LAW  ON INTELLECTUAL  AND  ARTISTIC  WORKS  
 
      Prof. Dr. Gül Okutan Nilsson   
Prof.  Dr. Feyzan Hayal  Şehirali  Çelik1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PART  ONE  ................................ ................................ ................................ ...........................  5 
INTELLECTUAL  AND ARTISTIC WORKS  ................................ ................................ . 5 
A. PURPOSE  ................................ ................................ ................................ ................................ ................................ ..... 5 
Scope  ................................ ................................ ................................ ................................ ......................  5 
Definitions  ................................ ................................ ................................ ................................ ..............  5 
B. TYPES  OF INTELLECTUAL AND  ARTISTIC  WORKS  ................................ ................................ .........................  6 
I. Literary  and Scientific Works  ................................ ................................ ................................ .............  6 
II. Musical  Works  ................................ ................................ ................................ ................................ .. 6 
III. Works  of Fine Arts ................................ ................................ ................................ ...........................  6 
IV. Cinematographic  Works  ................................ ................................ ................................ ...................  7 
C. ADAPTATIONS  AND  COLLECTIONS  ................................ ................................ ................................ .....................  7 
D. WORKS MADE PUBLIC  AND PUBLISHED WORKS  ................................ ................................ ..........................  8 
PART  TWO ................................ ................................ ................................ ..........................  8 
THE AUTHOR  ................................ ................................ ................................ ....................  8 
A. DEFINITION  ................................ ................................ ................................ ................................ ................................  8 
I. In General  ................................ ................................ ................................ ................................ ............  8 
II. Multiple  Authors  ................................ ................................ ................................ ................................  8 
III. Union  of Authors  ................................ ................................ ................................ ..............................  9 
B. PRESUMPTION  OF AUTHORSHIP  ................................ ................................ ................................ ...........................  9 
I. Works  on Which  the Name  of the Author is  Given  ................................ ................................ ............  9 
II. Works  on Which  the Name  of the Author is  Not Given  ................................ ................................ .... 9 
PART  THREE  ................................ ................................ ................................ ...................  10 
INTELLECTUAL  RIGHTS  ................................ ................................ .............................  10 
A. RIGHTS  OF THE  AUTHOR  ................................ ................................ ................................ ................................ ...... 10 
I. In General  ................................ ................................ ................................ ................................ ..........  10 
II. Moral  Rights  ................................ ................................ ................................ ................................ .... 10 
(1) Authority  to Disclose the  Work  to the Public  ................................ ................................ ...... 10 
1 Parts  I – III of the Law have  been  translated  by Prof. Dr. Gül Okutan  Nilsson  (İstanbul  Bilgi  University  
Faculty  of Law,  Parts  IV to VI have  been  translated  by Prof. Dr. Feyzan  Hayal  Şehirali  Çelik  (Ankara  
University  Faculty  of Political  Sciences).  All rights  of the authors  are reserved.  Law  No. 
amended  
by: 5846  
by: of 5.12.1951;  
 
Law No.  2936  of 1.11.1983;  
 Law No.  4110  of 7.6.1995;  
 Law No.  4630  of 21.2.2001;  
 Law No.  5101  of 3.3.2004;  
 Law No.  5217  of 14.7.2004;  
 Law No.  5571  of 28.12.2006;  
 Law No.  5728  of 23.01.2008;  
 Law No.  6279  of 29.02.2012;  
 Law No.  6552  of 10.09.2014;  
 Law No. 6769  of 10.1. 2017 ; 
 Law No.  7346  of 25.12. 2021  
     2  (2) The Authority  to Designate  the Name  ................................ ................................ .................  11 
(3) Prohibition  of Modification  ................................ ................................ ................................ . 11 
(4) Rights  of the Author  against  Persons  Who Own  or Possess  a Work ................................ .... 11 
III. Exercise  of Rights  ................................ ................................ ................................ ...........................  12 
(a) In General  ................................ ................................ ................................ ............................  12 
(b) Persons  Entitled  to Exercise  Rights  ................................ ................................ .....................  12 
IV. Economic  Rights  ................................ ................................ ................................ ............................  13 
(1) In General  ................................ ................................ ................................ ............................  13 
(2) Types  ................................ ................................ ................................ ................................ ... 13 
(a) Right of  Adaptation  ................................ ................................ ................................ ....................  13 
(b) Right  of Reproduction  ................................ ................................ ................................ ................  13 
(c) Right  of Distribution  ................................ ................................ ................................ ...................  14 
(d) Right  of Performance  ................................ ................................ ................................ .................  14 
(e) Right to  Communicate  a Work  to Public by Devices  Enabling  the Transmission  of Signs,  
Sounds  and/or  Images.  ................................ ................................ ................................ .....................  14 
(3) Terms  ................................ ................................ ................................ ................................ ... 15 
(a) In General  ................................ ................................ ................................ ................................ ... 15 
(b) Duration  of Term  of Protection  ................................ ................................ ................................ .. 15 
(c) Term  of Protection  for Translation  Into Turkish  ................................ ................................ .........  16 
(d) Term  of Protection  for Handicraft,  Minor  Works  of Art, Photographic  and Cinematographic  
Works  ................................ ................................ ................................ ................................ ...............  16 
B. LIMITATIONS  ................................ ................................ ................................ ................................ ............................  16 
I. Due to Public  Order  ................................ ................................ ................................ ...........................  16 
II. Due to Public  Interest  ................................ ................................ ................................ .......................  16 
(1) Legislation  and Court  Decisions  ................................ ................................ ..........................  16 
(2) Speeches  ................................ ................................ ................................ ..............................  16 
(3) Freedom  to Perform  ................................ ................................ ................................ .............  17 
(4) Selected  and Collected  Works  for Educational  and Instructional  Purposes  .........................  17 
(5) Freedom  of Quotation  ................................ ................................ ................................ ..........  17 
(6) Contents  of Newspapers  ................................ ................................ ................................ ...... 18 
(7) News  ................................ ................................ ................................ ................................ .... 18 
III. Due to the Interest  of Individuals  ................................ ................................ ................................ .... 18 
(1) Personal  Use ................................ ................................ ................................ ........................  18 
(2) Right  of Composers  ................................ ................................ ................................ .............  19 
(3) Reproduction  and Exhibition  ................................ ................................ ...............................  19 
(4) Principles  Concerning  the Use in and/or  Communic ation  in Public  Premises  of Works,  
Performances,  Phonograms,  Productions  and Broadcasts  ................................ .........................  20 
IV. Authorities  Granted  to the Government  ................................ ................................ .........................  22 
(1) Creation  of Collecting  Societies  ................................ ................................ ..........................  22 
(2) Duties  of the Collecting  Societies  and Principles  concerning  the Determination  of 
Tariffs  ................................ ................................ ................................ ................................ ........  23 
(3) The Supervision  of Collecting  Societies  ................................ ................................ ..............  24 
(4) Principles  on the Broadcasting  and/or  Transmission  of Works,  Performances,  
Phonograms  and Productions  ................................ ................................ ................................ .... 25 
(5) Marking  of Intellectual  and Artistic  Works  ................................ ................................ .........  26 
(6) Payment  of a Share  of Sale Proceeds  of Works  of Fine Arts ................................ ...............  27 
(7) Right  of Use by the State  ................................ ................................ ................................ ..... 28 
(8) Expropriation  ................................ ................................ ................................ .......................  28 
PART  FOUR  ................................ ................................ ................................ ......................  28 
CONTRACTS  AND  DISPOSALS  ................................ ................................ ..................  28 
A. DISPOSALS  INTER  VIVOS  ................................ ................................ ................................ ................................ ... 28 
I. Original  Acquisition  ................................ ................................ ................................ ..........................  28 
II. Derivative  Acquisition  ................................ ................................ ................................ .....................  29 
III. Contracts  ................................ ................................ ................................ ................................ .........  29 
(1) Future  Works  ................................ ................................ ................................ ......................  29 
(2) Prospective  Possibilities  of Exploitation  ................................ ................................ ..............  29 
IV. Form  ................................ ................................ ................................ ................................ ...............  30 
V. Warranty  ................................ ................................ ................................ ................................ ..........  30 3  (1) Non-Existence  of Right  ................................ ................................ ................................ ....... 30 
(2) Lack  of Authority  ................................ ................................ ................................ ................  30 
VI. Rules  of Interpretation  ................................ ................................ ................................ ...................  30 
(1) Scope  ................................ ................................ ................................ ................................ .. 30 
(2) License  ................................ ................................ ................................ ................................ . 30 
(3) Transfer of  Ownership  ................................ ................................ ................................ .........  30 
VII. Right  of Rescission  ................................ ................................ ................................ .......................  31 
VIII. Reversion  of the Right  to the Author  ................................ ................................ ...........................  31 
B. RENUNCIATION  ................................ ................................ ................................ ................................ .......................  31 
C. ATTACHMENT  AND  PLEDGE  ................................ ................................ ................................ ................................  32 
I. Not Permitted  Subject  Matters  ................................ ................................ ................................ ..........  32 
II. Permitted Subject  Matters  ................................ ................................ ................................ ................  32 
Ç. INHERITANCE  ................................ ................................ ................................ ................................ ......................  ..33 
I. In General  ................................ ................................ ................................ ................................ ..........  33 
II. Death  of One of  the Joint  Authors  of a Work  ................................ ................................ ..................  33 
III. Multiple  Heirs  ................................ ................................ ................................ ................................ . 33 
PART  FIVE  ................................ ................................ ................................ ........................  33 
CIVIL  AND CRIMINAL ACTIONS  ................................ ................................ ...............  33 
A. CIVIL  ACTIONS ................................ ................................ ................................ ................................ ........................  33 
I. Action for Cessation  of Infringement  ................................ ................................ ................................  33 
(1) In General  ................................ ................................ ................................ ............................  33 
(2) In Case of  Infringement  of Moral Rights  ................................ ................................ .............  34 
(3) In Case of  Infringement  of Economic  Rights  ................................ ................................ ...... 35 
II. Action for Prevention  of Infringement  ................................ ................................ .............................  35 
III. Action  for Damages  ................................ ................................ ................................ ........................  35 
B. CRIMINAL  ACTIONS  ................................ ................................ ................................ ................................ ...............  36 
I. Offenses  ................................ ................................ ................................ ................................ ............  36 
(1) Infringement  of Moral  Rights  ................................ .........  …………………… .……… .……36  
(2) Infringement  of Economic  Rights  ................................  …………………… .…………….36  
(3) Other  Offenses  ................................ ................................ ................................ ............  36 
II. Offender  ................................ ................................ ................................ ................................ ...........  37 
Ill. Prosecution and  Recidivism  ................................ ................................ ................................ .........  37 
C. MISCELLANEOUS  PROVISIONS  ................................ ................................ ................................ ...........................  37 
I. Jurisdiction  and Evidence  ................................ .............................  ………………………………… ..37 
II. Precautionary  Measures  and Provisional  Seizure  at the Customs  …………… ………….. …… .….38  
III. Publication  of the Judgment  ................................ ................................ ................................ ...........  38 
IV. Seizure, Confiscation  and Destruction  ................................ ................................ ...........................  38 
PART  SIX ................................ ................................ ................................ ...........................  39 
MISCELLANEOUS  PROVISIONS  ................................ ................................ ................  39 
A. RELATED  RIGHTS AND  PREVENTION  OF INFRINGEMENT  ................................ ................................ ..........  39 
I. Related Rights  ................................ ................................ ................................ ................................ ... 39 
II. Prevention  of Infringement  of Rights  ................................ ..........  …………………………… .…….42  
III. Scope  and Term  of Related  Rights  ................................ ................................ ................................ . 42 
B. UNFAIR  COMPETITION  ................................ ................................ ................................ ................................ ..........  44 
I. Titles  and Distinctive Signs  ................................ ................................ ................................ ...............  44 
II. Sign,  Image and  Sound  ................................ ................................ ................................ ....................  44 
III. Letters  ................................ ................................ ........................  …………………………… .…….45  
D. PICTURES  AND  PORTRAITS  ................................ ................................ ................................ ..............................  45 
I. In General  ................................ ................................ .....................  ……………….……………… .…45  
II. Exceptions  ................................ ................................ ................................ ................................ ........  46 
E. CONFLICT OF  LAWS  ................................ ................................ ................................ ................................ ...........  .46 4  F. PROVISIONAL  ARTICLES  ................................ ................................ ................................ ................................ ....... 49 
I. Transitional  Provisions  ................................ ................................ ................................ ......................  49 
(1) In General  ................................ ................................ ................................ ............................  49 
(2) Protection  of Acquired  Rights  ................................ ................................ .............................  50 
II. Revoked Provisions  ................................ ................................ ................................ .........................  52 
G. FINAL  PROVISIONS ................................ ................................ ................................ ................................ .................  52 
I. Entry  into Force  ................................ ................................ ................................ ................................ . 52 
II. Authority  Entrusted  With  the Implementation  of this Law ................................ ..............................  52 5  PART ONE  
INTELLECTUAL  AND  ARTISTIC  WORKS  
 
