COPYRIGHT
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Definition
: Creative activity of human, which is called
Fikri Mülkiyet Haklari in Turkish and Intellectual Property
in English, consist of two main concepts. One of them is industrial
proprietorship and the other one is intellectual proprietorship
(copyright). Copyrights are under protection of Protection of
Intellectual Properties and Works of Art Law with the number 5846.
According to this law, intellectual property rights are gathered
under the title “Opus”. Any creative activity must
“ Be an intellectual work or work of art like; science,
literature, music, fine arts or cinema that is special to its
owner” (Article 1/b) to be considered as an “Opus”.
Although computer softwares are not “opus” they also
under protection of this law..
Mentioned law has determined all
opuses and in according to this all kinds of musical works with
or without lyrics, works of fine arts (statues, paintings, relieves
etc.), works of cinema, all kinds of scientific and literary works,
anthological works and processing works that are consist of other
previous works (encyclopedias, anthologies etc.), architectural
works, data bases are under protection of this law.
Mentioned law describes the owner
of the opus and the rights of the owner of the opus in details.
The rights of the owner of the opus are divided into two main
groups. One is the moral rights and the other is financial rights.
Moral right are for an indefinite period of time and can not be
renounced and there is nothing to do about legal disposals with
moral rights. On the other hand the owner of the opus has the
opportunity to have legal disposals (license etc.) under financial
rights. The protection period of an opus is lifetime of the owner
plus 70 years. After the owner of the opus is dead the copyrights
(financial rights) are transferred to his/her inheritors.
Protection of Intellectual Properties
and Works of Art Law with the number 5846, gives some legal rights
like; right to sue for indemnity to the owner of the opus. Punishments
applied are so serious and cannot be turned into fine.
In Turkish laws no institution
like Turkish Patent Institute is described to register opuses.
When an opus is presented to public and became widespread its
protection also starts. Proving of that the opus has the needed
qualifications to be considered an opus and proving of its belonging
to its respected owner is enough. Especially for computer softwares
protection code number is given. That is not a registration in
fact but necessary to prove of ownership of the opus.
Our
services regarding copyright are :
-Consultancy
-Taking protection code number
-Legal attempts in case of reproduction
and similarity causing confusion