WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/C/2
17 July 2000
(00-2670)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text1 of Law Nº 3257 on Ci nema, Video and Music
Works of Art, as notified by Turkey under Article 63.2 of the Agreement (see documentIP/N/1/TUR/2).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte1 de la Loi n° 3257 sur les œuvres d'art
cinématographiques, vidéographiques et musicales, noti fiée par la Turquie au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/TUR/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto
1 de la Ley Nº 3257 de obras de cine o vídeo y
obras musicales, que Turquía notificó de conformidad con lo dispuesto en el párrafo 2 del artículo 63
del Acuerdo (véase el documento IP/N/1/TUR/2).
                                                     
1 In English only.  The text of this law in the original language is available for consultation by
interested Delegations at the WTO Secretariat./En angl ais seulement.  Les délégations intéressées peuvent
consulter le texte de cette loi, dans sa langue d'origin e, au Secrétariat de l'OMC./En inglés solamente.  Las
delegaciones interesadas podrán consultar en la Secretaría de la OMC el texto de esta ley en su idioma original.IP/N/1/TUR/C/2
Page 2
LAW OF CINEMA VIDEO AND MUSIC WORKS OF ART
Number of Law: 3257Date of Approval: 23/1/1986Publication in Official Gazette: 7.2.1986/19012Law on amendment of some articlesNumber of Law: 3329Date of Approval: 29.1.1987Publication in Official Gazette: 4.2.1987/19362Objective:Article 1:The objective of this law is to realize the educative, instructive, culture spreading andtransmitting, introductory functions of cinema, video and music works of art whichare one of the most important mediums of mass communication due to their closerelation with culture and their prevalence; to provide their improvement from theaspect of production, inspection and display, programming matters and technologyusage; to give support to the people working in the field of Turkish Cinema andmusic art; to contribute order and dimension to cinema and music life from theaspect of national solidarity, integrity and our continuity.Scope:Article 2:This law comprises the incite, creation of the work of art, inspection, display,execution of the products of Turkish Cinema and Turkish music art, which arebranches of industry and art, and the principles and procedure of the protection ofthe copyright, display and execution right, which arise from these process.Definitions:Article 3:The explanations of the phrases used in this law are as follows:a) Work of art: Mobile or audio thought and art productions recorded on film, video,recorders or on their similar ones.b) Inspection: The inspection of the works of art, which are identified in this matter,by the authorities in order to determine whether they contain elements of offense orincite to offense from the aspect of the indivisible integrity of the state with its countryand nation, national sovereignty, republic, national security, public order, generalease, public interest, general ethics and general health and whether they areappropriate to our national culture, customs and traditions.c) Film: Every kind of mobile cinema works and their similar ones that determineworks of art prepared as audio or visual or only visual with commercial purpose andthe introductory, instructive or technical ones or the daily events.d) Video: Every kind of mobile material on which vision with sound or only vision hasbeen recorded with the electromagnetic parts on it.e) Recorder: Every kind of record, cassette or their similar ones on which only soundhas been recorded.f) Banderole: The label which is stuck on the band, cassette and outer package ofthe works that makes the stuck material lose its special feature when removed andwhich the special sign of the person with the enterprise certificate and the serialnumber is on. (ministry banderole and the special sign of the owner of enterprisecertificate is used on the recorder)g) Producer: Real or legal persons producing or importing the works of art.IP/N/1/TUR/C/2
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h) Operator: Person doing the total and retail distribution, buying-selling and hiring of
the works, or managing public cinemas or similar other saloons that provide morethan one people to watch or listen, or broadcasting cable network.i) Ministry: Ministry of Culture and Tourism.Production and Import:Article 4:The real and legal persons that shall do the production and import and collectivedistribution of the works of art are obliged to inform the ministry beforehand.Amateur works related with the question of who can do broadcasting, theirqualifications, the rules to be obeyed and other matters related with this subject, theprinciples that should be followed by the foreign real or legal persons who want tomake films about scientific researches in Turkey, or films with inspection andcommercial purpose or by real or legal persons of Turkish nationality who makeactivities on behalf of these persons and the principles of the co-production, whichshall be made by real and legal persons of Turkish nationality and foreigners, shallbe determined with the regulations prepared by the Ministry.Register and Record:The first