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Copyright law of Turkey

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National emblem of Turkey

Turkish copyright law is documented in the law number 5846 on Intellectual and Artistic Works (Turkish: Fikir ve Sanat Eserleri Kanunu).

Turkey is revising its intellectual property rights laws in order to align them with WIPO standards.[1] Turkey is a party to the Berne Convention, the Rome Convention and the TRIPS Agreement. Turkish copyright law was made compliant with these treaties after its 1995 and 2001 amendments.

As in all countries, a number of limitations and exceptions are codified in Turkish copyright law. These include a doctrine of exhaustion of rights after the first sale (Article 23/2), which prevents a copyright holder from controlling circulation of lawfully made copies after they have been made available to the public.[2][3] It also includes a number of exceptions and limitations in Articles 31 through 38, allowing re-use of various government works (Articles 31 and 32), educational performances and collections (Articles 33 and 34), quotations of works in various circumstances (Articles 35 and 36), and incidental captures of copyrighted content in informational and news footage (Article 37).[3][2] Additionally, Turkish law includes reproduction of works for personal use (Article 38).[3][2]

History

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The first Ottoman Empire copyright regulation was the 1850 Encumen-I Danis Nizamnamesi. The 1857 Matbaalar Nizamnamesi granted writers lifetime copyright.[4] The 1910 Authors' Rights Act was based on mid-1800s French law[5] or the German Copyright Code of 1901[6] and remained in force until 1951[7] though with little enforcement.[6]

Amendments

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Originally written in December 1951, law 5846 has been amended by the following laws:

  • 2936, 1983-11-01
  • 4110, 1995-06-07
  • 4630, 2001-02-21
  • 5101, 2004-03-03 (known as anti-piracy law among public[8])
  • 5217, 2004-07-14
  • 5571, 2006-12-28

In addition, a draft law has been prepared to amend articles 23, 25, 43, and 71–81, as part of the harmonization plan.[9]

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Other laws applicable to the creation of audiovisual art are[10]

  • 3984 (on the Establishment of Radio and Television Enterprises and their Broadcasts)
  • 3257 (on Cinema, Video and Musical Works)
  • 5680 (Press Law)
  • 1117 (on the Protection of Minors against Harmful Publications)
  • 4054 (on the Protection of Competition)

See also

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References

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  1. ^ Aktekin, Ugur (June 2007). "Keeping up with WIPO". Managing Intellectual Property: 72–73. Archived from the original on 2016-02-15. Retrieved 2008-07-14.
  2. ^ a b c "Turkey", in Silke von Lewinski, Copyright Throughout the World.
  3. ^ a b c ICLG, Copyright Laws and Regulations of Turkey, last visited May 19, 2020.
  4. ^ Nadide Güher Erer (2014). "A Short History of Copyright in the West, in the Ottoman Empire and in Turkey". Türk Kütüphaneciliği.
  5. ^ Suthersanen, Uma; Gendreau, Ysolde (November 2012). A Shifting Empire: 100 Years of the Copyright Act 1911. p. 88. ISBN 978-1781003091.
  6. ^ a b Cahit Suluk (2012). "Emerging Issues In Turkish Intellectual Property Law". {{cite web}}: Missing or empty |url= (help)
  7. ^ "Copyright Protection on the Internet: Analysis of an International, Regional and Nationally Based Protection". 2006.
  8. ^ "Korsanla mücadele yasası Resmi Gazetede yayımlandı". Memurlar.Net (in Turkish). Retrieved 2020-10-21.
  9. ^ "Turkey: Copyright, Draft Law (Amendment)". WIPO. Archived from the original on 2012-12-12. Retrieved 2008-08-05.
  10. ^ Baytan, Hatice Dilek (2001-08-03). "Turkey: Law Relevant to the Audiovisual Sector". European Audiovisual Observatory. Retrieved 2008-07-29.
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