen t in-between; the rights upon the works that officers
and workers created while they were performing their jobs, are used by their employers or
nominators.
The producer or publisher of a work can only use the financial rights according to agreement
that he/she made with the owner of work.
After the common owners of cinema works deliver ed up their authority to use financial rights
they can’t object to; presentation, multipli cation, publication, sound recording, subtitles,
transmitting with cables or satellites, broadcasting by the instruments which transmit andreplay signs, sounds and/or images and re-bro adcasting and presentation to public at the time
and place which natural persons decided. The owner of a musical product has preserves therights of publishing and performing with the cond ition that the sentences of this paragraph are
reserved.
“A natural person or corporate body whose na me is normally found in  a cinema work, is
accepted as the producer of that work unless otherwise stated.”
Article 12.  The second paragraph of the variable 19- article of the law no. 5846 was changed
as follow.
“After the death of the owner of work, the rights which are given to the owner in the third
paragraphs of Articles 14, 15, 16 can be used by the persons who are Stated in the previousparagraph for 70 years in behalf of themselves.
Article 13.  The first paragraph of the variable 22-  article of the law no. 5846 was changed as
follows.
“The right to multiply the original or copies  of a work by any method or form, totally or
partly, direct or indirect, temporarily or c ontinuously only belongs to the owner of work.”
Article 14.  The variable 23- article of th e law no. 5846 was changed as follows.
“c) The Right to Publish
Article 23.  The right to book, lend, sell an original or multiplied copies of a work, or to
publish, it in other ways only belongs to its owner.
With the condition that the right to book or lend to public belongs to the owner of work, after
the first selling and delivering of certain copies in the borders of country as the result of that
the right owner’s using his/her publishing right, selling again these, doesn’t violate thepublishing right given to the owner of work.IP/N/1/TUR/C/1
Page 43
The publication of a work or its multiplied copies  in the form of booking or lending cant lead
the way of copying the work commonly 50 as to damage the right of the owner to multiply it.The principles and rules which are to be app lied in the matters of lending and booking will be
arranged by a regulation that prepared by the Ministry of Culture.”
Article 15.  25- article of the law no. 5846 was change d as follows together with its title.
“d) The right to broadcast to public with the instruments transmitting sound, sign
and/or image.
Article 25.  The right to broadcast the original or multiplied copies of a work by the
broadcasting companies doing Broadcasting wi reless or with wire like radio-television,
satellite and cables or by instruments which are for transmitting signs, sands and/or imagesincluding digital transmitting, and the right to take back these works from the broadcastingcompanies and give other companies so that they can be broadcasted again, only belongs to
the owner of work.
The owner of work has also the right to permit or inhibit the selling of his/her work’s original
or multiplied copies by the instruments wireless or  with wire or delivery of them to the public
in any form, and presentation of them to the public at the time and place that natural persons
have chosen.
The delivery and presentation of works by the transmission type to the public which is
arranged with this article doesn’t violate th e right to broadcast of the owner of work.”
Article 16.  To the end of the first paragraph of th e variable 27- article of the law no. 5846 the
following statement has added.
“If the owner of work is more than one, than this period ends at the end of 70 years after the
death of the last alive owner”.
Article 17.  33- article of the law numbered 5846 was changed as follows.
“3. Freedom of Playing
Article 33.  The playing of a published work in fa ce to face educational activities, for the
purposes of education and instruction and in th e places for these purposes, in the educational
and instructive institutes which are working w ithout payment or aiming to profit directly or
indirectly, is free to play with the condition that the names of the owner and the work arestated as usual.”
Article 18.  The first sentence of the first paragra ph of the 34- article of the law numbered
5846 was changed as follows.
“Forming selected or collected works from the published musical, scientific and literature
works and anonymous fine art works, and quotin g from them for the purposes of education
and instruction are possible only with the permission of the owner of work.”
Article 19.  37- article of the law no. 5846 was changed as follows.IP/N/1/TUR/C/1
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“7. News
Article 37.  It is possible to take some parts of the intellectual and artistic works in
instruments which carry signs, sound and or ima ges, depending on the daily events and with
the condition that it is for the purposes of information and news. If is tree to broadcast theseparts by radio television or to multiply, publish a nd play. This freedom can’t be used in a way
that damages the legal interest and is against the normal using of the work.”