paragraph of Article 5 has been amended.Article 5:The register and record of the works of art, which are the subject matter ofproduction and import, shall be done by the Ministry and enterprise certificate shallbe given before they are presented to collective distribution and display. Thiscertificate can be bought by the person who produces the work of art or who hastaken the copy, broadcast and display rights in domestic works of art; by the personwho imports the work of art by taking the production, copy, distribution and displayrights of the works of art from the person they belong to, by a contract, in works of artwith foreign origin.It is obligatory that the banderole of the ministry and the owner of the enterprisecertificate shall be stuck on every copy of the work whose register and record hasbeen done. The special sign of the owner of the enterprise certificate shall be usedtogether with the Ministry banderole in records and audiocassettes. But, the Ministryshall not be responsible from this register and record based on the declaration of theproducer and importer.Inspection:The third and the fourth paragraphs and the last paragraph of Article 6 have beenamended.Article 6:For the register and record of the works of art, an application shall be made to theMinistry with a declaration of which a copy of any size or form is enclosed and thisdeclaration shall be taken as a base in the transactions. The ministry determines theworks of art that seem to be necessary or obligatory to be inspected, transfers themto the inspection committee and forms a sub commission of three persons that shallbe determined with the regulations. The ministry can form more than one subcommissions or inspection committees with regard to the size of the work.The register and record of works of art that do not seem necessary or obligatory tobe inspected and the works of art that have been determined as positive as a resultof the inspection shall be done and enterprise certificate shall be given. Thenecessary amendments shall be made by the producer in the works of art that areIP/N/1/TUR/C/2
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determined to be amended by the committee and enterprise certificate shall be given
with the register and record. The ones that are absolutely inappropriate to bepresented to distribution and display shall be returned after all administrative andjudgment transactions have been completed.The producers can request the Ministry to inspect the scenarios of the production ifthey wish. This inspection shall be made by the sub commissions. The inspectionresults of the works of art and the inspection results of the scenarios shall bedeclared to the related person in maximum 15 days. The inspection result shall beregistered on the enterprise certificate of the works of art. If inspection is notnecessary and obligatory, this matter shall also be registered on the enterprisecertificate.The inspection committee forms from the representatives of the Ministry of NationalEducation Youth and Sports, the General Secretariat of the National Security Counciland the Ministry of Interior under the chairmanship of the representative of theCulture and Tourism Ministry. But, it is obligatory that one representative from thevocation union of Turkish cinema works of art and one from the vocation union ofTurkish music works of art and one artist determined by the Ministry shall takeposition in the inspection committee. The producer of the work of art that is inspectedcan participate in the inspection committee as an observer if he wishes. The numberof sub commissions and inspection committees, the provinces they shall beorganized in, the place they shall assembly at and the working principles andprocedures, the financial rights of the non-officials and other matters shall be statedin the regulation that shall come into force with the resolution of the council of
ministers.Distribution and display:The first paragraph of Article 7 has been amended.Article 7:The persons who make the collective and retail distribution, who sell, rent andpresent to display the works of art containing enterprise certificate for more than oneperson with commercial purpose are obliged to get enterprise license. The enterpriselicenses are given by the municipalities and by the superior local administration chiefat places outside the municipality border.The persons to whom the enterprise license shall be given, the characteristics, rulesto be obeyed and other matters related with this subject and exceptions shall bestated in the regulation prepared by the Ministry.Copyright:Article 6 has been amended.Article 8:The copy, distribution and display rights of the works of art belong to the owner ofthe enterprise certificate. The right of copy ing and responsibility of these works of art
belongs to the person who registers and records them. Every kind of disposal on theworks of art is forbidden unless there is the permission of the owner of the rights.The copy, distribution and display rights can be subject to any kind of perception asbuying, selling and leasing.A work of art that has not been registered and recorded cannot be subject to right ofdisplay, copy and distribution. The transfer of the copyright after the register andrecord does not give the right to make any amendments on the work of art.IP/N/1/TUR/C/2
