Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Wipo Performances And Phonograms And The Participation Agreement Find Suitable Our

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. WIPO İCRALAR VE FONOGRAMLAR ANDLAŞMASINA KATILMAMIZIN UYGUN BUL

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Law No. 5646

Acceptance Date: 02/05/2007
Article 1 of the World Intellectual Property Organization (WIPO) adopted on 12.20.1996 by "the WIPO Performances and Phonograms Treaty" were eligible to participate in the us.
Article 2 of this Act shall enter into force on the date of publication.
Ministers executes the provisions of Article 3 of this Law.



















WIPO Performances and Phonograms are AGREEMENTS The (1996)
Introduction
Contracting Parties
Executive as possible the rights of performers and phonogram producers effectively and regularly to continue to protect and improve willingly
economic, social, cultural and technological the problems created by the development of adequate solutions to predict, knowing the need to clarify the interpretation of existing certain rules
Enforcement and knowing communication technologies and powerful influence on the approach to development and communication for the creation and use of phonograms, especially the rights of
performers and producers of phonograms education, research and knowing the broad public interest to maintain a balance between the requirements regarding access to information, have agreed on the following
:

CHAPTER 1 GENERAL PROVISIONS Article 1


Other Contract Relations ( 1) nothing in this Treaty shall derogate, the executive held in Rome Artists on October 26, 1961 Producers of Phonograms and in the framework of the International Convention on the Radio-TV for the Protection (hereinafter Rome is referred to as the Convention) will eliminate its obligations under each of the eyes of the Contracting parties.
(2) protection provided by this Treaty, in no way will affect the protection of literary and artistic works on and will not hurt. Consequently, no provisions of this Treaty may be interpreted as Amedaki will damage the protection mentioned.
(3) This Treaty is not affiliated with any other treaty and other treaties shall not prejudice the rights and obligations stipulated.
Article 2
Definitions
This treaty framework:
(a) "Performers", to review the literature or art or folkloric expressions in any way, promote, sings, plays or performers actors , singers, musicians, dancers and other persons,
(b) "phonogram", except for a determined format made in cinematographic or other audiovisual works, an executive in the voice or other sound detection or the representation of sounds,
( c) "detection", by a means that can be understood, can be replicated, can be transmitted, sound recording or presentation,
(d) "Phonogram Producer", an executive in the voice or other sounds, or other sounds represented in the initiative for the first point and the responsibility natural or legal person,
(e) the execution and phonograms to have detected "publication", copies of a reasonable number with the consent of the executive has been identified with the condition to be forwarded to the community or phonogram copy rights holders to be presented to the society
(f) "Radio and Television Broadcasting ", the wireless transmission of audio or video and audio in order to reach the community; This expression also identifies a transmission performed in the same type carried by the satellite; by radio and television organization or with its consent decoder means when the transmission of encrypted signals provided to the public "radio broadcast with the TV" counted.
(G) the Executive, or phonogram to "transmit to society" execution or phonogram of a sound or voice in executive or a no transmission of the drive to the community outside the phonogram has been detected sound representation of radio and television; Within the framework of Article 15 "is transmitted to the Community", or the sound of a phonogram representing the detected sound is heard by the community include being overridden.
Would testify. Article 3 This Treaty Amedaki


Beneficiaries of Protection (1) Contracting Parties, as set forth in this Treaty protection, performing artists who are nationals of other Contracting Parties and shall apply to producers of phonograms.
(2) Other Contracting also of the Rome Convention all Contracting Parties to this Treaty by the Contracting citizens to express if they are Contracting States, performing artists are likely to have the desired criteria in order to benefit from the protection envisaged by the Rome Convention and producers of phonograms should be understood. about licensing criteria, the Contracting Parties shall apply the definitions set forth in Article 2 of this Treaty.

