REGULATION ON THE PRINCIPLES AND PROCEDURES REGARDING 
THE PRACTICE OF AFFIXING BANDEROLES  
 
SECTION ONE  
Purpose, Scope, Legal Grounds, Definitions  
Purpose  
ARTICLE 1 – (Amended by: OG -1/11/2010- 27746)  
The purpose of the foregoing Regulation is to lay down the principles and procedures 
regarding the provision and use of banderoles which, in an effort to ensure that the rights of 
authors of works and rightholders are pursued and intellectual rights violat ions are eliminated, 
shall be affixed compulsorily on the copies of musical and cinematographic works and on non-periodical publications, and upon request, on other groups of works that can be easily copied, as well as the principles and procedures regardi ng the inspections, and the use of banderole 
revenues.  
Scope  
ARTICLE 2 -  The foregoing Regulation incorporates provisions on the principles and 
procedures regarding the provision and use of banderoles as part of the compulsory and optional 
practice of affixing banderoles, the establishment and operation of the Commission taske d with 
performing inspections, and the spending of the revenues generated from the sale of banderoles.  
Legal Grounds  
ARTICLE 3 - (Amended by: OG -1/11/2004- 25635)  
This Regulation has been drawn up based on the Law on Intellectual and Artistic Works No. 
5846, Amended Article 81 and Provisional Article 7. 
Definitions  
ARTICLE 4 -  (Amended by: OG -1/11/2010- 27746)  
For the purposes of the foregoing Regulation, the following terms  shall refer to the 
definitions hereby assigned to them:  
a) Ministry: Ministry of Culture and Tourism,  
b) Banderole: A holographic security label or digitally produced security label affixed to the 
reproduced copies of intellectual and artistic works, and on non- periodical publications, which 
contains a security strip that gets torn apart upon removal, causing a loss of quality of the 
material to which it has been affixed , in an effort to prevent unauthorized reproduction and 
imitation of intellectual and artistic works,  
c) (Amended by: OG -13/3/2012- 28232) Directorate General: Directorate General f or 
Copyright,  
ç) The Law: Law on Intellectual and Artistic Works No. 5846 of 5/12/1951, 
d) Non-periodical publication: All kinds of publications, apart from newspapers, magazines, 
unit magazines, yearbooks, almanacs, etc., which contain intellectual and arti stic works, and are 
published without being limited by certain periods . 
 
