Republic of Türkiye

[TR] Copyright Act Amended

IRIS 2001-3:1/24

Hatice Dilek Baytan

European Audiovisual Observatory

On 21 February 2001, the Turkish Parliament adopted 4630 sayili Fikir ve Sanat Eserleri Kanunu (Act no. 4630 on Intellectual and Artistic Works).

The new Act is a result of recent efforts to align existing laws with technological and socio-economic realities as well as to comply with relevant EC directives and international instruments such as TRIPs.

The new Act amends some articles of the Law no. 5846 on Intellectual and Artistic Works, in particular, the right of distribution including rental and lending, the right of communication to the public by any means of transmitting signs, sounds or images, the right of payment pertaining to the authors whose works are broadcast and/or transmitted by broadcasting organisations. The new Act increases the penalties in cases of infringement of related rights and the penalties aiming at preventing piracy, and revises the provisions concerning moral and economic rights for holders of related rights. In addition, it provides retroactive protection for works, performances and phonograms and protection for electronic rights, including fines and penalties. Due to the considerable importance attached by Turkey to Intellectual Property, new specialized courts are established to deal with cases concerning the legal relations governed by this Act.

For the effective implementation of the amendments, regulations on the procedures (e.g. the procedures applicable to the exploitation of works on radio and television broadcasts as stipulated in article 43 and the procedures regarding the works to be compiled for the purposes of protection and maintenance of cultural heritage and the organizations to carry out compilation transactions as stipulated in supplementary article 5) shall be prepared by the Ministry of Culture, the executive body for authors' rights and related rights.