Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4630.html
Law No. 4630:21.2.2001 article 1. – 5.12.1951, dated and numbered 5846 on intellectual and artistic works under the title of article 1 with article has been changed as follows.
Purpose article 1. – The purpose of this Act, the ideas and works of art that make up the works with the owners of these works by artists who perform or interpret performer, phonogram producers who identified the first of sound with film producers and performing the first detection of radio-television organizations to determine the moral and financial rights of products, use of this product conditions maintain edit contrary to the principles and procedures in the event that the projected benefit sanctions is to detect.
Article 2. – Act No. 5846 1 after the article has been added to the following items to come.
Scope article 1/A.-this law on intellectual and artistic works that make up the works with the owners of these works by artists who perform or interpret performer, phonogram producers who identified the first of sound with film producers and performing the first detection of radio-television organizations with spiritual and financial rights to the products, principles and procedures of savings for these rights, the judiciary and the Ministry of culture with the duties, powers and sanctions entails responsibility.
Definitions article 1/B-in this law from the other definition;
a): carrying the owner's example, and literature and science, musical, fine arts or cinema works counted as suitable for all kinds of literary and artistic work of the crop: b) of real people, c) Processing works: in other works brought to the body by taking advantage of these benefits and non-and process of the detached position relative example of literary and artistic works the crop, d) Assembly: original works without prejudice to the rights the content of the encyclopedias and anthologies such as the selection and arrangement are the result of a thought and creativity, e): representations of the Sounds or audio or audio and images can be understood, can be replicated or saving a vehicle in such a way that it can be transmitted to the process, f) audiovisual works of Phonographic works of cinema: the voice in excluding detected, located a tactically sound, or of other sounds, or representations of the detected audio sound carrier has environment , g) program: a computer system that will allow her to do a special process or task of somehow streamlined computer orders string and this order will allow the formation and development of preparation work, h) interface: Computer hardware and software elements of the user who created the connection between the exposure and the sections of the program, ı) Araişlerlik: Computer program as work together and cross-functional exposure of parts of and ability to use the information exchanged mutual , j) Linked the owner of the work rights: moral and financial rights provided that the neighbouring rights owners and avoid damaging the film performs the first detection of the filmmakers they have rights, Neighbouring Rights: the owner of the work the k) moral and financial rights of the owner of the work, provided that and avoid damage courtesy of commenting on an original form a work that uniquely identify, describe, say, featuring artists who perform in a variety of formats and a State-of-the-art or other sounds for the first time, exercised the phonogram producers and broadcasting organizations the rights that they have , the expression.
Article 3. – Article 5 of the law No. 5846 has been changed as follows.
IV. The cinema works article 5. – Cinema works, suitable for all kinds of Mr Badii, tutorial, or technical nature, or academic research log events such as movies or films that identified, regardless of whether the material was detected, can be represented with electronic or mechanical or similar tool, audible or silent, is a series of interrelated motion pictures.
Article 4. – Article 6 of the law numbered 5846 title "İşlenmeler and Assemblies" in the form is modified, the first paragraph of the employer, "emerging" 11th after coming "and can be read with a tool or other References for the second paragraph in the" form of the work, the owner of the rights "not to harm the condition that created and" phrases is added.
Article 5. – Article 8 of the law No. 5846 change has been changed as follows.
A General article as I describe it – 8). – The owner of A work is that make him.
The owner of a processing and Assembly, the principal owner of the work, provided that the stay is that handles her rights reserved.
The cinema works; Director, original music composer, screenwriter and author of dialogue, work together. Animation technique made movies in the works, along with the owners of the work is also among animators.
Article 6. – the following paragraph to article 10 of the law No. 5846 has been added.
If more than one is brought to the body work with anyone's subsidiary, constitute an integral whole in a contract or terms of service or if the work is generated if any law in force unless otherwise expressly specified in the works with the owners of the rights in works, which brings together natural or legal persons. Home cinema work-related rights reserved.
Article 7. – following the end of the article 13 of the law No. 5846 clause has been added.