(3) Rome Convention 5 (3) In accordance with Article 5 or in the same articles of the Convention, an opportunity in each Contracting Party benefiting stipulated in Article 17, World Intellectual Property Organization as specified in that provision (WIPO) shall notify the Director-General.
Article 4
National Implementation
(1) Each Party shall, in Article 3 (2) as defined in the nationals of other Contracting Parties, the principles will apply the Treaty envisaged by exclusive with regard to the rights of its own citizens and those of the Treaty Article 15 It will recognize the right to fair compensation provided for in Article.
(2) (1) obligations stipulated in Paragraph 3 of this Treaty uses the third paragraph of Article 15 applicable permissible reservations about another Party.
PART II
executive RIGHTS OF ARTISTS
Article 5
Executive Moral Rights of Artists
(1), even independently of the financial rights of artists and after the transfer of those rights, performing artists, live voice performances or phonograms regarding on fixed performances, performance of usage as required by the elimination of these expressions, performing artists will retain the right to define as a performer of his own works and performances to be tampered with so as to prejudice their reputation, distortion and retains the right to opposition to change in any way.
(2) (1) rights for performing artists in accordance with paragraph after his death, used by at least continue until the end of the financial rights and protection as requested by the legislation of the Contracting Parties authorized persons or organizations. However, accession or ratification of this Treaty to the artist after his death during the rights set forth in the preceding paragraph of the provision in the legislation that has regulations protecting the Contracting Parties may provide some of the last to find after the death of these rights.
(3) basis to ensure the protection of the rights envisaged by this Article, the requested protection regulated by the legislation of the Contracting Parties.
Article 6
Executive Remuneration Regarding artists Determining that the Executive regarding enforcement of
Performers:
(1) Determining non-execution of, except in cases where they have been issued yet, to be published by radio, television and available to the public and
(2) detection of execution has not been determined to be about allowing
will benefit exclusively. Replication Rights Article 7


Performers by any manner or means, or will benefit directly from the executive have been identified to allow for the reproduction exclusively indirectly.
Article 8
Right of Distribution
(1) executive artists will benefit from the original or a copy of the executive which has been fixed on phonograms sales or through another way to transfer ownership rights on granting permission shall be exclusively available to the public.
(2) This Treaty Amedaki no provisions, after the transfer of the original copies or the first sale of ownership of the copy or in any way the entitlement of enforcement that have been detected with the permission of the artist of the Contracting Parties (1) of potential for the exhaustion of the right provided for in paragraph It does not prejudice the authority to determine the circumstances.
Article 9
Rental Rights
(1) Performers, even the original or a copy of the executive detected on the phonogram with the authorization given by the artist or after distribution in accordance with this authorization, as determined by national law of the Contracting Parties to society renting commercial will benefit about permitting exclusively on the issue.
(2) (1) Notwithstanding the provisions of paragraph, in the April 15, 1994, the rental of copies of the work contained in the phonogram in return for work with equitable the Contracting party who apply or implement a fee system to the commercial rental of works contained in the phonogram, the author exclusive reproduction damage to property, the right way, unless it can maintain this system.
Article 10
Detected been Enforcement of Public performance Transmission Right
real people so that they can gain access when and where they choose, performers original enforcement have been identified in phonograms or replicated copies of those who will benefit about to allow wired or wireless means with exclusively available to the public.

Phonograms CHAPTER III RIGHTS OF PRODUCERS Article 11


Replication Rights of phonogram producers of phonograms will benefit exclusively about allowing any way or method to be replicated directly or indirectly.