SECTION TWO  
Using and Providing the Banderoles and Use of Revenues  
Using the Banderoles  
ARTICLE 5 – (Amended by: OG -1/11/2010- 27746)  
It shall be compulsory to affix banderoles on non- periodical publications and reproduced 
copies of musical and cinematographic works which have been duly recorded and registered, 
subsequent to their reproduction and prior to shipping. (Additional clause: O G-14/1/2021-
31364) Banderoles shall be affixed to the publications and copies imported to be marketed 
domestically within thirty days after the customs procedures have been finalized. Devices that 
are not principally designed to carry intellectual and arti stic works and  lack the quality of a 
recordable material  shall not be given banderoles, although they contain one or more of the 
works that fall within the scope of the banderole affixing obligation. 
In cases listed below, use of a banderole shall be optional depending on the request by the 
author of the work or the rightholders. 
a) Publications cons isting of the texts of laws, bylaws, regulations, notifications, circulars 
and court decisions as well as speeches and addresses that have been officially published or 
announced, as referred to in the Law under Articles 31 and 32. 
b) Of the publications to be used for educational and training purposes in educational institutions, any promotional copies containing the remarks “Promotional copy, not for sale” on 
the fron t and back covers as well as certain pages, written in a font size no smaller than fourteen 
points, 
c) (Amended by: OG -13/3/2012- 28232) Publications and copies of work which would only 
be reproduced within the country before they are released abroad, without being made available 
for commercial circulation domestically,  
ç) Catalogues, brochures, user’s manuals and tariffs designed for promotional or 
informational purposes,  
d) Materials which are of a complementary nature to the content, provided alongside the 
copies of cinematographic and musical works and non- periodical publications to which 
banderoles have been affixed,  
e) (Amended by: OG -13/3/2012- 28232) Non-periodical publications designed for pre -
school as well as primary and secondary education, which are shorter than 48 pages in total, 
apart from the cover,  
f) Sample publications or copies of works shipped from abroad for review, on condition that, 
during customs and postal procedures, the relevant units have been assured that the publications 
or copies in question are not meant for commercial circulation,  
g) (Amended by: OG -13/3/2012- 28232) Textbooks made available to students free of 
charge by the Ministry of National Education or Anadolu University for the purposes of the Central Open Education System, on condition that they are marked as "Not for sale",  
ğ) Publications that are currently sold as “used copies”, which were printed before 7/6/1995, 
i.e., the effective date of the provision under the Law upon which the obligation to affix 
banderoles to non- periodi cal publications was introduced,  
For the publications which may be marketed without a banderole in accordance with the 
provisions laid down under the second paragraph hereof, it is mandatory that they contain the remarks “As prescribed in paragraph two under Article 5 of the Regulation on the Principles and Procedures regarding the Practice of Affixing Banderoles, this product is not subject to the obligation to carry a banderole” on their first pages or back covers, written in a font size no 
smaller than f ourteen points. In cases described in subparagraphs (c), (d), (f) and (ğ) under the 
second paragraph hereof, use these remarks shall not be mandatory.  
Where the copies of works and non- periodical publications which are subject to the 
obligation to carry ba nderoles, are distributed free of charge in any manner, it is mandatory, 
when submitting an application to get banderoles, to indicate that they would be used for promotional purposes only. 
In addition, upon the request of the rightholder, banderoles shall  be affixed to the other 
copies of work that are protected under the Law and can be easily copied, provided that they 
have been duly recorded- registered. These banderoles shall be provided by the Directorate 
General or İstanbul Copyright and Cinema Directo rate. 
The banderoles to be obtained as described in Article 6 hereof, shall be affixed in a manner 
that would make it easier to spot during an inspection, depending on the outer shape of the recordable m aterial  where the work is contained.  
Providing the Banderoles  
ARTICLE 6 – (Amended by: OG -1/11/2010- 27746)  
(Amended first paragraph: OG -13/3/2012- 28232) The banderoles to be affixed to the 
copies of cinematographic and musical works shall be provided by İstanbul Copyright and Cinema Directorate, whereas those to be affixed to non- periodical publications shall be provided 