Work of cinema and music owners and producers to established rights regarded breach of financial and moral rights they have, providing ease of proof of ownership and financial benefit for the authority of the rights in order to follow the works of recording and registration of. Other works by the same purpose, upon the request of the owner of the work in the group, and taking advantage of powers for the financial rights can be recorded. Registration and registration to be issued by the Ministry of culture of the procedures and principles determined by the regulation.
Article 8. – the last paragraph of article 14 of the law No. 5846 has been changed as follows.
Public parking is possible to supply or publication of the work style, the honor and reputation of the owner if the owner of the work would damage charge, gave written permission to someone else I need to work, even if the shape of the original need to introduce to the public the rendered or the publication of menedebilir. Menetme from contract to give up with authority is void. Other party compensation rights reserved.
Article 9. – Article 16 of the law numbered 5846 last paragraph has been changed as follows.
The owner of the work, even if it was given written permission as unconditional honor and disrepute or distorts the nature of the work and any modification of this particularity menedebilir. Menetme to give up even if it was on this matter from the authority to contract is void.
Article 10. – Article 17 of Law No. 5846 change first paragraph has been changed as follows.
The owner of the work, if necessary, ALAT maliki and possessor "means to fulfill the terms of the protection, the article 4 1 Pearl and beautiful works of art considered in paragraphs 2 and 6 of article 2 and article 3 in 1 of the Pearl is to be ignored, and as a writer with composers in the handwritten original of his works for a temporary period of has the right to demand to take advantage. The owner of the work that as, these works are trading by purchasing or work of persons who obtained documents related to the auction and sales catalog or discusses with.
Article 11. – Article 18 law numbered 5846 following along the top header is modified, and next top titles according to third parties.
III. use of entitlement a) in General, article 18. – Financial rights belong to the owner of the exclusive authority to use works.
The nature of the work, of the special agreement between them or otherwise understood; officials, servants and workers will see their jobs brought the artifacts that occur when running them or the rights used for that determination. Of legal entities that rule about limbs is applied.
The producer or publisher of a work, but the work according to the contract with the owner, you can use the financial rights.
Article 12. – the second of article 19, the law No. 5846 change clause has been changed as follows.
The owner of the work after the death of the owner of the above paragraph works people deemed to be 14, 15 and 16 in the third paragraph of article recognized the rights of the owner of the work from the death of their 70-year reputation.
Article 13. – Article 22 of Law No. 5846 change first paragraph has been changed as follows.
The original or copies of a work, in any shape or manner, in whole or in part, direct or indirect, temporary or permanent replication as exclusively belongs to the owner of the works.
Article 14. – Law No. 5846 Law amended 23 article has been changed as follows.
c) Propagation as article 23. – The original or duplicate copies of A work, rent, lend, sell or distribute it through other means as exclusively belong to the owner of the works.
With the permission of the owner of the work of the replicated copies of the introduction into the country abroad and take advantage of these works belong exclusively to the owner of propagation through the Add. Abroad, no matter what circumstances duplicate copies of every owner of the work and has the permission of the owner of the work or the propagation cannot be imported without the permission of the owner. Rental and public lending authority in the owner of the work, the owner of the rights of certain copies of the result of the right to ownership of the cluster countries emit within the boundaries of the first sale or selling them again after it is deployed to the owner the right to emit the works does not violate recognized.
Renting or replicated copies of a work or of the owner of the work in the form of granting loan release, replication involves copying the work to harm the right to common cause. This article relating to the principles and the implementation of a regulation to be prepared by the Ministry of Culture.
ITEM 15. – Article 25 law numbered 5846 along the title has been changed as follows.
d) sign, sound and/or images with the tools which you can use to post to the public transmission as article 25. – The original or duplicate copies of a work, radio-television, satellite and cable radio broadcasting organizations such as wire or via digital transmission, including sign, sound and/or images with the tools which you can use to post to be published and posted in the works of these organizations are based on other broadcasting organizations to broadcast by the transmission to the public by republication as exclusively belong to the owner of the works.