Article 20.  The variable 41- article of the law no. 5846 was changed as follows together with
its title.
“4. Using of sign, sound and/or image tran smitting, instruments in common places.
Article 41.  The carriers of sign, sound and/or image s on which intellectua l and artistic works
are recorded, must be put bandroles for using in common places where commercial intentionis sought, its entrance free or with payment.
The bandroles are given by the Ministry of Cu lture or Related Professional Unions after the
agreement which permits the presentation made between the owners of work or related unionof owners of work and user, and after the cost of bandroles paid.
If the transmitters of sign, sound and/or image don’t have bandroles rela ted with the using in
common places, this means a violation of financial rights.”
Article 21.  The second and last paragraphs of the 42- article of the law no. 5846 was changed
as follows and the statement “The persons who bears the membership requirements and
whose number is at least four times the number of real members of the compulsory organsapply to the Ministry in order to establish a union” was added after the first sentence of the
forth paragraph.
“It is compulsory to establish a federation by at least three professional union that are
founded for the same scope, in conformity with the type of status which is prepared by
Ministry of Culture and approved by the Ca binet. More than one federation can’t be
established.”
“The rights of the owners of work and the neighbouring right owners can’t be followed by
other union, association and s imilar foundations in the country except the profession unions
established according to this article.”
Article 22.  The variable 43. article of the law no. 5846 was changed as follows.IP/N/1/TUR/C/1
Page 45
“2. The payments related with the intellectual and artistic works which are transmitted
by the instruments like radio - television:
Article 43.  Radio and television institutions have to get permission from the owners of work
related with the staged works that they will use in their broadcasting.
Radio-television institutions and satellite and cable broadcasting companies and broadcasting
companies which use the present or future technical possibilities, have to get permission bymaking a collective agreement (with the owners of work or neighbouring rights or theirprofessional unions of which they are member s) appropriate to the 52. article for the
intellectual and artistic works except the stage works that they used in their broadcasting, andhave to make payments relative with these usage to the owners of work or neighbouring
rights or professional unions of which they are members.
The principles and rules related with the using of works are arranged by a regulation prepared
by the Ministry of Culture with the contri bution of Radio and Te levision High Council and
related profe ssional unions.”
Article 23.  The second and third paragraphs of  the 44- article of the law no. 5846.
“Natural persons or corporate bodies whic h produce or import every kind of technical
apparatus that are used in the multiplication of intellectual and artistic works and every kindof transmitting material such as empty video cassettes, sound cassettes,  computer diskettes,
CD, DVD, are responsible to put the amount that  they collected in a month into a special
account in a national Bank on behalf of Ministry  of Culture, cutting the rate determined by
the Cabinet without exceeding three percent above  the price of import or export, until the half
of the next month.”
“3/4 of the amount collected in this account, is shared between the professional unions in
order to be given to the right owners after th e union share is discounted according to delivery
plans that the Ministry will approve. The minis try uses the rest 1/4 of this amount for
preventing the violation of intellectual righ ts and for cultural and social purposes. The
principles and rules related with the use and delivery of these amounts are determined by a
regulation that will be issued by the Ministry of Culture.”
Article 24.  The second paragraph of the 47. article of the law no. 5846 was changed as
follows.
“In order to decide on this matter it is necessary that the work must be created by the Turkish
citizens in Turkey or out of Turkey and at the same time the published work copies must be
out of market for last two years and the right owner will not make any new edition of thework in an appropriate period.”
Article 25.  First paragraph of variable 68. article  of Law no. 5846 was changed as follows.
“If the work was translated without permission of work’s owner, published more than number
stated in agreement or outside of agreement, processed in other form or transmitted andpresented by radio-television and similar means, owner of work could request maximumthreefold of the value that can be demanded and the value paid for similar work in case ofIP/N/1/TUR/C/1
Page 46
having an agreement. For fixation of similar value the price list of profession unions
concerned should be applied.”
Article 26.  The paragraph no. (5) was added to the fi rst paragraph of variable 71. article of
the law no. 5846 and the last paragraph was changed as follows.
“5. On persons who chan ge a work without a written permission of work’s owner”
“A punishment of imprison from one year to tr ee years and fine from 5 billions to 10 billions
should be sentenced”.
Article 27.  Paragraphs (4) and (5) of the first pa ragraph of variable 72. article of law no.
