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Copyrights

The Copyright Law No. 5846 of 1951 amended by Law No. 5101 on 3 December 2004 is the main legislation concerning copyright protection in Turkey. The administrative procedure for copyright formalities is implemented by the Ministry of Culture and Tourism, specifically by the General Directorate of Copyright and Cinematography. However, copyright enforcement is effected by the judicial authorities.

 

In order the protection to be effective, the work of art should be original and include personal efforts, innovation and new arrangement and the work enjoying copyright protection should bear the characteristics and particulars of its author.

 

The copyright protection in Turkey supplies economic and moral rights to the owners. Economic rights give the author the right to reproduce, adapt, communicate, distribute, broadcast or otherwise dispose of the work. Moral rights allow the author to represent the work to the public, give a name to the work, put his or her name on the work and prohibit modification of the work.

 

 

Scientific and Literature Works

In accordance with clause 2 of Law No. 5846 on Intellectual and Artistic Works;

1- Art works stated through language and writing in any manner and, computer software stated in any manner and, preparation designs thereof provided that they lead to a software at next stage; 

2- Any dances, written choreographic works, pantomimes and similar tacit stage works.

3- Photographic works in any technical and scientific nature not bearing an aesthetic quality, any maps, plans, projects, layouts, drawings, models etc. related to geography and topography, any architectural and urban designs and projects, architectural models, industrial, environmental and stage designs and projects,

 

are assessed within scientific and literature works.

 

Including ideas and principles forming the basis of interface thereof, any ideas and principles generating the basis of any element of a computer software shall not be deemed as a work of art. 

 

 

Documents Needed to Apply for Entry-Registration in Turkey

           

1) Application Form for Scientific and Literature Works Entry-Registration, completely filled out and all pages signed by applicant


2) Letter of Commitment stating that according to the regulation, the applicant is the owner of applied Works of art and in the event of any proof contrary to this, applicant undertakes to face any and all legal and penal liabilities  

3) Two digital copies (such as DVD, VCD, Audio CD and CD Rom) of the work of art, one or more digital photos taken in minimum values within DVD media of work of art, illustrating entire characteristics of applied work without causing any demur shall be submitted.

 

4) Power of Attorney granted to our Company,

File Format                   : Tagged Image File Format (.tiff)

Resolution                   : minimum 600 dpi

 

Fine Art Works

 

In accordance with article 4 of Law No. 5846 on Intellectual and Fine Art Works;

 
1. Oil paint and watercolor paintings; any drawings, patterns, pastels, gravures, calligraphy, ornaments, curettage, carved designs, inlay or similar works drawn and fixed via mines, stones, wood or other materials and, serigraphy, 


2. Sculptures, relieves and engravings, 

 


3. Architectural works,


4. Handwork, small art works, miniatures and decorative art works as well as textile and fashion designs,


5. Photographic works and slides,


6. Graphical works,


7. Caricature works,


8. Any typings, 
bearing an aesthetic value,


Usage of layouts, drawings, models, designs and similar works as industrial models and figures do not impact being in the quality of intellectual and art works.

 

 

Documents Needed to Apply for Entry-Registration in Turkey

 

1) Application Form for Fine Art Works Entry-Registration, completely filled out and all pages signed by applicant,

 

2) Letter of Commitment stating that according to the regulation, the applicant is the owner of applied Works of art and in the event of any proof contrary to this, applicant undertakes to face any and all legal and penal liabilities,

3) Two digital copies (such as DVD, VCD, Audio CD and CD Rom) of the work of art, one or more digital photos taken in minimum values within DVD media of work of art, illustrating entire characteristics of applied work without causing any demur

4) Power of Attorney granted to our Company,

 

shall be submitted.
 

 

File Format                   : Tagged Image File Format (.tiff) 
Resolution                    : minimum 600 Dpi

 

 

Musical Works

 

Any sort of verbal and non-verbal compositions are musical works. 

The owner of the work other than productions having musical works may optionally carry out entry-registration.

 

The productions having musical work shall be subject to obligatory entry-registration and, phonogram producers who realize initial detection of sounds shall execute said process. 