The owner of the work, the originals or duplicate copies or the sale or other forms of publicly accessible radio means to distribute or to be introduced and their choice of place and time works of real people's access to allow the transmission to the public by providing or has the right to prohibit.
This article deals with the distribution and presentation of the works through the transmission to the public of the owner of the work does not violate the right to emit.
Article 16. – Law No. 5846 Blood by the end of the first paragraph of article 27, the change the following sentence has been added.
This time, the owner of the work, in the case of more than one owner of the work from the death of the last surviving seventy years passed with flying colors.
Article 17. – 33 of the law numbered 5846 has been changed as follows.
3. freedom to Article Represent 33. – If a published work, all education and training institutions, education and training in person for the purpose of direct or indirect profit without seeking representation, the owner of the work and provided that the usual way of disclosure title.
Article 18. – Act No. 5846 Law changed after the second paragraph of article 34 on the way following the third paragraph has been added.
Works of literature and science and published musical, alenileşmiş fine art works, they shall be quoted outside education and training goal of featured works introduction to the body but works collection and with the permission of the owner.
Article 19. – Article 37 law numbered 5846 has been changed as follows.
7. News article 37. – Does not exceed the scope of the nature of News and information, depending on the daily events and artistic works from some parts of the sign, sound and/or images through which it is possible to be taken to the posting. In this way, reproduction, dissemination, representation of the parts taken or is free to publish with other tools such as radio and television. This freedom, rights and legal interests of the owner in such a way that damage or cannot be used in violation to benefit from regular work.
Article 20. – Article title different law numbered 5846 41 together has been changed as follows.
4. Sign, sound and/or images, the use of public places Article 41. – Recorded signs of intellectual and artistic productions, audio and/or images of paid or unpaid and commercial purposes, entry gates open to the public for use in places where bandrollenmesi is mandatory.
Bandroller works with owners or related works the user owners giving permission represents the contract is made between professional association and parcel price is provided by the Ministry of culture after the document or related profession.
Sign, sound and/or image carriers, public places use labels are required, creates the State of financial rights as rape.
Article 21. – Article 42 of the law No. 5846 change first, second and last paragraphs has been changed as follows.
The owners of the works and works connected with the rights of the owners of rights holders to protect their common interests of members and the administration of this Law with recognized rights and follow-up will be charged and the beneficiaries of free distribution on prepared by the Ministry of Culture and the Council of Ministers to provide the Board of Directors has approved to be determined in accordance with the statutes and type status areas can set up more than one Professional Association. Work holders or performer in terms of the number of members of the organs of the principal artists of the mandatory four times as much real people; producers, or broadcasting organizations in terms of the number of members of these bodies are twice the size of the principal must be a member of the Professional Association of natural or legal persons carrying the attributes as are required to apply to the Ministry to get permission to show. Professional associations after receiving permission to install that operates in the area.
In the same area, the can be installed on another professional association, the foregoing are the founding members was established in that field provided that the number of not less than the maximum number of members of the professional association that is a member of the 1/3 full membership carries the attributes of natural or legal persons refers to the Ministry to receive permission to operate. The Ministry operates in appropriate to allow by finding a reference to. Each Union can work by opening branches in accordance with needs. At least two professional association established in the same area, prepared by the Ministry Charter and type status within the framework of the procedures and principles set by the Federation. Can not install more than one Federation in the same field.
The owners of the works connected with the rights holders in the country, the rights recognized by this law according to the article except this established professional associations; other unions, associations and other similar organizations by untraceable. This article is also a founding member and the number of members in the membership, such as the number of full particulars was established before the date this law comes into force is searched for in the professional associations. All professional associations within six months after the entry into force of the law in this matter to be brought to the appropriate. During this period, this requirement that are not professional associations at the end of six months is deemed distributed by itself.
Article 22. – the title of the article different law numbered 5846 with 43 has been changed as follows.
2. Radio-television tools such as published and/or relating to payments forwarded on intellectual and artistic works Article 43. – Radio and television organizations, publications placed on stage in relation to the works offered, must obtain prior permission from the owners of the works.