A. PURPOSE  
 
Art. 1 . (Amendment: 21.2.2001 - 4630/1) The purpose of this Law is to establish and  
protect the moral and economic rights, on their products, of authors who create intellectual  
and artistic works, performers who perform or interpret such works, phonogram producers  
that make the first fixation of sounds, producers that make the first fixation of films, and  
radio -television organizations; to regulate the conditions of exploitation of such products  
and to determine  the sanctions  for exploitation  in breach of  such rules  and procedures.  
 
Scope  
 
Art. 1/A. (Addition: 21.2.2001 - 4630/2) This Law covers the moral and economic rights,  
on their products, of authors who create intellectual a nd artistic works and performers who  
perform or interpret such works, phonogram producers that make the first fixation of  
sounds, producers that make the first fixation of films and radio -television organizations,  
the rules and procedures regarding transac tions on such rights, ways of legal recourse and  
sanctions,  together  with the duties,  authorities  and responsibilities  of the Ministry  of 
Culture.  
 
 
Definitions  
 
Art. 1/B (Addition:  21.2.2001  - 4630/2)  The following  terms  have  the following  
meanings:  
 
a) Work:  Any intellectual  or artistic  product  bearing the characteristic of its  author,  
which is deemed a scientific and literary or musical work or work of fine arts or  
cinematographic work.  
b) (Amendment:  3.3.2004  - 5101/28)  Author:  The person  creating  the work.  
c) Adaptation: Intellectual and artistic product bearing the characteristic of the adaptor,  
which is created by benefiting from another work but which is not independent of such  
work.  
d) Collection: Works such as encyclopedias and anthologies whose content  consists of  
selection and arrangements, which are the results of intellectual creativity,  provided  
that the rights on the original work are  reserved.  
e) Fixation:  The act  of recording  sounds  or representation  of sounds  or sounds  and 
images  in an  apprehensible,  reproducible  and transmittable manner.  
f) Phonogram:  The physical  medium  that carries  sounds  in which  sounds  of a 
performance or other sounds or representations of sounds are fixed, excluding fixation  
of sounds  that are comprised  in audiovisual  works  such as cinematographic works.  6  g) Computer  program:  A set of computer  instructions  arranged  in a way that will make  
a computer  system  carry  out a special  process  or task and the preparatory  work  that 
will lead to the  creation and development  of such set of instructions.  
h) Interface: The parts of a program that form the interaction and connection between the  
hardware  and software  elements of a  computer.  
i) Interoperability: The ability of computer program parts to jointly function, to in teract  
and to mutually  use the exchanged information.  
j) Related rights: The rights that belong to holders of neighbouring rights and film  
producers that make the first fixation of films, provided that the moral and economic  
rights  of the  author are  not preju diced.  
k) Neighbouring rights: The rights that belong to performers who interpret, introduce,  
recite, sing, play and perform a work in various ways and in an original form with the  
permission of the author, phonogram producers that make the first fixations of  sounds  
that are the result of a performance or other sounds and radio -television organizations,  
provided  that the moral  and economic  rights of  the author are  not prejudiced.  
l) (Amendment:  3.3.2004  - 5101/9)  Ministry:  The Ministry  of Culture  and Tourism.  
 
B. TYPES  OF INTELLECTUAL  AND  ARTISTIC  WORKS  
 
I. Literary  and Scientific  Works  
 
Art. 2. The following  are literary  and scientific  works:  
 
1. (Amendment: 7.6.1995 - 4110/1) Works that are expressed by language and writing  
in any form, and computer programs expressed in any form together with their  
preparatory designs, provided that the same leads to a computer program at the next  
stage.  
2. (Amendment:  1.11.1983  – 2936/1)  All kinds  of dances,  written  choreographic  
works,  pantomime  and similar  theatrical works  without dialogue;  
3. (Amendment: 7.6.1995 - 4110/1) All kinds of technical and scientific photographic  
works,  all kinds  of maps,  plans,  projects,  sketches,  drawings,  geographical  or 
topographical  models  and similar  works,  all kinds  of architectural  and urban  
designs and projects, architectural models, industrial, environmental and theatrical  
designs  and projects, lacking  in aesthetic quality.  
 
(Addition:  7.6.1995  - 4110/1)  Ideas  and principles  on which  any element  of a computer  
program  is based,  including  those  on which  its interfaces  are based,  are not deemed works.  
 
II. Musical  Works  
 
Art. 3. Musical  works  are all types  of musical  compositions,  with or without  lyrics.  
 
III. Works  of Fine  Arts  
 
Art. 4. (Amendment:  7.6.1995  - 4110/2)  Works  of fine arts are the following  works,  which  
have  aesthetic value:  7  1. Oil paintings  or water  colors,  all types  of drawings,  patterns,  pastels,  
engravings, artistic scripts and gildings, works drawn or fixed on metal, stone,  
wood  or other  material  by engraving,  carving,  ornamental  inlay  or similar  
methods,  calligraphy, silk screen printing;  
2. Sculptures,  reliefs  and carvings;  
3. Architectural  works;  
4. Handicraft  and minor  works  of art, miniatures  and works  of ornamentation,  
textiles,  fashion designs;  
5. Photographic  works  and slides;  
6. Graphic  works;  
7. Cartoons;  
8. All kinds of  personifications.  
The use of sketches,  drawings,  models,  designs  and similar  works  as industrial  designs  
does not affect their status as intellectual  and artistic works.  
 
IV. Cinematographic  Works  
 
Art. 5. (Amendment: 21.2.2001 - 4630/3) Cinematographic works are works such as films  
of an artistic, scientific, educational or technical nature or films recording daily events or  
movies, that consist of a series of related moving images with or without sound and  which,  
regardless of the material in which they are fixed, can be shown by the use of electronic or  
mechanical  or similar devices.  
 
C. ADAPTATIONS  AND  COLLECTIONS  
 
Art. 6. Intellectual  and artistic  products  created  by benefiting  from  another  work  but that 
are not independent of  such work  are adaptations,  of which  the main  types  are listed below:  
1. Translations;  
2. Converting a work like novel, story, poem or play, from said types to another  
type;  
3. Converting musical works, literary and scientific works or works o f fine arts  
into films, or converting them into a form which is suitable for filming or for  
broadcasting  by radio and television;  
4. Musical  arrangements  and compositions;  
5. Transforming  works of  fine arts from  one form  to another;  
6. Making  a collection  of all or the same  type of works of  one author;  
7. Making a collection of selected works according to a specific purpose and in  
accordance  with a specific  plan;  
8. Making an unpublished  work ready for publication as a result of scientific  
research and study (ordinary transcriptions and facsimiles that are not the result  
of scientific  research and  study  are excluded);  
9. Annotating,  commenting  or abridging  the work of another  person;  
10.  (Addition: 7.6.1995 - 4110/3) Adaptation, editing or any modification of a  
computer  program;  
11. (Addition:  7.6.1995  - 4110/3)  Databases  obtained  by the selection  and 8  compilation of data and materials according to a specific purpose and a specific  
plan, (Addition: 21.2.2001 - 4630/4) which are in a form that can be read by a  
device or in any other form (This protection cannot  be extended to the data and  
materials  contained in the  database.)  
 
(Amendment: 21.2.2001 - 4630/4) Adaptations bearing the characteristic of the person  
making the adaptation,  which are created without  prejudice to  the rights  of the author  
of the original work,  shall be deemed works  under  this Law.  
 
D. WORKS  MADE  PUBLIC  AND  PUBLISHED  WORKS  
 
Art. 7. A work  disclosed  to the public  with the consent  of the right holder  shall  be 
deemed  to have  been made  public.  
 
A work shall be deemed to have been published, if copies obtained by reproduction of the  
original are supplied to the public by way of selling, distributing or otherwise putting into  
commercial  circulation with the consent of the right holder . 
 
The provisions  of paragraph two  of article  3 of the Press  Law No. 5680  are reserved.  
 
 
PART TWO  
THE  AUTHOR  
 
A. DEFINITION  
 
I. In General  
 
Art. 8. (Addition: 21.2.2001 - 4630/5) The author of a work is the person who has created  
it. 
 
The author of an adaptation or collection is the person who has made the adaptation,  
provided  that the rights of the  original author are  reserved.  
 
In the case of cinematographic works, the director, the composer of original music, the  
scriptwriter and the dialogue writer are joint auth ors of the work. For cinematographic  
works which are produced with the technique of animation, the animator is also among the  
joint authors of the  work.  
 
 
II. Multiple  Authors  
 
Art. 9. If a work created jointly by more than one person can be divided into parts, each  
person  shall be  deemed the  owner of the  part he  created.  9   
Unless otherwise agreed, each of the persons who have jointly created the work may  
request the other persons’ participation in the modification or publication of the wh ole 
work. If the other party refuses to participate without good reason, permission may be  
granted  by the court. The  same provision shall apply  to the  exercise of  economic  rights.  
 
III. Union  of Authors  
 
Art. 10 . If a work created by the participation of more t han one person constitutes an  
indivisible  whole, the  author of  the work is the union  of the persons who  created it.  
 
The provisions on ordinary partnership shall apply to such union. If one of the authors  
refuses without good reason to permit a joint trans action, then such permission may be  
granted by the court. Each of the authors may act individually if the interests of the union  
are violated.  
 
Technical services or assistance pertaining to detail rendered for the creation of a work  
shall  not be deemed a  basis for participation.  
 
