LEGAL CASES IN THE LAW ON INTELLECTUAL AND ARTIFICIAL TURKS

                                                    LEGAL CASES

A) Lawsuit to Determine the Author of a Work

The subject of this lawsuit is to determine which of the multiple individuals claiming rights to the work is the true author. Disputes regarding plagiarism do not fall within the scope of this lawsuit. The plaintiff is the person who claims to have created the work. This lawsuit, which constitutes the exercise of a moral right, can be filed by the individuals mentioned in the first paragraph of Article 19 for a period of 70 years after the death of the author. If they do not file the lawsuit, a person who has acquired a financial right may file it if their legitimate interest necessitates it.

b) Persons who can exercise the rights:

Article 19 – The author shall utilize the rights granted to him by the first paragraphs of Articles 14 and 15.

if they have not determined how the powers are to be used or have not informed anyone about this matter

If the deceased did not leave these powers, their exercise after death is entrusted to the executor of the will;

If not designated, then in order to the surviving spouse and children and appointed heirs, the mother –

It belongs to his father and his brothers.

(Amended: 21/2/2001-4630/12 art.) After the death of the author, in the above paragraph

The persons listed herein have the rights granted to the author in the third paragraphs of Articles 14, 15 and 16

They may use it in their own name for seventy years after the death of the author.

The author or those authorized according to the first and second paragraphs, their authority

If they do not use it; whoever acquires a financial right from the author or their successor has a legitimate right

Provided that it can be proven that there is a benefit for the author, the third paragraph of articles 14, 15 and 16 may be applied

He/she can exercise the rights recognized in these articles in his/her own name.

If there are multiple authorized persons and they cannot agree on the matter of intervention, the court,

6 With the Law No. 4630 dated 21/2/2001, the title of this article was "5. Exercise of Rights"

The text has been modified as it appears.The dispute has been resolved through a simplified procedure in a manner most likely to reflect the author's wishes.

He'll handle it.

(Amended: 1/11/1983 – Law No. 2936/2) Article 18 and the paragraphs above

if none of the authorized persons are present or if they are present but do not exercise their authority

or if the periods specified in the second paragraph have expired, the work is important for the culture of the country

If deemed necessary, the Ministry of Culture and Tourism shall act in accordance with the third paragraphs of articles 14, 15, and 16

The copyright holder can exercise the rights granted to the author in their own name.

B) Case for the Determination of Rape

The Turkish Penal Code (FSEK) does not regulate the lawsuit for the determination of rape. If the conditions are met, this lawsuit can be filed according to Article 25 of the Turkish Civil Code (TMK). Those listed in Article 19 of FSEK should also be able to file this lawsuit.

C) Cases for the Prevention (Prohibition) and Removal (Removal) of Rape

I – Case for the termination of rape:

1. In general:

Article 66 – A person whose moral and financial rights have been violated has the right to appeal against the violator.

She can sue to have the rape stopped.

Rape occurs when a representative or employee of a business commits an act while performing their services

If the act was committed by the perpetrator, the business owner can also be sued.

The fault of the rapist or the persons mentioned in the second paragraph is not a requirement.

The court considered the author's moral and financial rights, the extent of the infringement, and whether or not there was fault

whether or not it exists, its severity if it exists, and what the rapist is likely to suffer if the rape is stopped

by assessing the damages and taking the necessary measures to stop the aggression according to the circumstances

decides on its implementation.

(Added: 7/6/1995 – Article 19 of Law No. 4110) The author may also seek the removal of the infringement in the place where he/she resides.

They can file a lawsuit for injunctive relief.

2. In case of violation of moral rights:

Article 67 – A work that has not yet been made public may not be published without the consent or against the wishes of its owner.

If the infringement is made public in violation of the law, a lawsuit for the removal of the infringement can only be filed if it is made public

The lawsuit can be filed if the nature of the work is revealed through the publication of reproduced copies. The same provision applies in cases where the author's name is given to the work against their wishes.

The author's name is not included on the work, or is incorrectly included, or the name that is included is incorrect

The author's statement, mentioned in article 15, is of a nature that could lead to confusion

If, in addition to the lawsuit, the plaintiff has requested the removal of the infringement charge, the infringer must comply with the original or current regulations

The publisher is obliged to include the author's name on any reproduced copies found. The cost is borne by them

The court may request that the verdict be published in a maximum of three newspapers, provided that the newspaper belongs to the rapist.

In the cases listed in articles 32, 33, 34, 35, 36, 39 and 40, the information is incorrect or inadequate

If the source is specified or if no source is cited at all, the provision of the second paragraph shall apply.