Radio-television with satellite and cable broadcasters and will be existing or future technical opportunities by taking advantage of the publication and/or transmission they use the stage works of organizations engaged in publications outside of literary and artistic works, the owners of works and/or rights holders in connection with the works owners or members with their professional associations making a contract in contravention of article 52 to take convenient public and that related to the use of works and/or linked payments to beneficiaries or members shall make their professional Union.
Procedures and principles for the use of works, radio and television Supreme Council shall be seeing the profession related to troops in a regulation to be prepared by the Ministry of Culture.
Article 23. – 44 different law numbered 5846 on the second and third paragraphs of article has been changed as follows.
All types of blank video tape, audio tape, computer disk, CD, DVD with the carrier, such as materials, ideas and works of art for the purposes of any technical device which duplicate commercial natural and legal persons that manufacture or import, manufacture or import price will not exceed three percent over the decision of the Council of Ministers to the rate to be determined by cutting the amount of money collected in the month, the next month at the latest, on behalf of the Ministry of Culture to a national yatırmakla special account to be opened in the Bank.
The Ministry collected in this account by the amount of intellectual and industrial property system strengthening domestic and abroad with the protection of cultural heritage and activities to use in the conclusion. The distribution of this amount and procedures and principles regarding the use by the Ministry of culture shall be determined by a regulation to be issued.
Section 24. – the second paragraph of article 47 of law No. 5846 has been changed as follows.
In this regard, the decision to be granted Turkish citizens in Turkey or Turkey out of work by the body as the copies also published works two years depleted and the owner of the right within a reasonable period and do not need to be determined the new edition of the work.
Article 25. – the different law numbered 5846 subsection article 68 has been changed as follows.
Works, the owner of the work, translated out of the contract without the consent of or more than the number specified in the contract, the other form being rendered or radio-television has been published or represented with other tools such as; permission in the case of the owner of the work, the contract was not made may request the price or fair market price from the damage suffered by precedent or up to three times as much. This is primarily related to the troops in the price opinion.
Article 26. – the different law numbered 5846 article 71 of the first paragraph (5) bent and the last paragraph has been changed as follows.
5. a modified without the written permission of the owner of the work, about four years up to six years in prison and as much as 50 billion pounds to one hundred and fifty billion pounds heavy fines be imposed.
Article 27. – Article 72 of the law No. 5846 change first paragraph (4), (5) and (6) bent and the last paragraph has been changed as follows.
4. representing A work or public places indicating that this notation editor or digital transmission for all kinds of signs including, audio and/or images that help vehicles emitting the transmission or dissemination of mediating, 5. A lessor or public work of loaner, 6. The legal or illegally made copies and each country in whatever way makes the subject of trade and uses people as four years up to six years in prison and as much as 50 billion pounds to one hundred and fifty billion pounds heavy fines be imposed.
Article 28. – Act No. 5846 Law changed last paragraph of article 73 has been changed as follows.
About two years to four years in prison and as much as 50 billion pounds from ten billion pounds heavy fines be imposed.
Article 29. – Law No. 5846 Blood along with the title of article 75 of the change has been changed as follows.
III – the prosecution and repeats itself, Article 75. – 71, 72 and 73 prosecutions for crimes considered the complaint in the article.
The other complaint from anyone who was raped on the rights of the venue are as follows: 1. subsection 71 four of article 35 in cases specified in accordance with article cite sources is contrary to the charges in the case of verbs, the ministries of National Education and culture.
2. four of article 71 in cases specified in subsection 36 in accordance with article cite sources is contrary to the charges in the case of verbs, with the Ministry of culture, General Directorate of press-release and represents Turkish Press institutions.
3. within the framework of the last paragraph of article 19 2 and the third paragraph of article 16, in cases specified in the Ministry of culture.
4. in the areas of professional associations which they operate.
The owners of the works, the owners of the works connected with the rights of the rights holders or other breach of the rights of the rights holders, who are, upon complaint of the rape occurred or authorization contact occurring place of the results of the Office of the Prosecutor, the competent court was carried out improper closing of the place from my replicated, impounded copies or publications found here and this topic may request the technical tools used to be sealed.