5846 and last paragraph were changed as follows.
“4. On persons who represent or exhibit or demonstrate the work in public, organize
this exhibition or publish by all the audio - visual means or intervene this publication”,
“5. On persons who lease a work or lend it to public”,
“A punishment of imprison from one year to tree years or a fine from 5 billions to 10 billions
or the both should be sentenced.”
Article 28.  Last paragraph of variable 73. article  of law no. 5846 was changed as follows.
“On persons, a punishment of imprison from two ye ars to four years or a fine from 10 billions
to 15 billions or the both should be sentenced.”
Article 29.  The title of variable 75. article of law no. 5846 and its four th paragraph was
changed as follows and the paragraphs no. (3), (4) and (5) were joined at the end of second
paragraph.
“III. Legal proceedings and Relapse”
“3. In cases stated in third paragraphs of 14th and 16th articles on frame of last
paragraph of the 10th, articl e, Ministry of Culture.”
“4. In cases stated in paragraph (1) of 1st ar ticle, in paragraphs no. (3) and (4) and in
paragraphs no. (2) and (3) of 73. article, Mi nistry of Interior Affairs, Ministry of
Finance and Ministry of Culture.”
“5. Profession unions that are au thorized by owner of work.”
“Holder of right could apply to the Public Ch ief Prosecutor of the Republic in 6 months from
date at which they are informed about vi olation and acting on c ondition of remaining in
prescription period together with the documents evidenced their rights. Regarding this crimejudicial procedure in same La w Should be applied without cons idering the place described in
(A) paragraph of first article and the time de scribed in 4. article of law no. 3005 concerning
judicial procedure law of  the witnessed crimes.”IP/N/1/TUR/C/1
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“If person who has a definitive condemnation concerning the crimes described in this law
commits once more similar crime, punishment to be sentenced about crime should be
doubled.”
Article 30.  Title of 76. article of la w no. 5846 and its first paragraph was changed as follows
and at its end the following paragraph was added.
“I. Duty and Evidence”
“In the lawsuit created from juridical relations  that are arranged by this law, without
regarding to the quantity of lawsuit matter a nd the degree of punishment indicated in Law,
the charged court is a specialty court that w ill be found by Ministry of Justice. Till the
specialty, courts will be found and activated by the Higher Board of Judges and Public
Prosecutors upon a proposal of the   Ministry of  Justice determines whether court of first
instances or criminal courts will be charged as speciality courts and their judicialenvironments.”
“In the lawsuit to be brought in accordance w ith this law, in case that plaintiff presents
enough evidences that were strongly satisfied a bout the truth of plaintiff’s claim, the court
could request persons who use the preser ving works, phonograms, executions and
publications to present all the documents of pe rmission and authorizati on defined in this Law
and/or the lists of works, phonograms, execution and publications used.”
Article 31.  The variable 77. article of the law no. 5846 and its title were changed as follows.
“The optional measures and temporary seizure in the customsArticle 77.  To prevent an important loss and any sudden risk or to prevent the definitive
orders or if the claims presented in this matter are strongly probable and are necessarybecause of other reasons. On the demand of pers ons whose legal rights submit a breaking and
menace in accordance with this law and are authorized to file a complaint, the court couldgive a verdict to seize provisory the copies multiplied of works and the means used for theirmultiplication by way of optional measures and also order to close and to open the workingplace and could order other part to perform or not a work before and after lawsuit. In theverdict, it is specified that opposition to order will create the penal results described in article
343 of execution and bankruptcy law.
In case of transpiration probability against righ ts on the work, the rules of 57. article of the
custom law no. 4458 should be applied while impor ting and exporting of the copies for which
sanction is required.
Because of transgression probability against the rights on the work, the procedures regarding
seizure the copies should be executed by custom  authorities according to the rules concerned
of the custom rule while importing and exporting them.”
Article 32.  The variable 80. article of the law no. 5846 was changed as follows.
“I. The neighbouring rights of work’s ownerIP/N/1/TUR/C/1
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The neighbouring rights to the rights of wo rk’s owner with the condition that it doesn’t
damage to a moral and financial right of work ’s owner and with his permission artisans who,
in specific form, introduce, ex plain, play and perform a work  in different forms, phonogram
producers and radio-television institutions that  firstly demonstrate the sounds that are
execution products and the others have the neighbouring rights described as follows.