by İstanbul Copyright and Cinema Directorate or the Provincial Directorates of Culture and 
Tourism. 
(Amended second paragraph: OG -13/3/2012- 28232) In addition, bander oles may be sold 
through the agency of collecting societies/federations, at a sale price to be established by the 
Ministry. The banderoles shall be sold at a fixed price while the sum to be charged for the 
banderoles to be supplied to the collecting societ ies/federations shall be established by the 
Ministry. The remaining sum after the banderole price established by the Ministry has been 
deducted from the price charged by the collecting societies/federations for the sale of banderoles shall be used for cove ring the management expenses and strengthening the intellectual property 
system by the  collecting society where the banderoles are sold by the collecting society, and by the federation and its member collecting societies, where the banderoles are sold by t he 
federation. For the banderole applications submitted to the collecting societies/federations 
authorized by the Ministry, the liability  and responsibility to verify the authenticity of the 
submitted documents and storing them shall rest with the relevant  society/federation. The 
Ministry shall have the authority to introduce sub- regulations to lay down the principles and 
procedures regarding the sale of banderoles by the collecting societies/federations.  
(Amended third paragraph: OG -14/1/2021- 31364)  The ba nderoles shall be printed by the 
Ministry. The types and properties of the banderoles shall be determined by the Ministry, and all kinds of banderoles may also be sold by the Directorate General. In a banderole application, the number of requested banderol es may not be smaller or larger than the number of reproduced 
items. When submitting a banderole application, the documents listed below shall be presented, in addition to the banderole request form and letter of guarantee where it is indicated that the applicant is the legitimate rightholder and the requested banderoles would be used for the 
relevant work:  
a) For copies of cinematographic works: bank receipt and recording registration certificate 
statement; for the copies reproduced domestically, a letter fro m the place where the reproduction 
was carried out; for copies reproduced abroad, customs entry documents and invoice. 
b) For copies of musical works: bank receipt and recording registration certificate statement; 
approval from the collecting society operating in the field of musical work authorship; for the 
copies reproduced domestically, a letter from the place where the reproduction was carried out; 
for copies reproduced abroad, customs entry documents and invoice.  
c) For non- periodical publications: contract/ warranty documents regarding the transfer of or 
authorities to exercise economic rights; bank receipt and certificate number statement; for the 
copies reproduced domestically, a letter from the place where the reproduction was carried out; for copies reproduced abroad, customs entry documents. 
ç) For optional banderoles: the documents listed in sub- paragraph (c) and in addition, a 
statement incorporating the date and number of the recording registration certificate. Furthermore, with a view to addressing the problems that may arise in practice, the collecting societies/federations authorized by the Ministry shall be entitled to perform inspections on the copies listed in a banderole application has been submitted 
(Amended fourth paragraph: OG- 14/1/2021- 31364)  The banderole procedures for non-
periodical publications shall apply for the works which are of an artistic, scientific, educational or technical nature, or those consisting of a series of motion images where daily events are fixed, which have been created without employing the styles and methods that are typical to the art of 
cinema.  
(Amended fifth paragraph: OG -14/1/2021- 31364) For the non- periodical publications 
imported from abroad through acquiring the right of distribution as refer red to in the Law under 
Article 23, and for the copies reproduced upon the specific request of the user - on condition that 
the number of copies does not exceed 100 pieces, banderoles may be purchased in bulk. Those who have purchased banderoles in bulk sha ll be required to notify the Ministry as to which 
publications they used these banderoles for.  Further banderole applications submitted by those 
who previously failed to notify the Ministry, shall not be processed.  
(Amended sixth paragraph: OG -13/3/2012- 28232) The banderoles to be affixed to non-
periodical publications shall be provided from the province where the headquarters of the banderole applicants are located or where the copies for which banderoles have been requested 
would be reproduced, or from t he collecting societies/federations authorized by the Ministry. 
(Revoked seventh paragraph: OG -13/3/2012- 28232)  
(Revoked eighth paragraph: OG -14/1/2021- 31364)  
 