Gecikmesinde in cases where the public prosecutor within three days in Court of competent jurisdiction, to be presented to confiscate and sealing his decision ex officio.
Rights holders, along with documents proving their rights, provided they stay within the Statute of limitations period rape case of the crime and the perpetrator of the Republic within six months from the date they learned Başsavcılığına. With regard to these crimes, the crimes numbered 3005 Meşhud Reasoning Style of article 1 (A) of article 4 in the scene and the article regardless of the recorded time writing the same code will allow reasoning procedure is applied.
This law written for crimes as people with a final conviction decision, within two years if the same fault things one more time will be given for the new criminal penalty is increased by one level.
Article 30. – Article 76 of the law numbered 5846 with the title following the end of the first paragraph is modified and the following paragraph has been added.
I – Legal Affairs organized by this Act shall be liable to duty and proof in lawsuits arising from the issue of the case and the sentence, regardless of the degree shown in the law court will be set up by the Ministry of Justice specialized courts. Specialized courts of first instance trial activities up and running until the first instance criminal courts and which of the specialized Court of the jurisdiction of such courts are and as the Justice Department's judges and prosecutors Higher Board upon the proposal.
This will open cases under the law, the Court of the plaintiff's claim is true, enough to create a strong conviction about the amount of evidence is present, protected works, phonograms, films and publications Executive, users, permissions and privileges that they envisaged in this documentation and/or all cited works, phonograms, Executive, film and the list of publications. Check the specified document and/or list of all works, phonograms, Chief Executive Officer, is being used in the film and publications constitutes unfair presumption.
Article 31. – Article 77 different law numbered 5846 with the title has been changed as follows.
II – Precautionary measures and temporarily seizure at customs Article 77. – A real damage or sudden danger or prevention of the fait accompli to be interrupted for any reason, and in this regard the Court purportedly claims deemed highly probable, the rights recognized by this law violation or complaint exposed the threat at the request of those who are or venue, either before or after the opening of the case on the other side to a job or should not occur, as the place closed or opening emredebileceği , a replicated copies or hasren that help mold him imale and miscellaneous replication by means of precautionary measures to temporarily decide to tackle with the path. Emre opposition in the resolution, bankruptcy and Insolvency Act, as a result of the article will bear is programmed with the 343 tasrih.
The possibility of the rights in the works to create rape requires copies of the import or export of sanctions during the Customs Law No. 4458, the provisions of article 57.
Customs administrations to this version by confiscation in accordance with the relevant regulation on Customs operations for is executed.
ARTICLE 32. – Article title different law numbered 5846 80 along the top has been changed as follows.
The owner of the work connected with the rights of a) rights and suppression of rights connected with the owner of the work I – rights Article 80. – The owner of the work in connection with the rights they deserve are as follows: 1. The owner of the work that the owner of the neighboring rights: the rights to works of moral and financial rights of the owner of the work, provided that and avoid damage courtesy of commenting on an original form a work that uniquely identify, describe, say, featuring artists who perform in a variety of formats and a State-of-the-art or other sounds for the first time, exercised the phonogram producers and broadcasting organizations are neighboring rights specified below.
A) have all the rights of the performer artists below: (1) independently of the financial rights of artists, Performers, and even after the transfer, those rights were identified as relating to the application of enforcement requires the conditions as the owner of the platform, and the Executive, with the exception of the Executive to undermine the reputation of defaced, and corruption has the right to demand the avoided.
(2) the owner of A piece, with the permission of the original artist that interprets performer in a format to be determined, to be replicated, this survey of the execution of the sale, distribution, Charter, and to borrow, sign, sound and/or images with the tools which you can use to post to the public transmission and reinstall the transmission and permitting or banning the exclusively represents the rights holder.
(3) the performer, the artist hasn't sold yet in the country or other means of enforcement have been identified, or duplicate of the undistributed copies through sale or other means regarding the distribution have to allow or ban.