If the work has been unfairly altered, the copyright holder may make the following claims:

1. The author of the work, the publication and representation of the modified reproduction of the work, publication

and prohibiting its representation and broadcast on radio, and punishing the offender, whoever violates it, with the penalties of a crime committed

to correct or restore the changes in the reproduced copies

may request. If the change was made during the publication of the work in a newspaper, magazine or on the radio, the work

the owner who published the altered work at the expense of the infringer

all newspaper, magazine and radio administrations were requested to correct the change by announcement

can.

2. (Amended: 7/6/1995 – Article 20 of Law No. 4110) In works of fine art, the author's original work...

that the change was not made by him or that his name was removed from the work or

can request its modification. If restoration to the original state is possible, the removal of the modification is a public offense

or, if it does not substantially impair the interests of the owner, the artist may restore the work to its original state

It can bring.

3. In case of infringement of financial rights:

Article 68 – (Amended: 23/1/2008-5728/137 art.)

The works, performances, phonograms, or productions must be made with the written permission of the rights holders in accordance with this Law

without receiving, operating, reproducing, distributing reproduced copies, representing, or any kind of sign, sound

or those who transmit images to the public using devices that facilitate image transmission, rights holders who have not obtained permission

the price that can be requested if a contract has been concluded or in accordance with the provisions of this Law

They can request up to three times the assessed market value.

If the illegally reproduced copies have not been offered for sale, the copyright holder has the right to keep the reproduced copies

destruction of film, molds and similar materials used for reproduction or production cost price

in exchange for a suitable price that will not exceed the agreed amount, or in the form of a contract

In that case, they can demand three times the amount they would normally request. This applies to unauthorized reproduction

It does not absolve them of legal responsibility.

If unauthorized copies are offered for sale, the rights holder loses possession of the infringer

Regarding the copies found, one can use one of the options in the second paragraph.

The second and third paragraphs may be applied by rights holders other than the author

For this, the copyright holder's written permission for reproduction in accordance with Article 52 of this Law is required. When one of the rights holders makes a request in accordance with the second and third paragraphs..

The provisions of the Code of Criminal Procedure regarding seizure may not be used for purposes other than obtaining evidence

Not applicable.

The person demanding compensation must have entered into a contract with the rapist

He can assert all the rights and powers he may possess in that situation.

II – Case for prevention of rape:

Article 69 – Author whose financial or moral rights are threatened with infringement

She can sue to prevent possible rape. The continuation or repetition of an existing rape

The same rule applies in cases that are deemed likely.

The provisions of the second, third and fourth paragraphs of Article 66 also apply here

It is applied.

D) Compensation Claims

III – Compensation lawsuit:

Article 70 – (Amended first paragraph: 7/6/1995 – 4110/22 art.) Violation of moral rights

The injured party can file a lawsuit for compensation for the emotional distress suffered.

The court may also award another form of moral damages instead of or in addition to this monetary compensation

can rule.

A person whose financial rights have been violated is liable for torts if the perpetrator is at fault

You can claim compensation within the scope of the relevant provisions.

In the cases described in the first and second paragraphs, the victim of the assault has no claim other than compensation

He may also request that the profit obtained be given to him. In this case, the request is made in accordance with Article 68

The price paid is reduced.

2- Parties

Legal action can be initiated by the copyright holder and their heirs, as well as the holder of financial rights and the full licensee. Unless otherwise specified, holders of simple licensees cannot file lawsuits. The lawsuit will be filed against the infringer. If the infringement was committed by a representative or employee of a business while performing their services, the business owner may also be sued.

3- Competent and Authorized Court

Article 6 of the Code of Civil Procedure stipulates that, in addition to the general jurisdiction rule in Article 76 of the Law on Intellectual and Artistic Works, the plaintiff may also file preventive and removal lawsuits in their own court of jurisdiction, even if the lawsuit is filed in the defendant's place of residence.

4- Statute of Limitations

The Turkish Code of Obligations (TBK) has established 2 and 10-year statute of limitations periods. The statute of limitations for debts arising from contracts is also 10 years. Furthermore, the statute of limitations for matters relating to acting without authorization under the Turkish Copyright Law (Fsek) is also 10 years.

The Importance of the Lawyer

It analyzes, using legal criteria, whether a software program, architectural project, musical composition, or visual design is subject to copyright protection. By grounding the element of "uniqueness" in the product presented to the court within the framework of doctrine and judicial decisions, it prevents the case from being dismissed at the outset.

Timestamps, drafts, digital traces, notarized records, or previously made registration/record documents are used to present legally valid evidence of the chain of ownership (belonging) to the court

The firm structures compensation claims precisely within the limits, neither "excessive" nor "insufficient." By calculating triple compensation, considering market license fees and interest commencement dates according to the precedents set by Article 68 of the Turkish Copyright Law, it ensures the highest possible financial return for its client.

By obtaining a preliminary injunction from the court , it quickly ensures the seizure of products used without permission, the blocking of access, or the removal of content from social media/websites ("Notice and Takedown" mechanism).