(Addition: 21.2.2001 - 4630/6) If a work created by the participation of more than one  
person constitutes an indivisible whole, the rights on the joint work shall be exercised by  
the natural or legal person who has assembled the authors, provided that nothing to the  
contrary is stipulated in a contract or in the terms of service or in any law that was in force  
at the time of creation of the  work.  Rights  regarding  cinematographic works  are reserved.  
 
B. PRESUMPTION  OF AUTHORSHIP  
 
I. Work s on Which  the Name  of the  Author  is Given  
 
Art. 11. The person whose name or known pseudonym is given as the author of a work on  
the published copies of a work or on the original of a work of fine arts, shall be deemed the  
author  of the work until it is proven otherwise.  
 
(Amendment:  7.6.1995  - 4110/5)  The person  who is introduced  in the customary  manner  
as the author  of a work  at conferences  or performances  made  in public  premises  or 
broadcast by radio and television, shall be deemed the author of the wo rk, unless another  
person  is deemed the  author by  way of the  presumption given in the first  paragraph.  
 
II. Works  on Which  the Name  of the Author  is Not Given  
 
Art. 12. So long as the author of a published work can not be established under article 11,  
the rights and authorities belonging to the author may be exercised by the publisher, and, if  
the publisher can not be determined, by the person making the reproduction, in his own  
name.  10  Such authorities shall belong to the person giving the conference or the person having the  
performance made, in cases where the author cannot  be determined by the presumption  
under  the second paragraph of  article 11.  
 
The provisions on mandate shall apply to the relations between the persons authorized  
under  this article and  the real right holders , unless  agreed otherwise.  
 
 
PART THREE  
INTELLECTUAL  RIGHTS  
 
 
A. RIGHTS  OF THE AUTHOR  
 
I. In General  
 
Art. 13. The economic and moral interests of authors in their intellectual and artistic works  
shall  be protected under this Law.  
 
The rights  and authorities granted  to authors  shall  extend  over the entire  work  and its  parts.  
 
(Addition:  21.2.2001  - 4630/7;  Amendment:  3.3.2004  - 5101/10)  Film  producers  that 
make the first fixation of films and phonogram producers that make the first fixation of  
sounds  shall  have  their productions  containing  cinematographic  and musical  works  
recorded and registered for the purpose of preventing violation of their rights, facilitating  
proof  of rightholdership  and tracking  the authority  to exercise economic  rights,  and 
without the aim of creating any rights. The recording and registration of all the works  
protected under this Law may be made for the same purpose upon demand of the authors;  
the authority to exercise economic rights may also be recorded. The Ministry can not be  
held responsible for these procedures which are made based on declaration. However,  
persons who make a wrong declaration in the procedures on which the recording and  
registration shall be based, with regard to moral or eco nomic rights which they do not own  
or whose non -existence was known or should have been known to them, shall be subject to  
the legal and criminal sanctions set out in this Law. All fees regarding recording and  
registration procedures carried out under this  Law shall be determined by the Ministry. The  
rules and procedures of recording and registration, the determination of the fees and other  
matters  shall be set out  in a by -law to be issued by  the Ministry.  
 
II. Moral  Rights  
 
(1) Authority  to Disclose  the Work to  the Public  
 
Art. 14 . The author shall exclusively determine whether or not his work shall be disclosed  
to the public  and the time  and manner of its publishing.  11  Only the author may give information on the contents of a work of which the whole or a  
substantial part has not yet been made public, or whose main features have not yet been  
introduced  to the  public  in any  way.  
 
(Addition: 21.2.2001 - 4630/8) The author may prohibit, even if he has given written  
approval to others, the promotion to the public or the publishing of both the work and its  
adaptation, where the manner of disclosing to the public or publishing of the work is of  
such a nature  as would  damage  the honor  and reputation  of the author.  Waiving  such 
power  of prohibition  by contract shall  be null and void.  The other  party's  right  to 
compensation  is reserved.  
 
(2) The Authority  to Designate  the Name  
 
Art. 15. The author shall have the exclusive authority to decide whether the work shall be  
disclosed to the public or published with or  without the name of the author or under a  
pseudonym.  
 
The name  or mark  of the original  author  must  be shown  in the manner  which  is agreed  
upon or is customary, on copies of a work of fine arts created by reproduction and on the  
original and copies of an a daptation, and it must be clearly depicted that the work is a copy  
or an adaptation.  
 
The real author of a work may ask the court to  establish his rights, if the creator of the  
work  is disputed or if  another  person claims to  be the author of  the work.  
 
(Addition: 7.6.1995 - 4110/6) For architectural constructions that have the quality of a  
work,  the name  of the author  shall  be inscribed  in an indelible  way with material  
considered  suitable  by the author on a  visible part  of the work, upon written request . 
 
(3) Prohibition  of Modification  
 
Art. 16. No abbreviations,  additions  or other  modifications  may be made  to a work  or to 
the name of  its author without his consent.  
 
A person who adapts, discloses to the public, reproduces, publishes, performs or otherwise  
distributes a work in any manner under the permission of the law or the author may make  
modifications  that are deemed  indispensable  due to the technique  of adaptation,  
reproduction,  performance  or publication,  without special permission by  the author.  
 
(Amendment:  21.2.2001  - 4630/9)  The author  may prohibit  all modifications,  which  
prejudice his honour and reputation or damage the nature and characteristics of the work,  
even  if he has given  written  and unconditional  permission.  Waiving  the power  of 
prohi bition  shall be  null and void even if agreed by  contract.  
 
(4) Rights  of the Author  against  Persons  Who  Own  or Possess  a Work  
 
Art. 17. (Amendment:  21.2.2001  - 4630/10)  Where  necessary  the author  may,  provided  
that the conditions  for protection  are fulfilled,  demand  the owner  or possessor  of the 12  original to temporarily avail him of the original of works of fine arts listed in the first and  
second subparagraphs of article 4 and works that are listed in the first subparagraph of  
article 2 and in  article 3, provided that the latter are handwritten by authors or composers.  
Persons who trade the work shall disclose such right of the author in auction or sale  
catalogues  or related documents to buyers  or acquirers of  the work.  
 
(Amendment: 7.6.1995 - 4110/7) The owner of the original of a work may dispose of it  
according to the terms of the contract he has concluded with the author. However, he may  
not damage  or destroy  the work or prejudice  the rights of the  author.  
 
(Addition: 7.6.1995 - 4110/7) If t he work exists in a single original form, the author may  
request the work for use in retrospective works and exhibitions covering all of his working  
periods,  subject to conditions of protection  and to  be returned.  
 
III. Exercise  of Rights  
 
(a) In General  
 
Art. 18 . (Amendment: 21.2.2001 - 4630/11) The authority to exercise economic rights  
belongs exclusively  to the  author.  
 
The rights in works created by civil servants, employees and workers during the execution  
of their duties shall be exercised by the persons who e mploy or appoint them; provided that  
the contrary may not be deduced from a special contract between such persons or from the  
nature  of the work. This rule  shall also apply  to the  organs  of legal persons.  
 
The producer or publisher of a work may exercise t he economic rights only in accordance  
with a contract to be  concluded with the author.  
 
(b) Persons  Entitled  to Exercise  Rights  
 
Art. 19. If an author has not determined the manner in which the authorities granted to him  
by the first paragraphs  of Articles  14 and 15 are to be exercised  or has not left this matter  
to another person, these rights shall be exercised after his death by the executor, or, if no  
executor  has been  appointed,  successively  by the surviving  spouse,  his children,  his 
testamentary  heirs, hi s parents, his siblings.  
 
(Amendment: 21.2.2001 - 4630/12) After the death of the author, those persons set out in  
the preceding paragraph may exercise the rights granted to the author under the third  
paragraphs of Articles 14, 15 and 16, in their own name  and for a period of 70 years after  
the death of the  author.  
 
If the author  or the persons  authorized  under the first  and second  paragraphs  do not 
exercise their authorities, any person who has acquired an economic right from the author  
or from his successor may,  provided  that he proves a legitimate interest, exercise in his  
own name the rights granted to the author under the third paragraphs of Articles 14, 15 and  
16. 13  Where  there  are more  than one authorized  persons  who can not agree on an action,  the 
court  shall  settle  the conflict  in summary  proceedings,  according  to the presumed  
intentions  of the  author.  
 
(Amendment: 1.11.1983  - 2936/2)  If there are no authorized persons under Article 18 or  
the preceding paragraphs or if such persons exist but they do not exercise their rights or if  
the terms laid down in the second paragraph have expired, the Ministry of Culture and  
Tourism may exercise in its own name the rights granted to the author under the third  
paragraphs of Articles 14,  15 and 16 if the work is deemed to be important for national  
culture.  
 
IV. Economic  Rights  
 
(1) In General  
 
Art. 20. (Amendment: 1.11.1983 - 2936/3) The right to exploit, in any manner or form, a  
work that has not yet been made public belongs exclusively to the author. The exclusive  
right  granted to the author to exploit a work that has been made public consists of the  
rights stipulated as economic rights by this Law. Economic rights are independent of one  
another.  The disposal  and exercise of  one does not affect  the other.  
 
(Second paragraph revoked: 3.3.2004 - 5101/28)  
(Third  paragraph  revoked:  3.3.2004  - 5101/28)  
The author of an adaptation may exercise the economic rights granted to him in such  
capacity, to the extent permitted by the author of the original work, except the cases where  
adaptation  is free.  
 
(2) Types  
 
(a) Right  of Adaptation  
 
Art. 21. The right to exploit a work by  adapting  it belongs exclusively  to the  author.  
 
(b) Right  of Reproduction  
 
Art. 22. (Amendment: 7.6.1995 - 4110/8) (Amendment: 21.2.2001 - 4630/13) The right to  
reproduce the original or copies of a work in any form or by any method, in whole or in  
part, directly  or indirectly,  temporarily  or permanently  belongs exclusively  to the  author.  
 
The making of a second copy of the original of the work or the recording of the work on all  
types of devices now known or to be developed in the future enabling the transmission or  
repetition of signs, sounds and images, all kinds of sound and music recordings as well as  
the application  of plans,  projects  and sketches  of architectural  works  are deemed  
reproduction.  The same provision shall  apply  to molds with relief  or perforation.  14  The right of reproduction also covers the acts of loading, displaying, running, transmitting  
and storing  a computer  program  to the extent  that such acts require  the temporary  
reproduction  of the computer  program.  
 
(c) Right  of Distribution  
 
Art. 23. (Amendment: 21.2.2001 - 4630/14) The  exclusive right to rent,  lend, put up for  
sale or  distribute  in any  other  way, the  original or  copies of  a work, belongs to the  author.  
 
The author has the exclusive right to import copies of a work that have been reproduced  
abroad with his permission and to exploit such works by distribution. Copies that are  
reproduced  abroad  may not under any circumstances  be imported  without  the permission  
of the author and/or the holder of the right of distribution who has the author’s permission.  
Provided that the authorities of rental and public lending remain with the author, the resale  
of specific copies following their first sale or distribution within the country by way of  
transfer of ownership as a result of the exercise of the distribution right by the rightholder  
shall  not infringe  the right of  distribution granted to the author.  
 
The distribution of a work or its copies by way of rental or lending, may not lead to a  
widespread copying of the work in a manner prejudicing the right of reproduction of the  
author. The rules and procedures regarding the application of this article shall be regulated  
with a by -law to be issued by  the Ministry  of Culture  and Tourism.  
 