(4) the performer playing by pushing or replicated copies of the artist has been determined or the sale or other forms of publicly accessible radio means distribution or presentation and choose place and time of the real person to be contacted, the transmission to the public by providing the execution to allow or forbid. Public transmission Executive, through the deployment of and submission does not violate the right to emit of the artist performer.
(5) the performer artists that fit the rights for a price may transfer the contract with the producer.
(6) fill confirmations, performed by an orchestra, choir, or theater group, Orchestra or choir Group Chief's alone, the theatre is sufficient permission to manage alone.
(7) on the basis of a contract with An entrepreneur's initiative and also permit the Executive to entrepreneur's performed is required.
B) State-of-the-art or other sounds An execution for the first time, the Phonographic producer of owners and executive authority to operate financial rights of an artist after he have all the rights listed below.
(1) the owner of the work made with the permission of the artist and performer has been found, directly or indirectly to the reproduction, distribution, sale, rental and lend to the public issues allowing or banning rights exclusively to the phonogram producer. The producers of the detected signal, audio and/or images with the tools which you can use to post to the public transmission and don't let the transmission again is exclusively the rights holder.
(2) the Phonogram producer, hasn't sold yet in the country or in other ways, the undistributed copies of the original or duplicate of identified sales or via other means regarding the distribution have allow and ban.
(3) the Phonogram producer, Executive with the tools of detection of wire or radio to be distributed to the public or the sale or other forms of presentation and choose place and time of the real person detection to allow the transmission to the public by providing to be contacted or have to ban. The distribution of identified through publicly accessible transmission and submission of producer does not infringed the right to emit.
C) Radio-television organizations publications to be identified, this duplication of string-radio publication and entry fee again drive of all kinds are subject to appear in places has the right to allow or forbid.
2. performs the first detection of films filmmaker, artist and performer from the owner of the work's authority to operate financial rights after he have all the rights listed below.
(1) the owner of the work made with the permission of the artist and performer has been found, directly or indirectly to the reproduction, distribution, sale, rental and lend to the public issues allowing or banning rights exclusively to the film producer. The producers of the detected signal, audio and/or images with the tools which you can use to post to the public transmission and don't let the transmission again is exclusively the rights holder.
(2) Film producer, hasn't sold yet in the country or in other ways, the undistributed copies of the original or duplicate of the film detection through sale or other means regarding the distribution have allow and ban.
(3) Film producer, sales of wire or radio identified the movie means to be distributed to the public or other formats, or be introduced and identified their chosen place of real people and also to allow the transmission to the public by providing to be contacted or have to ban. The distribution of identified through publicly accessible transmission and submission does not violate the right to emit the producer.
Fonogramlara has been Chief Executive Officer and movies, whatsoever, should be passed to the public, in addition to the works that use them owners, artists and performers producers or related field related to appropriate use of professional troops that are liable to pay a price.
A cinema located in the usual way in the name of the person or entity unless evidence to the contrary is considered to be the first detection of the producer of the film.
The first of the films together works of cinema owners performs the producer financial rights fail over identified, a specific provision to the contrary in the contract, or if there is no film dubbing cannot object to be written to or subtitles.
The owner of a work of music, performs the first detection of the films producer provisions in his contract with stored reserves the right to publish a work of microenterprises and execution.
First observation of neighboring rights owners and movie of the producers has to be in writing their permissions.
In the following Movie Maker in neighbouring rights holder is not necessary written permission: 1. Literary and artistic works of public policy, education and training, the purpose of scientific research or news purposes and gain is unofficial and exercised and public supply.
2. The ideas and works of art and radio-television programs released and is unofficial and for duplication using personally profit.
3. Radio and television agencies to their own facilities, publications, short term temporary fixations.
4.30 of this Act, 32, 34, 3rd, 4th, 6th and Pearl, 43 46 35 47 periods specified in article.
In this implementation, the legitimate interests of the rights holder's right can't hurt other than reason or contrary to benefit from it cannot be normal.
Works connected with the rights owners ' rights that the owners of the works, such as Rape, and Rape, Men claim for compensation reference are right.
