PROTECTION THROUGH THE LAW ON INTELLECTUAL AND ARTISTIC WORKS

Creations of natural persons are protected as per the Law on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu – FSEK). For protection of such creations, there is even no need for any system such as act of registering adopted regarding the industrial rights.

The creations protected within the scope of FSEK are basically divided as artifacts and non-artifacts.

Non-artifacts such as;

  • Personal Rights, letters, pictures and portraits
  • Unfair Competition, name and sign, mark-image-voice

creations are protected within the scope of FSEK.

Additionally, artifacts created by natural persons are also protected likewise. In this regard, artifacts residing within the scope of FSEK differ from the notion of artifacts defined under the Turkish Code of Liabilities (Türk Borçlar Kanunu – TBK). Within the scope of TBK, any and all creations are deemed as artifact.

For a creation to be deemed as artifact within the context of intellectual rights, the work has to bear the genuinity of its owner and belong to one of the artifact types with limited availability as described in the law.

In the current law;

  • Works of science and literature (computer software are included)
  • Musical works
  • Fine arts works
  • Cinema works

are described as types of artifacts.

The applications and computer software we use in our smart phones are also protected within the scope of FSEK as artifacts.

The rights stemming from ownership of artifacts are divided as financial and moral rights. Financial rights remark the right to process, reproduce, distribute and represent. Moral rights include the right to disclosure to public, the right for reference to the owner, the right to prevent changes to the work, the right to claim possession and propriety and shares from the sale of works of fine arts by right holder.

Besides, the broadcaster and performance artists also have rights in regards to works of music and cinema. These are called correlative rights. Correlative rights are divided as neighbouring rights (performing artist rights, phonogram producer rights, radi-TV broadcaster rights) and film producers’ rights.

Legal actions should be seeked on requests for;

  • Determination of infringement
  • Prevention of infringement
  • Prohibition of infringement
  • Return of the revenues obtained
  • Pecuniary damages
  • Non-pecuniary damages

in case of infringement of intellectual rights.

Intellectual rights may also become subject to criminal prosecution. Professional assistance is absolutely necessary during the stages of preparing and signing of technical contracts such as broadcast contracts and licence contracts as a party.