I. Performance have the following rights.
1. Performers, as independent from financial rights  and even if they transferred them, have a
right to request to be introduced as holder of their executions and to prevent the corrupting ofthe executions against their personal dignities, excluded the situations required applicationconditions regarding their directly Voice executions and their executions fixed on the
phonogram.
2. A performer who comments a work in a specifi c form with permission of work’s owner is
exclusively holder of a right on permitting or prohibiting to fix this execution and to multiply,sell, distribute, rent, lend, transmit to the public by audio-visual means and re-transmit,
present this fixation.
3. Performer has a right on permitting or prohibiting included to distribute the original
execution records and their copies multiplied that were not sold or distributed by selling or byother means at home.
4. Performer has a right on permitting or prohibiting included to sell his execution fixed or its
copy multiplied by wired or unwired means or to  distribute or present them to the public by
other means and to transmit them for executi on in time and place fixed by natural persons.
The distribution and presentation of executions  made by transmission to public could not
break the transmission right of performer.
5. Performers can transfer their rights to pr oducers by an agreement in exchange for an
appropriate value.
6. In case that execution was realized by an orchestra, a chorus or theatre group, only
permission of chief in orchestra or chorus, only permission of director in theatre group is
enough.
7. For executions that are realized depending on a agreement and with a enterprise of
enterprising person the permission of enterprising also must be taken.
II. Producers of phonogram have the following rights.
1. On the matters of multiplying directly or indirectly, distributing, sending and leasing and
lending to public of the fixation of work made  with a permission of performer and owner of
work, the rights to permit or inhibit be long exclusively to phonogram producer. The
phonogram producers have exclusively a right to permit transmitting and re-transmitting of
their phonograms to the public by audio-visual, sign means.IP/N/1/TUR/C/1
Page 49
2. Producer has a right of permitting and inhibiting to distribute the originals of fixations or
their copies multiplied that are not process of selling or distributed by other means at home,by selling or other ways.
3. In condition that the fixations of executions should be sold by wired or unwired means or
presented or distributed to public by other mean s and that it provide to reach their fixations in
place and time determined by natural persons, pr oducer has a right of permitting or inhibiting
to transmit them to public.
III. Radio-Television Inst itutions have the rights of perm itting or inhibiting to fix the
broadcasting, to multiply these fixations, to  rebroadcast and to show them in places
with payment.
In case that performances recorded in phono grams are transmitted to public by any way,
users of these phonograms are responsible to pay an appropriate value concerning to using to
performers, phonogram producers or profession uni ons concerned besides owners of work. In
case that there is no an agreement relating to sharing the value between performers andphonogram producers the value men tioned is shared equally.
The permissions given by neighbourin g right owners should be written.
In the following cases the written permissi on of neighbouring right owner should not be
necessary.
1. Presenting the intellectual and artistic works to public with the purpose of education
scientific research or informa tion or without earning any profit.
2. Broadcasting the radio-television programs with Intellectual and artistic works and
multiplying them to use individually without earning any profit.
3. Temporary records in short made by possibilities of radio-television institutions an for their
broadcast.
4. In cases stated in 30., 32., 34., 35., 43., 46. and 47. articles of this law.This application should not dama ge to legal interests of owne r’s right except right reasons
and should not be contrary to normal using.
Neighbouring right owner’s as owners of work us e the right of the lawsuits of the violation’s
removing and prohibiting and the compensation.
On persons who violated the rights of neig hbouring right owners sentenced to a punishment
of imprison from one year to three years and a fine from 5 billions to 10 billions or to both ofthem.”
Article 33. The variable 81. article of  law no. 5846 was changed as follows.
“II. Preventing the violation of rightsIP/N/1/TUR/C/1
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Article 81.  In order to multiply a work there must be an agreement or a written permission
between the owner of work and the persons or corporate bodies wanting to multiply the work,
showing the right of multiplication or the authority to use this right is given in conformitywith the articles 48 and 52.
It is compulsory to stick bandroles to the multiplied copies of musical and cinema works and
to the publications which aren’t  periodical. In addition, it is compulsory to stick bandroles to
the multiplied copies of other works which are suitable to be copied upon the request of the
owner of work or right. In order to take bondr oles, it is compulsory to show the agreement or
written permission men tioned in the first paragraph, the order ticket showing the
multiplication quantity and shipping list or invoice.