Rights of the rights holders linked those two years is about four years in prison and as much as 50 billion pounds from ten billion pounds heavy fines be imposed.
ARTICLE 33. – Article 81 different law numbered 5846 has been changed as follows.
II – Rights suppression Article 81. – Music and film non-replicated copies of his works in publications with term parcel paste is required. In addition, easy copy to replicated copies of the works of other available works or rights, at the request of the owner of the parcel paste is required.
Bandroller, Ministry of Culture suppressed and sold. Through the Ministry, professional associations also parcel sale. A National Bank on behalf of the Ministry of revenue tax stamps, deposited in the account to be opened. Income, intellectual and industrial property system strengthening domestic and abroad with the protection of cultural assets and activities used to be proceed.
A work parcel can be retrieved, the legal rights owner claim tax stamps shows that there is a fill in the escrow papers is mandatory. The Ministry of culture together with other papers and documents referred to. The Ministry, on the application, without the need for another process, ten business days parcel is under no obligation to give.
Parcel of infringement regarding the use and supply of are as follows: 1. According to this law, a work that need to be taken, regardless of tax stamps the reproduction, sale, distribution of tax stamps, rent, lend, to be offered to the public, or any other form of commercial use or any other way that needs to be done or the provision of benefits.
2. Fake parcel manufacture, fake badge changed from fake works copies all the putting on the stickers in the provision of commercial interests.
3. This law and the relevant legislation is not entitled to receive tax stamps, forged documents or documents, or any other form of authorisation of the Ministry of culture or the organizations yanıltılarak parcel.
4. without the permission of the owner of the replicated copies of the works on the parcel from commercial interests or pasting copies to be obtained or the owner of the work rights, the proliferation of these copies are free of charge.
5. a work Exclusively for the given badge changed to another works.
6. This has been taken in accordance with the Law and the relevant parcel of copies determined to be unmerged, as well as rights issues and free dissemination of copies and is considered another way.
Civil Administration supervisors by ministries of Interior, finance and culture works, owners and/or works connected with the owners of rights holders representatives of professional associations in the provinces mentioned in the second paragraph and a Commission will be created, bandrollenmesi bandrollü of the works which is mandatory if they can control every time. Violation, the works mentioned in this article, linked to rights holders or other owners of the rights holders on or refer to the Commission's request that the Commission take action ex officio with fuzz, it copies, publications, and other kinds of tool that allows replication and collecting evidence, immovable ones safety after receiving evidence collected under Republic Act Başsavcılığına with the introduction of the crime. Office of the Prosecutor from the competent court within three days to close the ground over which the irregular present here my replicated copies of the publications or impounded and the techniques used in this regard should be sealed, and sales of vehicles on demand.
The implementation of the issues mentioned in this article and the Commission's procedures and principles on the establishment by the Ministry of culture, from the date of publication of this Act within six months, a regulation to be issued.
Of one of the violations mentioned in this article about the functioning of muscles, four years up to six years in prison and as much as 50 billion pounds to one hundred and fifty billion pounds heavy fines be imposed.
ARTICLE 34. – Article 82 of the law No. 5846 change title "connected with the rights of the owner of the work rights scope and duration", first paragraph (2) subsection the phrase "other" sound carriers "in phonogram or first film to detect", "phrase" a sound carrier "into a movie", a second paragraph fonograma or first sentence the phrase "sound carriers" in phonogram and film selections at the end of subsection (1) "(,)" or "(2) subsection the phrase" sound carriers "in the" interested in "phonographic and film , the third sub paragraph (1) at the end of subsection (,) is the fourth paragraph of "sign" or "neighboring rights," as the phrase "connected with" right, five and sixth paragraphs has been changed as follows.
The first artists performers rights, Executive starting from the date of the detected, seventy years on. The Executive is not detected during this period begins with the first Executive to gain publicity.
The first survey was made producers rights, starting from the date of seventy years.
ARTICLE 35. Article 2 of the law No. 5846 – has been changed as follows.