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When any conflict arises in the matters of copying, distributing and displaying, the
work’s copy at the ministry shall be taken as a base. The provisions of the lawnumbered 5846 on works of thought and art shall be applied on the matters aboutcopyright that have not been mentioned in this law.Authority of the enterprise:Article 9:The ministry and the civil administration chiefs can inspect enterprise certificate andbanderoles of the works of art during their distribution and display and inspect thework of art at any time in order to determine whether there have been anyamendments on it. The works of art without enterprise certificate or banderole or onwhich any amendment has been made shall be collected and transferred to the CAttorney generalships with offense declaration.The civil administration chiefs can prohibit the distribution and display of the works ofart which are probable of causing a social event due to the characteristics of theregion, in the limits of their authorities and duties, on condition that the reason shallbe stated. In case the work of art is found inappropriate to the inseparable integrity ofthe state with its country and nation, to our national sovereignty, Republic, NationalSecurity, Public Order, General Ease, Public Interest, General ethics and generalhealth, customs and traditions at the end of any inspection made by the ministry orthe civil administration chiefs, the work of art shall be prohibited and legal proceedingshall start.Local civil authorities and municipalities have the authority to inspect the banderolesand the enterprise certificates.Fund:The fourth paragraph of the 10
th article has been amended, sub paragraph (d) has
been annexed to its 6th paragraph numbered II and its last paragraph has been
amended.Article 10:“Cinema and music art subvention fund” has been established to the order of theministry with the aim of contributing to the development of cinema industry andmusic art, supporting the cinema and music workers and to provide the introductionof the country. In the fund establishments, implementation of the public accountinglaw numbered 1050, state tender law numbered 2886 and provisions of Audit Courtlaw numbered 832 depend on the inspection of the Fund and Prime Ministry HighControl Board.I- Fund Revenue;*a) 10.000 liras that shall be taken from domestic works of art during the register andrecord, 50.000 liras of register and record charge that shall be taken from foreignworks of art,b) 1000 liras that shall be taken from every domestic film copies, 5000 liras that shallbe taken from every foreign film copies,**c) 200 liras for each banderole from the domestic video copy, 500 liras that shall betaken for each banderole from the foreign video copy,**d) 50 liras that shall be taken from each record, 20 liras that shall be taken fromeach cassettes,e) Donations and aid,f) The interest yield and other incomes of the fund,g) Money that shall be collected according to the provisional 3
rd article.IP/N/1/TUR/C/2
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The council of ministers is authorized to increase or decrease the charges and
quantities in the a, b, c and d sub paragraphs of the paragraph above to five folds.Register and record charge shall not be taken from the works of art produced witheducational purpose.Annex of resolution dated 9/9/1987 and numbered 87/12090RESOLUTIONA- The charge of 50.000 liras that should be taken from the foreign works of artduring register and record according to the (a) sub paragraph has been decreased to10.000 liras for foreign records and their similar ones.B- The banderole charge of 20 liras that should be taken for each cassette accordingto the (d) sub paragraph has been increased to 50 liras.Annex of resolution dated 26/8/1988 and numbered 88/13242RESOLUTIONA- The charge of 200 liras that should be taken from each banderole of domesticvideo copies and the charge of 500 liras that should be taken from each banderole offoreign video copies according to the (c) sub paragraph have been increased to 300and 600 liras respectively.B- The banderole charge of 20 liras that should be taken from each cassetteaccording to the (d) paragraph and that has been determined as 50 liras with thecouncil of ministers resolution dated 9/9/1987 and numbered 87/12090 has beenincreased to 100 liras.II- Fund expenditures;a) Non-profit aids and credits that shall be given for maximum 5 years term by anintermediary state bank.b) Aids that shall be made for needy cinema and music artists.c) Expenditures that shall be made for the introduction of Turkey’s historical, culturaland natural wealth.d) The necessary expenditures for the duties to be realized given to the ministry bythis law.Principles and procedures regarding the use of the fund, collection of the revenue,expenditure that shall be made from the fund, giving credit, interest rate of the creditsshall be stated in the regulation.Penalty Provisions:Article 11:According to this law:a) The persons who do not give the information to the Ministry that must be givenshall be penalized with heavy fine from 1.000.000 to 2.000.000 liras according to the1
st paragraph of the 4th article.
