Copyright of the Author According to the Law on Intellectual and Artistic Works
Everyone has certain rights over the works they create. These rights are divided into two categories: financial rights and moral rights.
FINANCIAL RIGHTS:
- Processing rights
- Reproduction rights
- Right of distribution
- Sign rights
- The right to public transmission by means of sound/image transmission devices
PROCESSING RIGHTS
The right to adapt a work is exclusively granted to the author. Permission from the author is also required for others to adapt it. In the latter case, a transfer of ownership occurs, and for this transfer to take place, the resulting work must be made available to the public and generate economic benefit.
The aforementioned transfer is invalid unless it is done in writing.
There are also exceptional cases where permission is not required for the person making the adaptation. Firstly, a person applying the requirements of a legal rule is not obliged to obtain permission from the author. Secondly, permission is not required for compiling previously published works for educational purposes.
REPRODUCTION RIGHTS
The right to reproduce a work generally belongs to the author. Similarly, the author can grant permission for others to reproduce the work through a written transfer of ownership.
In some cases, however, this permission is not required:
-Photographs may be reproduced and distributed in any way by official authorities or others at their order, without the owner's consent, for reasons of public safety or legal purposes.
-Officially published laws, regulations, etc., can also be freely reproduced.
-The reproduction of statements made in assemblies, congresses, courts, etc., for news purposes is permitted.
-It is also permitted to reproduce and use it individually without profit motive.
-Finally, reproduction of any part of the work is permitted, provided it does not exceed the purpose of providing information.
DISTRIBUTION RIGHT
While this right still belongs to the author, it can be transferred to another person provided it is in writing.
No permission is required for the dissemination of laws, regulations, etc. The dissemination (reading, broadcasting on radio, etc.) of statements made in assemblies, congresses, courts, etc., is also permitted.
RIGHT OF REPRESENTATION
Representation refers to the direct or indirect use (through the means of transmission) of what is intended to be conveyed.
Furthermore, the representation of speeches and addresses in parliaments, courts, and congresses, the non-profit use of publicly displayed works of fine art in conferences, etc., their use for educational purposes, the representation of intellectual and artistic works placed in public places, and their use for news purposes are all permitted.
THE RIGHT OF PUBLIC TRANSMISSION BY MEANS USED FOR THE TRANSMISSION OF SIGNALS, SOUNDS, AND IMAGES
The transmission and retransmission of a work by means of means such as radio/television, satellite or cable, or digital transmission, also belongs to the author. Distribution and presentation to the public by means of transmission does not infringe the rights of the author.
MORAL RIGHTS:
Here, the author has rights stemming from their personal identity.
There are a limited number of moral rights. In other words, anything not explicitly stated in the law does not fall under the category of moral rights.
Moral rights, unlike material rights, cannot be transferred. Only the author himself can benefit from these rights. After his death, his surviving spouse and children, designated heirs, parents, and siblings may use them in that order. However, these individuals can also benefit from these rights for seventy years.
Copyright is protected for the author's lifetime and for seventy years after their death. If there is more than one author, the seventy-year period begins after the death of the last surviving author.
If the authors are deceased, or if the legally prescribed periods have expired, and the work is significant to the country's culture, the Ministry of Culture and Tourism may exercise the rights granted to the author on its own behalf.
To possess moral rights, the creator does not need registration or similar procedures. Simply having created the work grants the creator these rights. While registration is not mandatory, it can be granted to anyone upon request and fulfillment of certain conditions.
The moral rights listed in the law are as follows:
- The authority to present the work to the public
The right to make a work available to the public is granted to the author and, with their permission, to others. Once made available to the public, it cannot be revoked.
The author has the right to decide whether or not to make the work public, to determine its scope and format, and to provide information about the content of any work not made public.
Individuals who learn about a work that has not been made public from anyone other than the owner are obligated to keep this information confidential. Failure to do so will result in criminal liability.
- Authority to mention the name
This is a right related to the author's name, not the work itself. The author has the right to be recognized as the author. Even before the work is made public, the author can assert this right against those who infringe upon it.
- The authority to prevent alterations to the work
A work forms a whole with all its parts, therefore the author has the right to prevent any changes. Abbreviations, additions, deletions, etc., cannot be made to the title of the work.
- The rights of the author against the possessor and owner (the right to access the original work)
It is a right that allows authors to access their older works. This shows that the connection between the work and its author has not been broken.
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