Upon this showing, bandroles we given within  fifteen days without any extra procedure.
The bandroles are printed and sold by the Mi nistry of Culture. Ministry can make the
bandrole selling by means of professional unions. Incomes from bandrole deposited into anaccount opened in a national bank on behalf of Ministry. Incomes are used in the activities
aiming to develop and enforce the intellectual ownership system.
A Commission which is formed by civil administration managers in provinces from
Ministries of Interior Affairs, Finance and Culture, and representativ es of professional unions
of owners of work and/or neighbouring rights , can Control the works mentioned in second
paragraph and required to be put bandrole whet her they are put bandrole or not. The copies
and publications that are without bandrole or ca rrying false bandrole are collected any sent to
Public Attorney togeth er with offence notice.
In case of the violation of the rights of owne rs of work, neighbouring right owners or other
right owners, upon the application of persons au thorized to complain or request of the
Commission the Public Attorney of the place where violation occurred or its results appeared,can request from the court that this place wh ere unlawful multiplication done to be shut,
copies and publications there to be kept and th e technical equipment that used to be sealed.
If delaying cause any drawback then Public Attorney can decide to take in hand and to seal
directly.
The right owners that are mentioned in the fifth paragraph, can apply to Public Attorney
within six month after they learnt the violati on with the documents that proving their rights.
The principles and rules related with the application of the matters stated in this article are
arranged by a regulation which is issued by the Ministry of Culture.
Those who multiply or publish the works by using instruments which copy signs, images and
sounds with the usage of bandroles beyond its purpose or who doesn’t get the written
permissions stated in this article, and w ho make the false bandroles or make wrong
announcement about the multiplication right even though they don’t have; are sentenced to
10 to 15 billion liras or 2 years prison, or both of them.
Article 34.  “Sound carrier” and “Sound carrier s” statements in the va riable 82. article of the
law no. 5846 was changed as “phonograms, “punc tuation mark” the end of (1) sentence ofIP/N/1/TUR/C/1
Page 51
second and third paragraphs of the same artic le was changed as” or “. “found” statement in
the second sentence of the second paragraph was changed as “recorded”. The fifth and sixth
paragraphs of this article were changed as follows.
“The rights of performing artists, continues se venty years starting from the date of the first
recording of performance. If the performance isn’t recorded, this period starts with the firstpublicity of the performance.
The rights of producers continues seventy year s starting with the date on which their sounds
recorded first time”.
Article 35.  The added 2. article of the law no. 5846 was changed as follows.
“Added article 2- The preserva tion which provided by this Law, is applied to followings
when the change arising from this article gains power;
1. All the works found in Turkey produced by the owners of work and neighbouring rights
who are. Turkish citizens; performance recorded in phonograms and phonograms;
2. Foreign works which are produced in other c ountries which are for the same international
acts and agreements as Turkey, and not anonym ous since their preservation period not ended;
performances recorded in phonogram and phonograms.
Those who possess the works taken into preser vation as a result of application of first
paragraph, performances recorded in phonogram  and copies of phonogram, can sell or give
away these copies until the end of six months period following the date on which this lawbecomes effective.
Nevertheless, using of rights given to owners of work and other right owners related with
works, performances recorded in phonogram and phonograms, depends on the permission of
owners of work or right owners within the frame of this law.
The statements of this law related with the possession of cinema works, are applied to the
cinema works which are started after the date 12.06.1995 on which the Law no. 4110 became
effective.
Article 36.  From the law of Intellectual and Artistic works no. 5846 dated 05.12.1951.
a) “its original or derivatives “statement which comes after the statement” from a mark”
in the first paragraph of the 24. article
b) variable 28. articlec) variable 29. articled) “being published or” in the first paragra ph of the variable 38. article and its second
paragraph
e) variable 39. articleIP/N/1/TUR/C/1
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f) last paragraph of 37. article
g) (4) numbered sentence of the variable 73. article
were abrogated.
Article 37.  The following additional 4. artic le was added to the law no. 5846.
Additional Article 4. “Culture and Tourism” statements in this law changed as “Culture”.Article 38 . This law becomes effective when it is published.
Article 39.  Cabinet executes the rules of this Law.
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