(d) Right  of Performance  
 
Art. 24. (Amendment: 21.2.2001 - 4630/36) The right to exploit a work by performing it in  
such ways as reciting, playing, acting or displaying it on public premises either directly or  
by means  of devices  enabling  the transmission  of signs,  sounds  or images  belongs  
exclusively  to the  author.  
 
The right to transmit the performance, from the premises where the performance to the  
public took place to any other location by means of a technical device also belongs to the  
author.  
 
(Amendment: 1.11.1983  - 2936/4)  The right of performance may not  be exercised by  
other natural or legal persons without the written permission of the author, or if the author  
is a member of a collecting society, the written permission given by such collecting society  
in accordance with the authorities set out in the authorization certificate. However, the  
provisions  of articles 33  and 43 are reserved.  
 
(e) Right  to Communicate  a Work  to Public  by Devices  Enabling  the Transmission  of 
Signs,  Sounds and/or Images.  
 
Art. 25. (Amendment: 21.2.2001 - 4630/15) The author shall have the exclusive right to  
communicate the original of a work or its copies to public by way of broadcasting by  
organizations  that broadcast  by wire or wireless  means  such as radio  and television,  
satellite  or cable,  or by devices  enabling  the transmission  of signs,  sounds  and/or  images  15  including  digital  transmission,  or by way of re-broadcasting  by other  broadcasting  
organisations that obtain the work from such broadcasts.  
 
The author has the right to permit or prohibit the sale or other distribution or supply of the  
work  or its reproduced  copies  to the public  by wire or wireless  devices  and the 
communicat ion of the work to the public by providing access to it at a time and place  
chosen by  natural persons.  
 
The distribution  and supply  of works  by means  of communication  to the public  as 
regulated  under this  article, shall  not prejudice  the author’s  right of  distribution.  
 
(3) Terms  
 
(a) In General  
 
Art. 26. The economic rights granted to the author are limited in time. Except for the cases  
in articles 46 and 47, all persons may exercise the economic rights granted to the author  
following  the expiry  of the  term of pro tection.  
 
Terms of protection granted for the original of a work and its adaptations are independent  
of each other.  
 
This provision shall also apply to works mentioned in the first paragraph of article 9. The  
term of protection shall not  begin to run  until the work is made  public.  
 
For works that are published in sections or fascicles, the publication date of the last part or  
fascicle shall be deemed the date on which the work was made public. For works that are  
composed  of several  volumes  published  at intervals  and for works  such as bulletins,  
pamphlets, periodicals and annuals, the date on which the work is made public shall be the  
date of publication of  each volume  or each such work.  
 
Terms that begin on the date on which the work was made public shall be  calculated  
starting from the first day of the year following the year in which the work was first made  
public  or is deemed to have  been  made  public  under paragraph  four.  
 
Terms that begin on the date of the author's death shall be calculated from the first day of  
the year following the year of the author's death. In the cases determined in the first  
paragraph of article 10, the term shall start to run on the date of the death of the last  
surviving  author.  
 
(b) Duration  of Term  of Protection  
 
Art. 27 . (Amendment: 7.6.1995 - 4110/10) The term of protection shall last for the lifetime  
of the author and for 70 years after his death. (Addition: 21.2.2001 - 4630/16) If there is  
more than one author, this period shall end upon the expiry of 70  years after the  death of  
the last  remaining  author.  
 
The term of protection for works that have been first made public after the death of the  
author  shall be  70 years after the  date of death.  16   
The term of protection in the cases determined in the first paragraph of Article 12 shall be  
70 years from the date on which the work was made public, unless the author reveals his  
name before  expiry  of such term.  
 
If the first author is a legal person, the term of protection shall be 70 years from the date on  
whic h the work  was made  public.  
 
(c) Term  of Protection  for Translation  Into Turkish  
 
Art. 28.  (Revoked:  21.2.2001  - 4630/36)  
 
(d) Term  of Protection  for Handicraft,  Minor  Works  of Art, Photographic  and 
Cinematographic  Works  
 
Art. 29. (Revoked: 21.2.2001 - 4630/36)  
 
B. LIMITATIONS  
 
I. Due to Public  Order  
 
Art. 30 . The rights granted to authors shall not prevent a work from being used as evidence  
in court or before other authorities or from being the subject matter of police or criminal  
proceedings.  Photographs  may be reprod uced  and distributed  in any form  by official  
authorities or on their instructions due to public security or for judicial reasons without the  
author's  consent.  
 
Reserved are the provisions of public law that prohibit putting a work into commercial  
circulation by any means, its performance or exploitation in any other form or that make  
them  subject to permission or control.  
 
II. Due to Public  Interest  
 
(1) Legislation  and Court  Decisions  
 
Art. 31. The reproduction,  distribution,  adaptation  or exploitation  in any other  form  of 
laws,  Presidential decree s , regulations,  notifications,  circulars  and court  decisions  that 
have  been  officially  published or announced is permitted.  (With the 24th A rticle of the 
Decree Law  dated 2/7/2018 and numbered 700 , the phrase  "by-law" contained in this 
Article was amended as  "Presidential decree".)  
 
 
(2) Speeches  
 
Art. 32. The reproduction, public recitation or broadcasting by radio  and distribution by  
any other means, of speeches and addresses made in the Grand National Assembly a nd at  
other  official  assemblies  and congresses,  in courts  of law or at public  meetings,  is 
permitted  for the purpose  of giving  news and information.  17   
Where the nature of the event or of the situation does not so require, the names of the  
speakers  do not need to be  cited.  
 
The right to reproduce or distribute speeches and addresses for purposes other than those  
mentioned  in the first paragraph belongs to the  author.  
 
(3) Freedom  to Perform  
 
Art. 33. (Amendment: 21.2.2001 - 4630/17) Published works may be freely performed in  
all educational institutions for the purpose of face -to-face education and without directly or  
indirectly  aiming  for profit,  provided  that the name  of the author  and the work  is 
announced  in the  customary  manner.  
 
(4) Selected  and Collected  Works  for Educational  and Instructional  Purposes  
 
Art. 34. (Amendment: 7.6.1995 - 4110/13) It is free to create selected or collected works,  
which are dedicated to educational purposes, by way of making quotations in an amount  
justified by th e purpose, from published musical, literary and scientific works and works of  
fine arts that are made public. Works of the type set out in the third subparagraph of article  
2 and first and fifth subparagraphs of the first paragraph of article 4 may only be  quoted to  
explain the content of the selected and collected work. However, this freedom may not be  
used in a way which would prejudice the legitimate interests of the author without good  
reason  or which would conflict with  the normal exploitation  of the  work.  
 
The first paragraph  shall  also apply  to school  radio  broadcasts  made  exclusively  for 
schools and approved by  the Ministry  of Education.  
 
(Addition: 21.2.2001 - 4630/18) The permission of the author is necessary for making  
selected or collected works  for purposes other than education, by way of quotations of  
published  musical,  literary  and scientific  works  and works  of fine arts  that are made  public.  
 
In all such cases, the name of the work and the author shall be cited in the customary  
manner.  
 
(5) Freedom  of Quotation  
 
Art. 35. Quotations of  a work  are permitted  in the following  cases:  
1. Quoting a few sentences or passages of a work made public, in an independent  
literary  or scientific  work;  
2. Incorporating certain elements of a published composition, a t the most such as  
themes,  patterns, passages or  ideas, into an  independent musical work;  
3. Reproducing works of fine arts that have been made public and other published  
works, in a scientific work for the purpose of explaining its content and to the  
extent justified by  such purpose;  
4. Displaying works of fine arts that have been made public by projection or  
similar  means  in order  to explain  a subject  at scientific  conferences or  lectures.  18  The quotation must be made in a manifest way. In scientific works, it shall be necessary to  
mention not only the name of the work and the author but also the passage from which the  
quoted  part has been taken.  
 
(6) Contents  of Newspapers  
 
Art. 36. Article  15 of the Press  Law being  reserved,  daily  news  and information  
communicated to the public  by the press or radio may  be freely  quoted.  
 
Articles  or features  on social,  political  or economic  issues  of the day published  in 
newspapers or journals may be freely quoted in their original or adapted form in other  
newspapers or journals and may be broadcast by radio or disseminated by any other means,  
except where the right to quote them has been expressly reserved. Even where the right to  
quote is reserved, it is permitted to abridge such articles and features as a  press review and  
to so quote,  broadcast by  radio or disseminate  them in any  other  manner.  
 
In all such cases, mention must be made of the name, the issue and the date of the  
newspaper, of the journal, of the agency and of any other source from which the q uotations  
have been made, together with the name, the pseudonym or the mark of the author of the  
articles.  
 
(7) News  
 
Art. 37. (Amendment: 21.2.2001 - 4630/19) It is permitted to record parts of an intellectual  
or artistic work on devices enabling the transmission of signs, sounds and/or images in  
relation to current events, provided that this has the nature of news and does not exceed the  
limits of giving information. The reproduction, distribution, performance and broadcasting  
by devices such as radio  and television of passages quoted in such a manner are free. This  
freedom  may not be used in a way which  may prejudice  the legal  interests  of the 
rightholder  or which may  conflict with  the normal  exploitation of the  work.  
 
III. Due to the Interest of  Individua ls 
 
(1) Personal  Use 
 
Art. 38. (Amendment:  7.6.1995  - 4110/14;  21.2.2001  - 4630/19)  It is permitted  to 
reproduce  all intellectual  and artistic  works  for personal  use without  pursuing  profit.  
However, such  reproduction may not prejudice the legitimate interests  of rightholders  
without  good reason or conflict  with the normal exploitation of  the work.  
 
(Second  paragraph  revoked:  21.2.2001  - 4630/36)  
 
In the absence of specific contractual provisions, the reproduction and adaptation of a  
computer program by the lawful acquirer is permitted where necessary for the use of the  
computer  program  in accordance with  its intended  purpose,  including  for error  correction.  
 
The loading, running and error correction of a computer program by a person who has  
lawfully  acquired  the program  may not be prohibited  by contract.  The making  of a backup  19  copy by a person having the right to use the computer program may not be prevented by  
contract  insofar as it is necessary  to ensure  the use  of such program.  
 
The person who has acquired the right to use a computer program may observe, analyze or  
test the functioning  of the program  in order  to determine  the ideas  and principles  
underlying  any element  of the program  while  performing any of the  acts of loading,  
displa ying,  running, transmitting  or storing  the program  which he  is entitled  to do.  
 
Where reproduction of the code and translation of its form in the sense of reproduction and  
adaptation of the computer program are indispensable to obtain the information necessary  
to achieve the interoperability of an independently created computer program with other  
programs, the performing of such acts shall be permitted, provided that the following  
conditions  are met: 
1. That these acts are performed by the licensee or by another person having the  
right to use a copy of the program or by a person authorized to do so in their  
name;  
2. That the information  necessary  to achieve  interoperability  was not made  
available  to the persons specified in  subparagraph  one; 
3. That these acts are confined to the parts of the program which are necessary to  
achieve  interoperability.  
The paragraph  above  does not entitle  the information  obtained  under  that paragraph;  
1. To be used for purposes  other  than to achieve  the interoperability  of the 
independently  created  computer program;  
2. To be given to others, except where necessary for the interoperability of the  
independently  created  computer program  
3. To be used for the development,  production  or marketing  of a computer  
program  substantially  similar  in its expression  or for any other  act which  
infringes  copyright.  
The provisions of the sixth and seventh paragraphs may not be interpreted in a way that  
conflicts with the normal exploitation of the program or that unreasonably prejudices  
the rightholder 's legitimate interests.  
 