Additional item 2. – The protection provided by this law, this article introduced by the entry into force of the change;
1. the owners of the Ministry of citizen works and works connected with the rights of owners of rights holders is available in all works produced by Turkey, has been Chief Executive Officer and phonographic, 2. Turkey is a party to international conventions and agreements of the parties produced in other countries and these countries protection is expired for public figures have been identified foreign monuments, never been exercised and phonographic, is applied.
As a result of the implementation of the first paragraph the scope of protection of the works, legal copies of the Executive have been identified and phonograms in the ownership of persons, followed by the date this law comes into force until the end of the period of six months without the need for a written permission, may sell or dispose of these copies.
However, artifacts, has been Chief Executive Officer and, within the framework of this law, including for phonographic works owners and other rights owners the use of works or rights provided linked rights holders permission.
This Act has provisions related to the work of cinema, has entered into force by law No. 4110 12.6.1995 after the date of the construction of works of cinema is applied.
ARTICLE 36. – Law No. 5846 on intellectual and artistic works dated 5.12.1951 Law;
a) in the first paragraph of article 24 "from" an expression that comes after "his principal or Change them to operate", article 28 b), c) Amended article 29, first paragraph of article 38 d) Change "in the second paragraph of the release or" statement, e) Amended article 39 uncu item, f) the last paragraph of section 57, g) Changed the article 73 (4) I, Withdrawn has been removed.
ARTICLE 37. – Act No. 5846 the following Annex 4 has been added to the article.
ADDITIONAL ITEM 4. – The owner of the artifacts and works with the owner of any of the rights to the works or the use of time and conditions of work in relation to the presenting community works located on or copies of the work seen during information and this information represents numbers or codes cannot be eliminated or changed as unauthorized. Information and this information represents numbers or codes changed or eliminated unauthorized originals or copies of works distributed, cannot be imported for distribution, broadcast or transmitted to society.
The provisions of the above paragraph have been identified in the Phonographic and phonographic also applies in terms of enforcement.
Of the issues mentioned in this article regarding the implementation procedures and principles shall be determined by a regulation to be issued by the Ministry of culture.
The first paragraph of the verbs mentioned about functioning as intentionally and unauthorized 73 of this Act, the provisions of the last paragraph of the article.
ARTICLE 38. – Act No. 5846 the following additional 5 has been added to the article.
ADDITIONAL article 5. – The scope of this law on intellectual and artistic works of the replicated protected cultural heritage protection and are compiled by the Ministry of culture in order to continue.
Of literary and artistic works or replicate the work of eligible natural or legal persons, are replicated works copies of çoğaltımından within one month to a minimum of five books to be compiled.
They're going to give this to be compiled artifacts, relics and responsibilities, will carry out the Assembly operations units, the number of copies to be compiled, given to organizations, other Assembly procedures and principles related to the process by the Ministry of culture shall be determined by a regulation to be issued.
Contrary to this article, should be compiled within the duration of the works of those who shall be punished with a fine of five billion pounds. This article shall indicate the grounds prescribed fines in the Ministry of culture of the provincial culture Müdürünce.
Penalty, the minutes must be paid within ten days from the date of notification. In ten days the unpaid penalties doubled and payment period longer than ten days, and during that time the unpaid penalties three times. The penalty to be paid for issuance of the duplicated works copies does not eliminate the obligation.
Fines shall be communicated in order to to those concerned. This penalty against within ten days from the date of notification to the competent criminal court can be challenged. On appeal procedures. On appeal the Court's decisions are final. N. tiraz, mandatory review on made in documents that cannot be seen and to be concluded as soon as possible. According to this article the given fines Act No. 6183 public receivables are charged in accordance with the provisions of the law.
Until the end of the following month subscribed amount charged for collection of this Act amended the second paragraph of article 44 is transferred to the special account.
ARTICLE 39.-the following has been added to the additional article 6 of Act No. 5846.
ADDITIONAL article 6.-this law, "Culture and tourism" phrases "culture".
Article 40.-this law enters into force on the date of promulgation.
Article 41.-the provisions of this law, the Council of Ministers.
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