Article 12 Right of Distribution

(1) phonogram producers, sales of the original or copies of the phonogram, or in any other way will benefit about allowing shall be exclusively available to the public by transferring ownership rights.
(2) Nothing in this Treaty shall derogate, after the transfer of the first sale or other form of entitlement of ownership rights to the phonogram's original or copies with the permission of phonogram producers of the Contracting Parties (1) possible conditions for exhaustion of the rights provided for in paragraph does not prejudice the authority to determine the .
Article 13
Rental Rights
(1) phonogram producers, phonogram the original or copies of, even with or authorized by the producer after distribution in accordance with this authorization, the commercial rental to the community will benefit about permitting exclusively on the issue.
(2) (1) Notwithstanding the provisions of paragraph, in the April 15, 1994, which have been identified by phonograms in exchange for the rental of copies of the executive producers of phonograms to equitable fee system apply or apply in that Contracting Party, phonogram Renting commercial, exclusive reproduction of producers of phonograms damage to property, the right way, unless it can maintain this system.
Article 14
Phonograms of public parking Transmission Right
real people so that they can gain access when and where they choose, phonogram producers will benefit about allowing phonograms of wire or exclusively available to the public by wireless means.
PART IV
COMMON PROVISIONS
Article 15
Society transmitted and Release Regarding Fees Right of Radio-TV
(1) Performers and phonogram producers, is delivered to the community or to publish radio and television of phonograms published for commercial purposes in exchange for direct or indirect use and equitable benefit only about a fee.
(2) The Contracting Parties in their national legislation performing artists, producers of phonograms or single and equitable for both sides, the user can anticipate may charge a fee. The Contracting Parties performer in the absence of a treaty between artists and producers of phonograms, conditions for the split between single and equitable fee for the artists and producers of phonograms they can accept their national legislation.
(3) If any of the Contracting Parties, Director General of WIPO to a statement they could deposit (1) is the pearl of the provisions of paragraph apply only in certain user or this issue will limit the other way or declare that the application of any of these provisions.
(4) Within the framework of this article to provide access to real people who choose when and where they were presented to the community by wire or wireless means will be considered as phonograms published for commercial purposes.
Article 16
Limitations and Exceptions
(1) there are limitations and exceptions shall have competence in the same manner as prescribed for the protection of rights on literary and artistic works in the national law of the Contracting Parties concerning the protection of performers and producers of phonograms.
(2) Contracting Parties may limit an executive or phonogram to not conflict with the normal use and performing artists or producers of phonograms in legal interests without prejudice to bring this Treaty Amedaki the introduction of the law of limitation or exception provided for exceptions. Article 17 Protection


Since this Treaty with the performer from the end of the year as determined by an executive of a phonogram duration of protection afforded to artists at least 50 years.
The duration of protection granted to producers of phonograms with the Treaty; Since the end of the year in which the phonogram or phonograms published since determined in the absence of such an arc within a period of 50 years, at least 50 years to be calculated from the end of the year of the determination.
Article 18 Obligations Regarding
Technological Measures
Contracting Parties concerning performing artists or producers of phonograms to authorize or restrict the realization of law disallowed verb, and this Treaty and following the rights granted to them performing artists and phonogram yapımcıların used by effective technological methods appropriate legal protection against defused and will anticipate the effective legal sanctions.

Article 19 Obligations concerning Rights Management Information

(1) Contracting Parties, that the Treaty envisaged by any right violation made possible, shall provide for adequate and effective legal measures are valid reasons to suggest that facilitating or hiding against those who knowingly following acts, or for those who are subject to legal measures.
(Ii) alter any electronic rights management information or to eliminate
(ii) electronic rights management information without permission replaced by or known to be abolished performances, the detected execution or unauthorized to distribute phonograms copies of import to be distributed to, to run radio and television or to offer to the community or to transmit,
(2) of this Article, "rights management information" means, when the executive or phonogram copies have been identified any of the information items or fixed performances or phonograms community presentations or when seen as connected to my message performer, the performer of the exercise of phonogram producers of phonograms, means the executive or the owner of any right on phonogram or phonograms or information about the conditions and deadlines for the execution of use and information that identifies any numbers or codes that represent such information. Article 20 Formalities


The enjoyment of the rights provided for Amedaki Treaty and the application is not subject to any formality. Reservations may


Article 21 No reservations to this Treaty other than the third paragraph of Article 15 can not be invoked. Article 22


Application in Time (1) Contracting Parties, this Treaty shall apply with projected performers and producers of phonograms in connection with the rights of the provisions of Article 18 of the Berne Convention, according to state care.
(2) (1) Despite the provisions of paragraph, any Contracting Party about the enforcement of this Treaty that occurred after the entry into force in terms of itself, may limit the application of Article 5 of the Treaty.

Rights Article 23 of the Provisions on the Implementation
(1) Contracting Parties shall adopt appropriate measures to ensure the application of this Treaty undertake to adopt, in accordance with their legal system.
(2) Contracting Parties, the protection envisaged by the Treaty to prevent violations against any violation and the application procedure which allows for effective action to contain the original measures to ensure deterrence in the violations that may in the future will allow them to conduct their own laws.