(2) Right  of Composers  
 
Art. 39. (Revoked: 21.2.2001 - 4630/36)  
 
(3) Reproduction  and Exhibition  
 
Art. 40. Works  of fine arts permanently  placed  on public  streets,  avenues  or squares  may 
be reproduced by drawings, graphics, photographs and the like, distributed, shown by  
projection in public premises or broadcast by radio or similar means. For architectural  
works, this freedom is only  valid for  the exterior form.  
 
Works of fine arts may be publicly exhibited by their owners or by others with their  
consent, unless the  author has expressly  prohibited such exhibition.  20  Works to be sold by auction may be exhibited to the public. Works exhibited in public  
premises or placed at an auction may be reproduced and distributed by wa y of catalogues,  
guides or similar printed matter published for such purposes by persons organizing the  
exhibition or  auction.  
 
The name of the author may be omitted in such cases unless there is a contrary customary  
usage.  
 
(4) Principles  Concerning  the Use in and/or  Communication  in Public  Premises  of 
Works,  Performances,  Phonograms,  Productions  and Broadcasts  
 
Art. 41 . (Amendment:  3.3.2004 - 5101/11) Public premises where the entrance may or  
may not be subject to a fee, shall conclude a contract in accordan ce with article 52 with  
rightholders or collecting societies to which the  rightholders are members, in order to  
obtain permission for the use and/or communication of works, performances, phonograms,  
productions and broadcasts and make the payments for econ omic rights stated in such  
contracts  in accordance  with this article.  
 
Public  premises  which  use and/or  communicate  works,  performances,  phonograms,  
productions  and broadcasts  shall  be classified  or left out of classification  taking  into 
consideration the characteristics of the region where the public premises are located, the  
quality and quantity of the premises, whether or not the works, performances, phonograms,  
productions and broadcasts that are the subject of intellectual property are an integral part  
of, or contributing  to, the product or services supplied  by the premises and  similar  issues.  
 
For the sectors in which they operate, collecting societies of authors and/or related rights  
holders shall set the tariffs for fees arising from the use and/or communication of works,  
performances,  phonograms,  productions  and broadcasts  in conjunction  with the 
classification made. Contracts between the collecting societies and public premises shall be  
concluded based on the amounts which shall be determined accor ding to such tariffs or  
amounts  that may  be agreed on by  negotiations of  the parties.  
 
Contracts concerning tariffs shall be based on the calendar year and such tariffs shall be  
valid  starting  from the beginning  of the  calendar  year.  
 
In order  to ensure  the performance  of the  provisions of  this article:  
 
1. Collecting societies are obliged to submit to the Ministry information about their  
members and the works, performances, phonograms and productions which they  
represent.  Such  notification  shall  be updated  every  three  months  and shall  be 
opened to the access of related parties on a common database to be formed by the  
Ministry.  
2. Authors’ collecting societies or collecting societies of related rights holders or  
collecting societies that operate in the same sectors, may determine joint tariffs by  
concluding a joint protocol. The joint tariffs are binding for the collecting societies  
that are parties to them.  
 
Collecting societies shall notify the tariffs  or joint tariffs in  the ninth  month of  each 
calendar  year to the Ministry  and to professional  associations  representing  users,  which  are 21  set up by law as public institutions. They shall also announce them to the public. Public  
premises may negotiate the tariffs or joint tariffs and conclude c ontracts also through the  
professional associations to which they are members, by giving them binding authorization  
regarding negotiation and contract conclusion. However, where the tariffs are determined  
on a lump sum basis, public premises may only negot iate and conclude contracts through  
professional  associations.  
 
In case no agreement  can be reached  and no contract  can be concluded  on the tariffs  or 
joint tariffs between collecting societies  and public premises or professional associations  
by the tenth month, collecting societies and/or professional associations may demand the  
negotiation of such tariffs at a conciliatory commission which shall be formed by the  
Ministry.  
 
Upon the request of one of the parties and the approval of the Ministry, the concil iatory  
commission shall be formed by the Ministry within fifteen days from the date of request, in  
order to negotiate the tariffs. The commission shall comprise one representative of the  
Ministry, two of the Competition Authority, and one each of the conce rned collecting  
societies and professional associations representing the users. The representative of the  
Ministry is at the same time the chairman of the commission. As many substitute members  
as the number of commission members shall also be elected in t he same manner. The  
secretarial work of the commission shall be conducted by the relevant department of the  
Ministry.  
 
The commission shall prepare a report and notify it to the Ministry and related parties  
within fifteen days of its formation. Public prem ises and collecting societies may conclude  
contracts within fifteen days of the declaration of the report based on the tariffs set by the  
collecting  societies or agreed as  a result of  negotiations.  
 
Where no contract is concluded based on the tariffs or joint tariffs set by the collecting  
societies, the parties may have recourse to courts. Public premises which had a contract in  
the preceding  year may continue  using  and/or  communicating  works,  performances,  
phonograms, productions and broadcasts by paying  ¼ of the tariff at dispute in a bank  
account opened in the name of the collecting societies every three months until the end of  
the adjudication  process,  provided  that the collecting  societies  do not prohibit  such use. 
The permission of the collecting soc ieties is necessary for the use of and/or communication  
of works, performances, phonograms, productions and broadcasts in the manner set out in  
this paragraph by public premises which had no contract in the preceding year and those  
that are to make a contr act for the first time. Amounts paid in this way until the end of the  
court  proceedings shall be  deducted from the  amount of  the tariff  determined by  the court.  
 
Principles regarding the determination of tariffs laid down by paragraph three of article  
42/A  of this Law shall be taken into consideration in the determination of tariffs and the  
settlement  of disputes.  
 
Natural  or legal  persons  who have  rights  on works,  performances,  phonograms,  
productions and broadcasts which are used and/or communicated at th e public premises  
may demand  payments  for such use and/or  communication  (…)2 through  collecting  
 
2 The term “only”  was revoked  by the decision  of Constitutional  Court.  (date:24/3/2010;  file no: 2007/33;  
decision  no: 2010/48)  22  societies that they have authorized. The application of this provision is not obligatory for  
cinematographic works.  
 
Other rules and procedures regarding classification, fees to be collected by the Ministry in  
case of recourse  to the conciliatory  commission  and the functioning  of the commission  
shall  be determined with  a by-law to be issued by  the Ministry.  
 
 
IV. Authorities  Granted  to the Government  
 
(1) Creation  of Collecting  Societies  
 
Art. 42. (Amendment:  1.11.1983  - 2936/7;  21.2.2001  - 4630/21;  3.3.2004  - 5101/12)  
Authors and related rights holders and those persons who reproduce and distribute non - 
periodical  publications  by way of acquiring  powers  to exercise  economic  rights  by 
contracts concluded in accordance with article 52 of this Law [or] by way of exercising  
rights on literary and scientific works in accordance with article 10 of this Law, may set up  
more  than one collecting  societies  in areas  which  shall  be determined  pursuant  to the 
regulation issued by the President and uniform statutes, in order to protect the mutual 
interests of their  members, the management and pursuit of the rights granted by this Law 
and the collection  and distribution  of fees to the rightholders.  Natural  or legal  persons  who 
carry  the qualifications to become members must apply to the Ministry in order to obtain 
permission  to operate  as a collecting  society.  The number  of applicants  must  be, for authors  
or performers,  four times  the number  of full members  of compulsory  organs  and for 
producers  or radio -television  organizations,  twice  the number  of full members  of the 
compulsory organs. After obtaining such permission, collecting societies shall operate in  
the field for which they  are set up.  ( With the 24th Article of the Decree Law dated 2/7/2018 and 
numbered 700,  the phrase "  to regulations and uniform statutes to be prepared by the Ministry of 
Culture and Tourism and approved by the Council of Ministers " contained in the first paragraph of 
this Article is amended as "the regulation issued by the President")  
 
(Amendment:  21.2.2001  - 4630/21)  In order  that another  collecting  society  may be 
founded in the same field, an application for permission to operate shall be made to the  
Ministry by natural or legal persons carrying the qualification to become members, such  
persons be ing as  many as  one third of the total  number of members of the collecting  
society with the largest number of members set up for that field, provided that such number  
is not less than the number of founding members given above. They shall operate in case  
the Ministry approves of such application and grants permission. Each society may set up  
and operate branches in accordance with its necessities. A minimum of two collecting  
societies founded in the same field may set up a federation according to principles and 
procedures laid down by the regulations issued by the President and uniform statutes. No  
more  than one  federation may  be established in the  same field.  (With the 24th Article of the 
Decree Law dated 2/7/2018 and numbered 700,  the phrase “by the regulations and uniform 
statutes prepared by the Ministry ” contained in the second  paragraph of this Article is has been 
amended as “the regulation issued by the President”.)  
 
Collecting societies and  the federation are legal persons subject to private law . Their  
members  may not be obliged  to participate  in capital,  profit and  loss or  legal  liability.  
 
General assembly, board of directors, board of audit, technical -scientific board and the  
discipline committee shall be regulated as compulsory organs in the uniform statutes of the  23  collecting societies and the federation. The principles  and procedures  regarding  the 
foundation,  supervision  and audit  of such societies  and federations, the minimum 
number of members necessary for their first general assemblies  to be convened, the manner 
of formation of other voluntary organs and the number and  duties of their members, 
conditions for becoming a member, resigning from membership  and expulsion, the 
determination of regions where they can set up branches, their relatio ns with public  entities  
and organizations  in the country  and abroad,  their rights  and competences  in such relations,  
their monetary  relations  with their members,  the distribution  of collected royalties  and 
compensations and  other  matters are determined by the regulation issued by the President” . 
(With the 24th Article of the Decree Law dated 2/7/2018 and numbered 700,  the phrase 
“The Ministry shall, after obtaining the views of related organizations, prepare a 
regulation in  order  to regulate” contained in t his paragraph of this Article is has been 
amended as “determined  by the regulation issued by the President”.)   
 
Article 21, second paragraph, Articles 30, 37, 40, 42, 43, 44, 45, 48, 65, 66, 67, 68, 69, 70  
and 90 of the Law on Associations, No. 2908, dated  October 6, 1983, shall apply, together  
with the criminal provisions, to the collecting societies and the federation to be established  
in accordance  with this Article.   
 
(Amendment: 21.2.2001 - 4630/21) The rights granted by this Law to authors and related  
rights holders may not  be pursued by any unions, associations or similar organizations  
other than collecting societies founded within the country in accordance with this Article.  
Matters regulated by this Article such as membership, number of founding mem bers and  
the total number of members, shall also apply for collecting societies founded before the  
entry into force of this Law. All collecting societies must comply with the principles laid  
down  by this Article  within  six months  following  the entry  into force  of this Law.  
Collecting societies that have not complied with this condition within the given period of  
time shall be  considered  automatically  dissolved.  
 