 

 

Documents Needed to Apply for Entry-Registration in Turkey

 

1) Application Form for Musical Works Entry-Registration, completely filled out and all pages signed by applicant,

 

2) Letter of Commitment stating that according to the regulation, the applicant is the owner of applied Works of art and in the event of any proof contrary to this, applicant undertakes to face any and all legal and penal liabilities, 

3) Two digital copies (such as DVD, VCD, Audio CD and CD Rom) of the work of art,

 

4) Power of attorney granted to our Company

 

 

Registration of Computer Software and Database

The final status of a group code written in compliance with any programming language rules and transformed into machine language is called computer software. All computers function via software. For instance Windows is an operating system while ETA is a bookkeeping software and AutoCAD is a drawing software. Any software has its own rules, codes and parameters. Software facilitates our lives.

 

Today, information production has boosted in all fields. Systematic and rapid access to in-computer saved data, updating, handling and remote access opportunities are available thanks to database software.  

 

Database systems are the operating parts of computer systems used within a wide range of areas from banking to telecommunication, from army forces to universities and from municipalities to conglomerates. 

 

Computer software and databases are the brains of data systems and, smooth our lives as well as business when efficiently utilized. 

 

For protection of softwares, which are being developed under extensive efforts and investments, the certificate of registration obtained from ministry of Culture and Tourism has great importance

 

 

Required Documents

1) Notarized Power of Attorney: Shall be notarized by signator(y)ies.

2) Letter of Commitment: Shall be executed by owner of work. No notarization required.

3) Copy of Artwork:

 

 

  • For Computer Software;

Below listed information shall be submitted in duplicate within “text” format and in “Unicode” characters (such as DVD or CD-ROM)
 

A) With regard to computer software that are not trade secrets, whether it is publicly available or not, a reproduced copy containing entire determinant characteristics of said software (initial twenty five and final twenty five pages of source code; all pages, if lower than fifty), together with special mark, if any, by being visible without a further tool,     
     

 

B) With regard to computer software that contain a trade secret, source code by initial and final twenty-five pages source code blocked, or initial and final ten pages without any block, or, initial and final twenty five pages of object code and any consecutive ten or more pages of source code, or, for software less than fifty pages, entire source code by trade secrets being blocked,
 

 

C) With reference to reengineered computer software, in case amendments are placed in first and last twenty pages, any one of the options listed below at paragraph 2; if not, twenty pages of the source code containing amendments by being not blocked, or, fifty pages containing the amendments by not  being blocked.

 

  • For databases;

2 reproduced digital copies (such as DVD, CD-Rom) of below information shall be submitted in “XML” format in duplicate.
 

A) With regard to single file databases (data records on single subject), the first and last twenty five pages, if not available, the first and last twenty five data records,

 

B) With regard to multiple file databases (separate and different data records), fifty data records from each or entire files, whichever is less; if not available, fifty pages or entire data records,

 

C) With regard to reengineered databases (single or multiple file), fifty pages and records illustrating arrangements, or, if less than fifty pages, entire sections arranged, all sections and password definition for encoded databases.

 

  • Assignment

In case any entry registration application for computer software and databases are filed and a relevant protection request is put forth, other persons or organizations may benefit from said material rights. For this purpose utility and assignment action takes place. 
 

Therefore, by assignment entry application, other persons and organizations being agreed shall have the right to use those software and databases.

Please find below the necessary documents for application to register utility and assignment authorities on said material rights: 

 

1) Online application form about assignment available on our website to be filled out,


2) Letter of Commitment; Hardcopy shall be printed and required blanks shall be filled out and signed.


3) In case parties or one of those are real person, a copy of identity card; in case of a legal person, copy of trade registration certificate,


4) Circular of signature for signatory,


5) Software extract digitally saved within a media such as DVD, VCD, Audio CD, CD Rom (in the event of a registered and entered art work or production, no sample submit related to said art work or production is essential).


6) Power of Attorney; shall be printed out and notarized.

Upon online application for assignment entry through our website, necessary documents should be forwarded to us.