Using the Banderoles for Computer Games  
ARTICLE 7 – (Title and text amended by: OG -1/11/2010- 27746)  
(Amended first paragraph: OG -14/1/2021- 31364)  For computer games that may be 
displayed on electronic or mechanic devices or through means of similar nature, which consist of 
a series of motion images with or without sound, regardless of the material  in which they are 
fixed, the banderole procedures for cinematographic works shall apply.  
(Revoked second paragraph: OG -14/1/2021- 31364)   
Article 8 - (Amended by: OG -6/11/2004- 25635)  
Article 8 of the Regulation on the Principles and Procedures Regarding the Practice of 
Affixing Banderoles No. 24577 of 8/11/2001 has been revoked.  
 
SECTION THREE  
Inspection  
Inspection  
ARTICLE 9 – (Amended by: OG -1/11/2010- 27746)  
The Ministry and local representatives of central government may always inspect, whether 
the copies and non- periodical publications on which banderoles should be affixed, bear 
banderoles or not. In order to carry out such inspection the local representatives of central 
government may, ex-officio  or upon the request of the Ministry, form an “inspection commission” 
in provinces when deemed necessary. In cases of violations referred to in the Law under Article 81, law enforcement agencies and the municipal pol ice shall take action ex officio and/or in 
response to a report made by the rightholders, the Commission, collecting societies, the Ministry or parties who have been authorized and commissioned by other laws. For the copies and 
publications that were reproduced and distributed unlawfully and without permission as well as 
all kinds of equipment used in their reproduction and other evidence, the provisions of the Law under Article 81 shall apply. ( Additional clause : OG -14/1/2021- 31364) Where protection 
measur es associated with the offense and the items of offense are required during the inspections, 
the law enforcement officials shall exercise their powers vested in them by the Code of Criminal 
Procedure No.5271 of 4/12/2004 and the Law on the Duties and Discr etion of the Police. 
Where it is established at the end of these inspections, that the rights protected by the Law 
have been infringed, the Public Prosecutor shall perform the necessary procedures for the 
enforcement of an injunction to confiscate the item  of offense, in accordance with the Code of 
Criminal Procedure No.5271 of 4/12/2004. In addition, the Public Prosecutor may, if he/she 
deems necessary, order the cease of the activity associated with the reproduction of the works that have allegedly been r eproduced unlawfully. However, within twenty- four hours, this decision 
shall be submitted to the judge for approval. Any decision that has not been approved by the judge within twenty- four hours shall be deemed null and void. 
It is prohibited to sell even lawfully reproduced copies bearing banderoles which are under 
the protection of the Law, on roads, squares, open air markets, sidewalks, piers, bridges or similar places. Any person who acts against the prohibition shall be punished in accordance with the first paragraph under Article 38 of Law of Misdemeanors No.5326 of 30/3/2005. 
Inspection Commission  
ARTICLE 9/A-  (Inserted by: OG -1/11/2004- 25635)  
The inspection commissions to be established ex- officio  or upon the request of the Ministry, 
in the provisions by the local representatives of central government in accordance with Article 9 
hereof, (Revoked remark: OG -14/1/2021- 31364) (…) shall consist of the law enforcement 
officials and representatives of t he municipal police. Where necessary, representatives from the 
Ministry and the Collecting Societies operating in the relevant fields as well as officials from 
other governmental organizations and agencies may also sit on these commissions.  
(Amended second  paragraph: OG -14/1/2021- 31364)  Inspection commissions shall 
perform inspections ex -officio  or in response to a report, in connection with the obligation to affix 
banderoles. The principal duties of the inspection commission members consist of the procedur es 
and operations associated with the commission. Where necessary, the Governors may form sub-
commissions operating under the inspection commission, within the framework of the same principles. 
(Amended third paragraph: OG -14/1/2021- 31364)  The members and the number of 
members shall be decided by the Governors. In an effort to regulate the management and operations of the inspection commission, the Governor shall assign a representative from the 
Provincial Directorate of Security as the president of the com mission and a representative from 
the Provincial Directorate of Culture and Tourism as the vice president. The clerical work of the 
commissions shall be undertaken by the Provisional Directorates of Security. The president of the Commission shall chair the  commission meetings, formulate the annual inspection and working 
schedule, and assign the persons who would be performing the inspections. The president shall draw up monthly inspection and annual general activity reports and submit them to the Office of 
the Governor and the Ministry. 
(Amended fourth paragraph: OG -14/1/2021- 31364) Where the commission establishes, 
during the inspections, that the provisions regarding the practice of affixing banderoles as laid down by the Law and the foregoing Regulation have been violated, it shall carry out the relevant 
procedures and operations to ensure that the provisions under Article 9 are enforced.  
The expenses associated with the working conditions of the commission and the inspection 
activities it performs shall b e covered by the Ministry. 
Keeping the Banderole Request Form and the Obligation Form              
ARTICLE 9/B – (Amended by: OG -14/1/2021- 31364)  
Places which carry out the reproduction of copies and publications to which the affixing of 
banderoles is compulsory, shall have a liability to affix the banderoles with which they have 
been provided, to the work referred to in the banderole request form and obligation form by 
adhering to the serial range indicated thereof, and to obtain a copy of t he obligation form, keep 
it, and submit it to the competent authorities when requested.  
 
SECTION FOUR 
Other Provisions  
Sanctions  
ARTICLE 10 – (Title and text amended by: OG -1/11/2010- 27746)  
In cases where the liability  to affix banderoles laid down hereof has been violated, the 
provisions in the Law under Article 81 shall be enforced.  
Administrative Fine  
ARTICLE 10/A-  (Inserted: OG - 06/11/2004- 25635) (Revoked by: OG -1/11/2010- 27746)  
 