(2) Duties  of the Collecting  Societies  and Principles  concerning  the Determination  of 
Tariffs  
 
Art. 42/A.  (Addition:  3.3.2004  - 5101/13)  Collecting  societies  founded  in order  to 
administer  rights for  the purposes  set out in  Article 42  of this Law are obliged  to; 
 
1. Notify the Ministry of all information concerning their members and the works,  
performances, phonograms and productions they represent and to update, every  
three  months, this  information which  shall be  open  to concerned  parties;  
2. To provide, in an equitable way, the management of the rights resulting from the  
activities  of their membe rs; 
3. To distribute the income obtained from their activities concerning the management  
of their members’ rights  to the rights  holders  in accordance  with a distribution  plan;  
4. To give information  concerning  the works,  performances,  phonograms  and 
productions  they represent, to persons  who make written requests;  
5. To act in an equitable manner in the conclusion of contracts regarding the rights  
they manage; to provide discounts and facilitated payment methods that they deem  
necessary  for their economic  and/or mor al interests;  
6. To determine the payment tariffs regarding the rights they manage in due time for  
contracts to be made and to announce such tariffs and any changes in such tariffs in  
due time;  
7. To have  their accounts  approved by  sworn  financial consultants.  24  The records of the Radio and Television Supreme Council shall be used as a reference for  
the application of the paragraph above with respect to the broadcasts of radio -television  
organizations.  
 
In the determination of the tariffs; tariffs should be determined at a reasonable level by  
considering  the adaptability  of international  practices  to the economic  and social  
conditions of the country; an impact which damages the structures of the sectors where  
works, performances, phonograms, productions and b roadcasts are created and used, which  
hampers production and use and which prejudices generally accepted practices should be  
avoided;  anti-competitive  conditions  should  not be created;  and the determination  should  
be based on the classification made, produ ct prices in the relevant sectors and the shares of  
these  sectors  in the gross  domestic  product,  the frequency  with which  works,  
performances, phonograms, productions and broadcasts are used and/or  communicated,  
unit price  or lump sum payment, payment plan  and similar issues.  
 
Societies that operate in the same field and/or sector may act jointly in the determination of  
tariffs, conclusion of contracts and other actions and transactions regarding the application  
of this Law.  
 
Where a joint tariff is made, c ollecting societies which operate in the same field must  
determine their capacity of representation in the field and the usage ratio of the works,  
performances, phonograms, productions and broadcasts that they represent and notify them  
to the Ministry.  In case an agreement  can not be reached  in the determination  of these  
ratios and/or they are not notified to the Ministry, a commission formed by the Ministry  
shall make that determination. Until such determination is made, users that have made a  
contract sha ll deposit the amount they are supposed to pay at a place of deposit determined  
by the court on demand of the Ministry. The amount so collected shall be distributed, after  
the working expenses of the commission are deducted, between the collecting societie s 
according  to the usage  ratio which  is determined  by the commission  or, in case the 
societies  can come  to an agreement  at any stage,  according  to the ratio on which  they 
agree. The commission shall be formed of one representative each of the Ministry, The  
Competition Authority and the concerned collecting societies. The representative of the  
Ministry shall at the same time act as the president of the commission. The decision of the  
commission is subject to judicial review; the competent court is the releva nt specialized  
court.  
 
The Ministry may ask for an interlocutory injunction to be issued against the distribution  
accounts of the collecting societies which are identified as not having fulfilled their duties  
of notification as required by  this Article, until the  completion of  such duties.  
 
The pursuit of the rights regarding all works, performances, phonograms, productions and  
broadcasts that are made public or published, of authors or related rights holders that are  
members  of a collecting  society,  shall be carried  out according  to the authorization  
certificate to be given to the collecting society. The rules and procedures regarding the  
authorization  certificate shall  be determined  with a  by-law to be  issued by  the Ministry.  
 
 
 
 
 
 25  (3) The Supervision  of Collecting  Societies  
 
Art. 42/B. (Addition:  3.3.2004  - 5101/13)  Collecting societies are under  the supervision  
of the Ministry with regard to administrative and financial issues. The Ministry may itself  
always audit whether collecting societies are fulfilling  their duties and obligations set out  
by this law, as well as asking  the collecting  societies  to have  this audit  done  by an 
independent audit firm. A copy of reports issued by such audit firms on the audit they have  
carried  out shall be  sent to the Ministr y. 
 
During the audit, it is compulsory to present or submit all kinds of books, document and  
information requested by those who are appointed to make the audit, to have the safe or  
cash register  controlled,  to fulfill  requests  such as entering  management  areas,  branches  
and annexes.  
 
If it is established  that collecting  societies,  
 
1. Do not fulfill  their duties  and obligations  laid down  by this article  and articles  42 and 
42/A  of this Law;  
 
2. Do not make  collections  and distributions  in compliance  with contracts  or make  wrong  
or unfair distributions;  
 
3. Do not set tariffs  in compliance  with the principles  laid down  by the third  paragraph  of 
article  42/A;  
 
the concerned collecting societies shall be warned once by writing; and if the fault has not  
been remedied within thirty days from the receipt of the warning, the collecting society  
shall  be warned for a  second time.  
 
In case the faults  mentioned in  the paragraph  above are still  not remedied within thirty  
days following the second warning or if legal irregularities in the records of the society or  
in its other actions and transactions are determined during the audits, the Ministry shall  
invite the members to hold an extraordinary general assembly at the latest within three  
months. Those persons who are  observed to have misused their authority in the actions and  
transactions of the society shall be dismissed from service as a precautionary measure until  
the extraordinary general assembly is held; the Ministry shall  make a new appointment in  
their place, or the  substitute member  next in line  shall be  called to duty.  
 
The provisions of this article and articles 42 and 42/A of this Law shall also apply to  
federations  that shall be  established under article  42. 
 
(4) Principles on the Broadcasting and/or Transmiss ion of Works, Performances,  
Phonograms  and Productions  
 
Art. 43. (Amendment:  3.3.2004  - 5101/14)  Radio -television  organizations,  cable  and 
satellite broadcasting organizations and organizations that shall carry out broadcasting  
and/or transmission by using  technical means now known or to be developed in the future,  
are obliged to obtain prior permission from rightholders regarding opera, ballet, and similar  
staged  works that they  shall use  in their broadcasts.  
 
For works, performances, phonograms and productions other than staged works, these  26  organizations are obliged to obtain permission from the collecting societies of the relevant  
field,  by concluding  a contract  in accordance  with article  52, to make  the payments  for 
such broadcasts and/or transmiss ions to such societies and to inform such societies of the  
lists of works,  performances, phonograms  and productions that they  have  used.  
 
Radio -television  organizations  that operate  under  the Law no. 3984  on the Establishment  
or Radio and Television Enterprises and their Broadcasts shall be classified by the Radio  
and Television Supreme Council; other organizations that carry out broadcasting and/or  
transmission  that are  outside  of said Law shall be  classified by  the Ministry.  
 
For the sectors in whic h they operate and in connection with the classification made,  
collecting  societies  of authors  and/or  related  rights  holders  shall  determine  the tariffs  for 
the payments  arising  from  the broadcasting  and/or  transmission  of the works,  
performances, phonograms and productions. Contracts between collecting societies and  
organizations shall be concluded based on these tariff amounts or based on other amounts  
that shall be  determined  as a result of  negotiations to be  made  by the parties.  
 
Paragraphs  four to thirteen  of article  41 of this Law shall  apply  to the notification  
obligation  of collecting  societies  regarding  their members  and works,  performances,  
phonograms and productions that they represent, the determination, announcement and  
negotiation of tariffs, conclusion of contracts, settlement of disputes and other matters.  
However,  the application  of the last sentence  of paragraph  six of article  41 is not 
compulsory  with regard  to organizations  that carry  out broadcasting  and/or  transmission.  
 
Furthe rmore, with regard to the application of paragraph 10 of article  41, the Turkish  
Radio  and Television  Corporation  may use works,  performances,  phonograms  and 
productions in its broadcasts by paying ¼ of the annual tariff determined by the collecting  
societies every  three  months.  
 
(5) Marking  of Intellectual  and Artistic  Works  
 
Art. 44. (Amendment:  7.6.1995  - 4110/18;  3.3.2004  - 5101/15;  28.12.2006  – 5571/2)  For 
the purpose of protection and effective pursuit of intellectual property rights, places which  
manufacture materials serving the fixation or reproduction of intellectual and artistic works  
and/or carry out the recording, reproduction and sale of such materials or distribute and  
supply to the public in any way, excluding places that only print periodi cals, shall be given  
a certificate by the Ministry against a fee. Places that are determined by the Ministry are  
obliged to maintain software approved  by the Ministry and hardware complying with  
criteria to be set by the Ministry, to form the necessary infrastructure and to inform to the  
Ministry transactions they carry out in each calendar year. Such places and economic rights  
holders are also jointly obliged to maintain codes complying with international standards  
and marks and serial numbers that are deemed necessary by the Ministry, on the materials  
carrying  works.  
 
(Amendment: 21.2.2001 - 4630/23) Natural and legal persons who manufacture or import  
for commercial  purposes  any kind of materials  carrying  works  such as blank  video  
cassettes, audio cassettes, computer discs, CDs, DVDs and all kinds of technical equipment  
which serve the reproduction of intellectual and artistic works are obliged to collect every  
month  and deposit,  until the middle  of the following  month  at the latest,  in a special  
account to be opened with a national bank in the name of the Ministry of Culture and  
Tourism, an amount to be determined by the Presidential Decree not exceeding 3% of the  27  manufacturing  or importation  costs.  (Addition:  14.7.2004  - 5217/17)  A  quarter  of the 
amounts collected in the special account shall be transferred to the account of the Ministry  
of Culture  Central  Accounting  Office  and shall be  recorded  as revenue  in the budget.  (With 
the 24th Article of the Decree Law dated 2/7/2018 and numbered 700 , the phrase “by the Council 
of Ministers” contained in th is paragraph of this Article is has been amended as “ by the 
President ial Decree ”.)  
 
(Amendment:  21.2.2001  – 4630/23;  14.7.2004  - 5217/17)  The amounts  remaining  in 
this account shall be used the purpo se of strengthening the intellectual property system and  
the execution of cultural and artistic activities. The rules and procedures concerning the  
distribution and use of these monies shall be determined with a by -law to be issued by the  
Ministry  of Cultu re and Tourism.  The allowance  which  is necessary  for activities  
concerning the protection of the cultural heritage within and outside the country shall be  
placed  in the  budget of the  Ministry.  
 
(Amendment: 3.3.2004 - 5101/15) Rules and procedures regarding  the application of this  
article and the fees to be collected shall be determined with a by -law to be issued by the  
Ministry  of Culture.  
 