CHAPTER V ADMINISTRATIVE AND FINAL PROVISIONS Article 24


Assembly (1) (a) Contracting Parties shall have an Assembly.
(B) Each Party shall assist delegates, advisors and will be represented by a delegation of experts can help.
(C) The expenses of each delegation, representatives appointed by the Contracting Parties shall be borne. Assembly of the United Nations made the World Intellectual monetary assistance to facilitate the participation of the General Assembly is regarded as a developing country, in accordance with the practice in force or representatives of the Contracting Parties contained in the transition to a market economy Ownership of the Organization (referred to hereinafter as WIPO.) May request.
(2) (a) The Assembly shall deal with processing and issues related to the implementation of this Treaty continuity and development.
(B) The Assembly regarding the admission of certain intergovernmental organizations to the Treaty 26 (2) shall perform the duties assigned to it by the provisions of Article.
(C) The Assembly shall decide on a diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such a conference.
(3) (a) Each Contracting Party shall be entitled to one vote and shall vote only in its own name.
(B) Each Party shall have the intergovernmental nature of the organization, on behalf of the member state with the number of states parties to this Treaty with an equal number of votes may participate in the vote. This intergovernmental organizations, such as members of the state they want to use their voting rights, or otherwise participate in the voting situation.
(4) The Assembly calls on the Director General of WIPO will meet in ordinary session every two years.
(5) The Assembly ordinary meeting of the call basis, the amount of the required majority for the meeting and in accordance with the provisions of this Treaty shall determine the amount of majority for decisions to be taken on various issues regulates their working principles and methods. Article 25


International Bureau of the International Bureau of WIPO shall perform the administrative tasks concerning the Treaty. Article 26


The Parties to the Treaty of Eligibility (1) WIPO member states may become party to this Treaty.

(2) The Assembly of this particular treaty proposed legislation regarding matters is a binding on all states who's legislation and in accordance with its internal procedures intergovernmental states that have authorized entirely on becoming a party to this Treaty may decide to be treated as party to this Treaty by each institution .
(3) During the Diplomatic Conference adapting this Treaty as specified in the preceding paragraph in the declaration of the European Community, may become party to this Treaty. Article 27


Treaty Rights and Obligations under the provisions of this Treaty, except as otherwise expressed to enjoy the rights provided for in this Treaty, each Party shall Umeda and will fulfill the obligations. Article 28


Signature of the Treaty This Treaty until December 31, 1997 WIPO and by the European Community shall be open for signature by any state. Article 29 of the Treaty


Entry into Force This Treaty shall enter into thirty state documents of ratification or three months after the date following the date on which they submit to the Director General of WIPO entered into force.
Article 30
The Can Party to the Treaty Date
This Treaty:
(ii) of the Treaty from the date of entry into force of thirty States referred to in Article 29,
(ii) Documents to the Director General of WIPO to the depositary three from the date they other states with the passing months,
(iii) the ratification or accession, Article 29 in accordance with the given after the date of entry of this Treaty into force or the Treaty if it is deposited before the date of entry into force three months after the date of entry of this Treaty into force in Europe Community,
(iv) from the date of the deposit of the participation certificate on the adoption of the Treaty will not be party to other intergovernmental organizations with more than three months. Article 31


Denunciation of the Treaty This Treaty may be denounced by any Contracting Party a notification addressed to the Director General of WIPO. Termination from the date of receipt of notification of the Director General of WIPO shall enter into force one year later.
Article 32
Treaty Language
(1) This Treaty in English, Arabic, Chinese, French, Russian and Spanish languages, the versions in all these languages ​​being equally authentic, is signed in a single original copy.
(2) at the request of an interested party, WIPO Director General, after consultation with all the parties concerned, (1) except for the language specified in paragraph pearl will prepare an official text in any language. Under this paragraph, "interested party" the statement said all WIPO member states have one or more of the official languages ​​of the European Community, if it is to have one of its official languages ​​may be party to this Treaty is understood any intergovernmental organization. Article 33 of the Treaty


this Treaty Submission of the Director General of WIPO is the depositary of the authority.