SECTION FIVE  
Final Provisions  
Revoked Provisions  
Article 11 — Sub- paragraph (ı) under Article 5, Article 9 and amended Article 12 of the 
"Regulation on Marking the Intellectual and Artistic Works” published in the Official Gazette No. 23172 of 16/11/1997, and the "Communiqué on the Practice of Affixing Security Holograms to Non- Periodical Publications" published in the Official Gazette No. 23388 of 30/6/1998 are 
hereby revoked.  
Disposal  
ADDITIONAL ARTICLE 1 – (Inserted by: OG -1/11/2010- 27746) (Amended by: OG -
13/3/2012- 28232)  
Where the banderoles that had been lawfully  obtained were not used or they were misused, 
the disposal of the banderoles in question shall be performed by a commission to be established by the Directorate General, or through a notary office, and an official report shall be drawn up, where the serial  numbers of the disposed banderoles would be clearly indicated. At the end of the 
disposal procedure, the official disposal report that has been accordingly drawn up, shall be submitted to the Directorate General.  
(Additional paragraph: OG -14/1/2021- 31364) The materials seized within the scope of 
banderole offenses shall be disposed of in accordance with the Regulation the Items of Offense published in the Official Gazette No 29662 of 23/3/2016. On the other hand, t he materials seized 
within the scope of banderole offenses where no perpetrators have been identified, shall be disposed of without need for applying the criteria listed in the Regulation of the Items of Offense, 
provided that the provision on getting samples is reserved.  
Stock banderoles  
PROVISIONAL ARTICLE 1 – (Title and text amended by: OG -25/04/2006- 26149)  
For books that were printed before 8/11/2001 and are currently in stock, those who are 
entitled to purchase banderoles in accordance with the foregoing Regulation, may purchase banderoles up until 31/8/2006.  
Those who request banderoles shall be obliged t o submit an obligation form (ANNEX -1) 
where they would indicate the number of copies they have in their stocks, and provide the relevant information and where they would declare that all kinds of legal and criminal responsibility shall rest with them in th e event that the information in question turns out to be 
incomplete or inaccurate.  Banderoles shall be affixed by the rightholders before the non- periodical publications placed 
on the market.  
Provisional Article 2 — By 1/1/2002, the revenues  generated  from  the banderoles shall be 
deposited into a dedicated account to be opened in the name of the Ministry in a national bank.  
The revenues that accumulate in this account shall be used for the purposes of printing and 
distributing banderoles, strengthening the system of intellectual property as well as safeguarding 
and maintaining the cultural assets in the country and abroad. The principles and procedures for spending these revenues shall be laid down upon the Minister’s approval. 
Provisional Article 3 - (Inserted by: OG -06/11/2004- 25635)  
All kinds of vehicles, equipment and materials that belong to the inspection commissions 
that were established in the provinces prior to the date on which the Law on the Amendment of Certain Laws No. 5101 of 12/3/2004 was  issued, and whose services are no longer needed, shall 
be transferred to the Provincial Directorates of Culture and Tourism.  
Provisional Article 4  — (Inserted by: OG -09/09/2005- 25931) (Revoked by: OG -
1/11/2010- 27746)  
Entry into Force  
Article 12 — Article 8 of the foregoing Regulation shall take effect on 1/1/2002 while all 
other provisions hereof shall enter into force upon publication. 
Enforcement  
Article 13 — The provisions hereof shall be enforced by the Minister of Culture Tourism. 
_____________________________ 
(1) The first paragraph under this article shall enter into force on 1/1/2005 as prescribed by 
the Regulation published in the Official Gazette No. 25635 of 6/11/2004.  
 
 
 
ANNEX- 1 
(Inserted by: OG -25/04/2006- 26149)  
BANDEROLE REQUEST FORM AND OBLIGATION FORM FOR NON -
PERIODICAL PUBLICATIONS IN STOCKS  
 
 
 
 
 
Information on the 
non-periodical 
publication Title   
Language   
Published in (Year)   
Rightholder / Translator   
Edition   
ISBN Number (where 
available)   
Material  (where 
available)   
Total Number of Items in 
Stock   
 Title   
First and Last Name 
and Title of the 
Official   
Turkish ID No. (For 
Natural   
Information on the  
Publishing House / 
Natural Person Requesting 
Banderoles  Persons/ Representatives)   
Tax Office   
Tax Number   
Address of Headquarters   
Phone and Fax Number   
Number of Banderoles Requested   
  
TO THE DIRECTORATE OF 
…………………………………………………………………….………   
 
As the author / rightholder, I hereby declare that, in accordance with the amended Article 81 
under the Law on Intellectual and Artistic Works No. 5846, and the “Regulation on the Principles 
and Procedures regarding the Practice of Affixing Banderoles, I will use the banderoles requested for the non- periodical  publications to be placed on the market exclusively for the publication 
referred to hereof, which has been reproduced legally and for which I hold the sales authority; and I also declare that I will accept all kinds of legal and criminal responsibility in  the event that this 
information turns out to be incomplete and inaccurate.  
 
Date: .... / .... /  …. Signature, Name, Stamp (for companies)  
 
  
This part shall be filled out by the relevant Directorate.  
Number of Banderoles 
Provided   
Banderole 
Letter Serial   First Serial 
No  Last 
Serial No   
First & Last Name 
and Signature of the 
Official Providing 
the Banderoles   
 
ANNEX- 2 
(Inserted by: OG -1/11/2010- 27746) 
(Revoked by: OG -14/1/2021- 31364)