(6) Payment  of a Share  of Sale Proceeds  of Works  of Fine  Arts  
 
Art. 45. (Amendment: 3.3.2004 - 5101/16) Each time the orig inals of works of fine arts,  
excluding architectural works, mentioned in article 4 of this Law or their copies which are  
deemed to be original works due to the fact that they were produced  by the author in  
limited numbers or under the supervision of the au thor and with his permission and were  
signed by the author or marked by him in another way, and the originals of works listed in  
subparagraph one of article 2 and article 3 that are handwritten by authors and composers  
change hands, within the protection p eriod, by sale at an exhibition or auction or at a store  
that sells such goods or in other ways subsequent to the sale by the author or his heirs, if  
there is a substantial disparity between such sale price and the previous sale price, at each  
sale, the na tural or legal person who effects the sale is obliged to pay an appropriate share  
of the price difference to the author, or, if the author is deceased, to his legal heirs up to  
(and including) the second degree and to his spouse and if such persons do not exist, to the  
collecting society of the relevant field, in accordance with the rules and procedures to be  
laid down by the Presidential Decree . 
 
The Presidential  decree  shall  stipulate;  
1. a share  tariff  to be determined  in proportion  to the amount  of the price  
difference,  not to exceed  10% of such difference;  
2. that sales  whose  proceeds  do not exceed  the amount  laid down  in the decree  
shall  be exempt from the  payment of a  share;  
3. which  branch  of the collecting  society  is to be deemed  the relevant  one for each 
type of work.  
The owner  of the enterprise  where  the sale took place  shall  be jointly  and severally  liable  
with the seller.  
 
In the event  of an executioner  sale, the share  shall  be paid only after all other  debts  have  been 
fully  paid.  
 
 28  The prescription  period  for the obligation  to pay a share  is five years  from  the sale that 
gives  rise to such obligation.  (With the 24th Article of the Decree Law dated 2/7/2018 and 
numbered 700 , the phrase “by a decree to be issued by the Council of Ministers” contained in the 
first paragraph of this Article is has been amended as “by the Presidential Decree” and the phrase 
“decree” contained in the second paragraph of this Article is has been amended as “The 
Presidential Decree”)   
 
(7) Right  of Use by the State  
 
Art. 46. (Amendment: 1.11.1983 - 2936/10) Works that have not yet been published or  
made public and whose author has not expressly prohibited reproduction and publication  
and which are preserved in public libraries, museums or similar institutions, shall belong to  
the public institution or organization in which they are kept, provided that the term of  
protection of economic rights has expired. The authority which shall give permission to  
persons who would like to benefit from such works for scientific and other reasons  and 
public institutions and organizations, the fees to be charged and the cultural purposes for  
which such fees shall be spent and other matters shall be determined by  regulation to be  
issued  by the Presidency . (With the 24th A rticle of the Decree Law No.  700 dated 2/7/2018,  the 
phrase “by a regulation to be issued by the Ministry of Culture and Tourism following consultation 
with relevant institutions.” included in this pa ragraph was amended as ''by  regulation to be issued 
by the Presidency”)  
 
(8) Expropriati on3 
 
Art. 47. (Amendment:  10.09.2014  - 6552/87)   
In order  for such a decision to be taken, the work must have been created in Türkiye  or by 
Turkish citizens  outside  of Türkiye . 
 
The decree  of the President  shall stipulate:  
 
1. The name of  the work  and of the  author;  
2. The authority  or establishment which shall  exercise rights;  
3. How  shall  the amount  of the remuneration  to be paid upon  rightholders’  request  be 
designated  and which  establishment shall pay  the aforementioned remuneration;  
4. In case that any profit  is obtained  from  the work,  for which  purposes  the profit  shall  be 
used.  
 
The work  which  is specified  in the decree  of the President has to be published  in the 
manner that the  work  can be  accessed by  public.  (With the 24th Article of the Decree Law No. 
700 dated 2/7/2018 , the phrases "Council of Ministers" in the second and third paragraphs of this 
Article have been amended as "President")  
 
 
 
3 This article’s  1st sentence  was revoked  by the Constitutional  Court’s  decision  (date:  14.05.2015;  file no: 
2014/177;  decision  no: 2015/49).  This decision  shall  be come  into force after 12/06/2016.  
 
 
 29  PART  FOUR  
CONTRACTS  AND  DISPOSALS  
 
A. DISPOSALS  INTER  VIVOS  
 
I. Original  Acquisition  
 
Art. 48. The author or his heirs may transfer to others the economic rights  granted  them  
by law, unrestricted or restricted as regards duration, place or scope, with or without  
consideration.  
 
The authority  only to exercise  the economic  rights  may also be granted  to another  
person  (license).  
 
Acts of disposal  specified  in the preceding  paragraphs  shall  be null and void,  if they 
relate  to a work  which  has not yet been  created  or shall  be completed  in future.  
 
II. Derivative  Acquisition  
 
Art. 49. A person  who has acquired  an economic  right  or a license  to exercise  such 
right from the  author or  his heirs may  transfer  such right or license  to another person  
only with the written  consent  of the author  or his heirs.  
 
Where the right of adaptation is transferred,  the consent of the author or his heirs shall  
also be necessary  as to the person  who has acquired  by derivative  transfer.  
 
III. Contracts  
 
(1) Future  Works  
 
Art. 50. Commitments  regarding  the acts of disposal  mentioned  in Articles  48 and 49 
shall  also be valid,  if they have  been  made  before  the creation  of work.  
 
Such  commitments  relating  to the whole  or a specific  category  of the works  of an 
author to be created in the future may be terminated by either contracting party with a  
notice  of one year.  
 
Such  commitments  shall  terminate  automatically,  if the author  dies or loses  the 
capacity to complete the  work before the completion of work or, if completion of work  
becomes impossible without any fault of  his own.  This rule shall also  apply  in cases  
when  the other  party  goes bankrupt  or is unable  to exercise  the economic  rights  
transferred  to him under  the contract  or, if the exercise  of such rights  becomes  
impossible  without  any fault of his own.  
 
 
 
 
 
 30  (2) Prospective  Possibilities  of Exploitation  
 
Art. 51. Contracts  concerning the transfer of economic rights,  which  are likely to  be 
granted to the author by future legislation, or their exercise by other persons, shall be null  
and void.  
 
The same provision shall apply to contracts concerning the renunciation or transfer of  
authorities which may arise from the extension of the scope or term of protection of  
economic  rights by  future  legislation.  
 
IV. Form  
Art. 52. Contracts  and disposals  concerning  economic  rights  shall  be in writing  and the 
rights  constituting  their subject matter  shall be  specified  individually.  
 
 
V. Warranty  
 
(1) Non-Existence  of Right  
Art. 53 . A person  who transfers an economic right or grants a license to exercise such  
right  shall  ensure  to the acquirer  the existence  of the right  in accordance  with Articles  
169 and 171 of  the Code  of Obligations.  
Claims  arising  from  torts and unjust  enrichment shall  be reserved.  
 
(2) Lack  of Authority  
Art. 54 . A person who acquires an economic right or a license to exercise such right from  
a person  without authority  to transfer  shall  not be  protected even  if he acted  in good  faith.  
A person who, without  authority,  transfers  an economic right or grants a license to  
exercise such right to another person shall be liable to pay compensation for the damages  
arising from the invalidity of the disposal, unless he proves that the other person was  
aware or should have been aware that  he had no authority. In case of fault the court may  
order greater compensation, if equity  requires.  
Claims  arising  from  torts and unjust  enrichment  shall  be reserved.  
 
VI. Rules  of Interpretation  
 
(1) Scope  
Art. 55 . Unless otherwise agreed, transfer of an economic right or the grant of a license  
shall  not extend to translation or  other  adaptation of  a work.  
 
 
 
 
 31   
(2) License  
Art. 56 . A license is non -exclusive, if it does not prohibit the holder of economic rights to  
grant  the same license  to others, and is  exclusive, if it  is granted only  to one person.  
Unless the contrary may be deduced from law or contract, all licenses shall be deemed to  
be non-exclusive.  
The provisions on usufructuary leases shall apply to non -exclusive licenses and those on  
usufruct  shall apply  to exclusive  licenses.  
 
(3) Transfer  of Ownership  
Art. 57 . Transfer of ownership of an original or of reproduced copies of a work shall not  
involve  the transfer of  intellectual  rights, unless otherwise  agreed.  
 
A person who has acquired the possession  of moulds or other devices for reproduction  
from the owner of the right of reproduction in a work of fine art shall, unless otherwise  
agreed,  be deemed to have  also acquired the right  of reproduction.  
(Revoked  paragraph:  21.2.2001 -4630/36 -f) 
 
 
VII. Right  of Rescission  
Art. 58. If the acquirer  of an economic  right  or a license  exercises  his rights  and 
authorities  insufficiently  within  the agreed  period  or, where  no period  has been  
determined, within a reasonable period of time and if thereby the author’s interests are  
significantly  violated, the  author may  rescind the  contract.  
The author desiring to exercise the right of rescission shall be obliged to grant the other  
party, upon notifying him by a notary public, a period of time adequate to sufficiently  
exercise  the rights  in the contract.  The grant  of such a period  shall  not be necessary,  if it 
is impossible for the other party to exercise such right or , if he refuses to exercise it or, if  
the grant of  such period would  significantly  jeopardize  the author’s  interests.  
The notice issued by the notary public shall give effect to the rescission of the contract, if  
the expiration date for the granted period exceeds inconclusively or , if it is not necessary  
to grant such a period. An action for objection against the rescission of the contract shall  
not be permitted  after four weeks  from the  date of  the notice  issued by  the notary  public.  
If the acquirer was not at fault for failure to exercise the economic rights, or greater fault  
may be attributed to the author, the acquirer may claim compensation in cases where  
equity  requires.  
The right of rescission may not be waived in advance and limitations precluding its  
exercise  for more  than two  years shall be  null and  void.  
 
 
 
 
 32  VIII.  Reversion  of the Right  to the Author  
Art. 59. If the author  or his  heirs  have  transferred  an economic  right  for a  specific  
purpose or for a definite period of time, the right  concerned  shall revert to the author  
when the purpose ceases to exist or the period expires. This provision sha ll not apply in  
case of death or bankruptcy of the acquirer of an economic right, transfer of which is not  
permitted under the contract, unless the nature of the work requires that the right be  
personally  exercised by  the acquirer.  
Licenses granted for a s pecific purpose or a definite period of time shall terminate in the  
cases  mentioned in the  first paragraph.  
 
B. RENUNCIATION  
Art. 60. The author or his heirs may renounce the economic rights  granted them by law  
by an authenticated document and publication in the official gazette, provided that their  
previous  disposals are  not prejudiced.  
As of its date of publication,  renunciation  shall  produce  the same  legal  effects  as expiry  
of the term  of protection.  
 
 
C. ATTACHMENT  AND  PLEDGE  
I. Not Permitted  Subject  Matters  
Art. 61. The provisions  of Articles  24 and 30 of the Law on Execution  and Bankruptcy  
being  reserved;  
1. Drafts  or originals  of a work  not yet made  public  that are in the ownership  of the 
author or  of one  of his heirs;  
2. Economic  rights  in works  referred  to in subparagraph  (1), except  cinematographic  
works;  
3. Non-pecuniary  claims  of the author  arising  from  transactions  concerning  his economic  
rights;  
may not be  the subject matter of legal or  contractual pledge, execution  or lien. 
 