b) The persons who do not obey the obligation to get enterprise license stated in the1
st paragraph of the 7th article shall be penalized with heavy fine from 1.000.000 to
2.000.000 liras.c) The persons who do not obey the prohibition in the 1
st paragraph of the 8th article
shall be penalized with heavy fine from 2.000.000 to 10.000.000 liras.d) As stated in the 1
st paragraph of the 9th article the persons who declare the works
of art in an improper way with its origin although they have an enterprise certificateand the persons who do not obey the prohibition stated in the 2
nd paragraph shall be
penalized with heavy fine from 2.000.000 to 4.000.000 liras even if their acts formanother offense, the persons who have been prosecuted and the ones whoseIP/N/1/TUR/C/2
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offense is fixed shall be penalized with heavy fine from 3.000.000 to 6.000.000 liras
even if their acts form the same offense; the penalty provisions, which can beimplemented in case the situations stated in this paragraph form another offense oroffenses, shall be concealed.Administrative Penalty:Article 12:10.000 liras of fine shall be collected by the municipalities from the works of art orfrom their copies that have no enterprise document or banderole or special sign, withregard to the 9
th article.
Outside the municipalities, these fines shall be given by the superior localadministration chief.These fines shall be collected by the inventory official according to the law provisionsnumbered 6183 on procedure of public receivable collection.An objection can be raised against the administrative penalties to the criminal courtof peace in 15 days from the date of declaration. The objection shall not stop theexecution of the penalty given by the administration.In situations where there is no indispens ability, the objection shall be accomplished
in the shortest time by inspecting the document. The penalties upon the objectionare final.Abolished Provisions:Article 13:The 6
th article of the police duty and authority law dated 4 July 1934 and numbered
2559 has been abolished with the annexes and amendments.Provisional Article 1:The regulations to be passed in this law shall be prepared in three months from thevalidity date of the Law and shall be put into force by the council of ministers.Provisional Article 2:Enterprises are obliged to get license in three months from the issuing of theregulations. Penalty provisions shall not be applied within this period.Provisional Article 3:The works of art still existing in the market with no banderole shall be registered andrecorded on the person presenting the copyright or display right and enterprisecertificate shall be given in six months from the date when the regulations have beenput into force. But these works of art shall be declared to the ministry with adeclaration. 500 liras from every copy of the film, 100 liras for each banderole fromevery video copy, 25 liras from every record and 10 liras from every audio cassetteshall be taken with 2.000 liras of register and record charge from the presentdomestic and foreign works of art provided that these declarations are taken as abase. Penalty provisions shall not be applied within the 6 months period.Provisional Article 4:Every kind of cinema work and their similar ones, which were being inspected andhave been inspected by the Film Inspecting Committees on the date when this lawhas been put into force, and information about them, sources and material (displayand record copy machines) shall be transferred to the Ministry by the Ministry ofInterior in one month from the date when the regulations have been put into force.The former committees continue to perform their duties within this period.Validity:Article 14:IP/N/1/TUR/C/2
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This law shall come into force on the date of issue.
Execution:Article 15:The Council of Ministers execute these provisions of law.5/2/1986
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