 
II. Permitted  Subject  Matters  
Art. 62. In accordance  with the following  provisions;  
1. The draft  or original of  a work  that has  been made  public;  
2. Reproduced copies  of a published  work;  
3. Economic  rights  in a work  that has been  made  public,  provided  that the author's  moral  
interests worthy  of protection  are not prejudiced;  
4. Pecuniary  claims  of the author  arising  from  transactions  concerning  his economic  
rights;  
 33  may constitute  the subject matter  of legal or contractual  pledge, execution  or lien. 
In order to be valid, pledge contracts relating to  the subject matters listed in the first  
paragraph must be stipulated in writing. The pledged items shall be specified in the  
contract  individually.  
Moulds and other devices for reproduction relating to the works of fine arts may be  
temporarily taken from their possessors to the extent deemed necessary for the purposes  
of execution on the economic rights referred to in the subparagraph (3) of the first  
paragraph.  
Works of fine arts, except for works of architecture, and drafts of musical, scientific and  
literary  works  that belong  to the author  or to his heirs  may be temporarily  taken  from  
their possessors to the extent deemed necessary for the enforcement of execution on the  
economic  rights referred  to in subparagraph  (3) of the first paragraph.  
 
 
Ç. INHERITANCE  
I. In General  
Art. 63 . The economic rights granted by this Law shall be transferred by inheritance.  
Making  testamentary  disposals on economic  rights is permitted.  
 
II. Death  of One of the Joint  Authors of  a Work  
Art. 64 . If one of the persons who have created a work jointly dies before the work is  
completed or made public, his portion shall be distributed among the others. These are  
obliged to pay equitable remuneration to the heirs of the deceased joint author. Should they  
fail to agree  as to the  amoun t of such remuneration, it  shall be  determined  by the court.  
If one of the persons who have created a work jointly dies after the work has been made  
public, the other joint authors shall be free to decide whether or not they continue the  
union  with the heirs of  the deceased joint author.  
In case they decide  to continue  the union,  the surviving  joint authors  may request  the 
heirs  to appoint a representative to exercise  their rights in respect of the  union.  
If it is not decided  to continue  the union,  the provisions of  the first paragraph shall  apply.  
 
 
III. Multiple  Heirs  
Art. 65 . Where the estate of a deceased author contains economic rights granted by this  
Law and if a representative has been appointed  in accordance with Article 581 of the  
Civil  Code,  the representative  is obliged  to obtain  the consent  of the heirs  for any 
transaction  on such rights.  
 
 
 
 34  PART  FIVE  
CIVIL  AND  CRIMINAL  ACTIONS  
 
 
A. CIVIL  ACTIONS  
I. Action  for Cessation  of Infringement  
 
(1) In General  
Art. 66. Any person  whose  moral  and economic  rights  have  been  infringed  may bring  an 
action  against the infringer to cease  the infringement.  
 
If the infringement  has been  committed  by agents  or employees  of an enterprise  in the 
execution  of their duties,  legal  action  may also be brought  against  the owner  of such 
enterprise.  
 
It is not necessary  that the infringer  or the persons  referred  to in the second  paragraph  be 
at fault.  
The court shall order appropriate measures as required by the force of circumstances for  
the cessation of the infringement, by assessing the moral and economic rights of the  
author, the extent of the infringement, whether there is fault  and if there is, degree of  
fault, and the damages likely to be suffered by the infringer in case of the cessation of  
infringement.  
 
(Addition:  7.6.1995 -4110/19)  The author  may bring  an action  for cessation  and 
prevention  of infringement in place  of his residence  as well.  
 
(2) In Case  of Infringement  of Moral  Rights  
 
Art. 67 . Where a work which has not yet been made public is disclosed to the public  
without  the consent  of the author  or against  his wishes,  action  for cessation  of 
infringement may only be brought, if the reproduced copies have been disclosed to the  
public by way of publication. This provision shall also apply in cases where the author's  
name  is shown on the work against his wishes.  
 
If the author's name has not been shown on the work or has been shown wrongly or in  
such a way giving rise to confusion, and if the author has claimed the cessation of  
infringement in addition to the action fo r declaratory relief referred to in Art. 15, the  
infringer shall be obliged to show the author’s name on the original work and on the  
reproduced copies already in circulation.  The publication of the judgment in not more  
than three  newspapers may  be request ed at the  expense  of the  infringer.  
 
The provision of the second paragraph shall apply in the cases set out in Articles 32, 33,  
34, 35, 36, 39 and 40, if the source has been wrongly or incompletely designated or no  
source  is given.  
If the work  has been unl awfully  modified, the rightholder may  claim  the following:  
1. The author may claim that reproduction, publication, performance and broadcasting by  
radio of the modified work be prohibited and that the modifications in the reproduced  
copies already in circulation be corrected by the infringer or restored to their original  35  form. If the modification is made by publication in a newspaper or journal or by radio  
broadcasting, the author may claim the administrations of such newspapers, journals or  
broadcasting  organizations  that have  published  the modified  work  to correct  the 
modification  at the  expense  of the  infringer.  
2. (Amendment: 7.6.1995 - 4110/ 20) In the case of works of fine art the author may claim  
an announcement be made declaring that the m odification in the original work has not  
been made by him, or may claim that his name be removed or changed on the original. If  
it is possible to restore the work to its original form and if removal of the modification  
does not significantly prejudice the interests of the owner or of the public, the author may  
restore  the work to its original form.  
 
(3) In Case  of Infringement  of Economic  Rights  
Art. 68. (Amendment:  23.01.2008 -5728/137)  The right  holders  whose  permission  was 
not obtained may claim the payment of compensation of up to three times the amount that  
could have been demanded if the right had been granted by contract, or up to three times  
the current value which shall be determined under the provisions of this Law, from  
persons who adapt, reproduce, p erform or communicate to the public by devices enabling  
the transmission of signs, sounds and/or images the work, performance, phonogram or  
productions or  who distribute reproduced copies thereof  without written permission of  
the author pursuant to this  Law. 
If the reproduced copies have not been put up for sale, the right holder may claim that the  
reproduced  copies,  films,  moulds  and similar  devices  enabling  the reproduction  be 
destroyed or be surrendered to him in return for equitable remuneration not exc eeding  
their production cost price or may claim the payment of three times of the amount he  
would have demanded, if a contract had been concluded. These claims shall not remove  
the civil liability  of the person who has  undertaken the reproduction  without permission.  
If copies of a work reproduced without permission have been put up for sale, the right  
holder may use one of the alternatives mentioned in the second paragraph, as regards the  
copies  in the  possession of the  infringer.  
In order for the second a nd third paragraphs of this article to be implemented by right  
holders other than the author, a written permission of the author for reproduction pursuant  
to article  52  of this  Law is required.  
When  one of the right  holders  makes  a claim  pursuant  to the terms  of the second  and 
third paragraphs, the articles of the Code of Criminal Procedure regarding confiscation  
may not be  applied for any  purpose  other  than to  obtain  evidence.  
The person who claims remuneration may assert against the infringer, all rights  and 
authorities  he would have  enjoyed, had  he concluded a  contract  with the  infringer.  
 
II. Action  for Prevention  of Infringement  
Art. 69 . An author whose moral or economic rights are in threat of being infringed may  
bring an action to prevent the probable infringement. The same provision shall apply in  
cases  where  the infringement is likely  to continue  or recur.  
The provisions of the second, third and fourth paragraphs of Article 66 shall also apply in  
such case.  36   
III. Action  for Damages  
Art. 70 . (Amendment: 07.06.1995 -4110/ 22) Any person whose moral rights have been  
infringed may bring an action for moral damages for the moral injury he has suffered. In  
place  of or in addition  to such pecuniary  compensation  the court  may order  another  sort 
of compensation fo r moral damages.  
Any person  whose  economic  rights  have  been  infringed  may claim  compensation  under  
the provisions  governing  torts,  if the  infringer  is at fault.  
In the cases set out in the first and second paragraphs, the infringed person may, apart  
from the damages, also claim the profits gained by the infringing party. In such case, any  
sum demanded in accordance  with Article  68 shall be deducted from this amount.  
 
B. CRIMINAL  ACTIONS  
I. Offenses  
 
(1) Infringement  of Moral,  Economic  or Related  Rights  
Art. 71. (Amendment:  23.01.2008 -5728/138)  
Any person  who,  by infringing  the moral,  economic  and related  rights  regarding  
intellectual  and artistic works  protected  under this Law;  
1. adapts, performs, reproduces, changes, distributes, communicates to the public by  
devices enabling the transmission of signs, sounds or images or publishes a work,  
performance, phonogram or production without written permission of right holders or  
puts up for sale, sells, distributes by renting or lending or in any other way, buys for  
commercial purposes, imports or exports, possesses or stores for non -private use any  
works adapted or reproduced unlawfully, shall be sentenced to imprisonment from one  
year to five years or a judicial  fine.  
2. gives  a title to another  person’s  work  as his own work  shall  be sentenced  to 
imprisonment from six months to two years or a judicial fine. Where the offence is  
committed  by distributing  or publishing,  the upper  limit  of the penalty  of 
imprisonment  shall be five years  and no judicial  fine may  be imposed.  
3. cites from a work without referring to the source shall be sentenced to imprisonment  
from  six months to  two years  or a judicial  fine.  
4. makes a declaration to the public without permission of the right holders concerning  
the content of a work which has not yet been made public shall be sentenced to  
imprisonment  up to six months.  
5. gives a reference regarding a work in a wrong, incomplete or misleading way shall  
be sentenced  to imprisonment  up to six months.  
6. reproduces, distributes, publishes or broadca sts a work, performance, phonogram or  
a production by using the name of a well -known other person shall be  sentenced to  
imprisonment  from three  months to  one year  or a judicial  fine.  
 37  Persons who commit the offences mentioned in the first paragraph of the additional  
article  4 of this Law and content  providers  who continue  to infringe  the rights  
recognised under this Law shall be sentenced to imprisonment from three months to  
two years  unless  this act constitutes  another crime requiring a  greater  penalty.  
Where any person who puts up for sale, sells or buys a work, performance, phonogram  
or production which was produced, adapted, reproduced, distributed or broadcasted  
illegally provides information as to from whom he obtained such item and enables  
them  to be captured  before  the prosecution  process,  the penalty  to be imposed  may be 
omitted  or reduced.  
 
(2) Circumventing  Technological Measures  
Art. 72. (Amended wit h its title: 21/12/2021 -7346/1 A rt.) 
 
Any person who,  
- manufactures, imports, distributes, sells, rents or possesses the products and devices for 
commercial purposes,  
 
- provides the services of advertising, marketing, design or application of the products and 
devices , 
 
intended to circumvent effective technological measures provided with the protectio n or 
reproduction control mechanisms  such as access control or encryption methods on purpose 
of protecting  the rights laid down in this Law so as to control  the use of works, 
performances, phonograms, productions and publications, shall be sentenced to 
imprisonment from six months to two years.  
 
(3) Other  Offenses  
 
Art. 73. (Revoked: 23.01.2008 - 5728/578)  
 
II. Offender  
Art. 74. (Revoked: 23.01.2008 - 5728/578)  
 
III. Prosecution  and Recidivism  
 
Art. 75. (Amendment:  23.01.2008 -5728/140)  The investigation and prosecution  of the  
crimes specified in Articles 71 and 72 shall be subject to complaint. To make the complaint  
valid, the right holders or the affiliated collecting societies must submit the documents and  
other evidences proving their rights to the public prosecutor.  In case these documents and  
other evidences  are not  submitted  within  the period  of complaint,  a decision  of non - 
prosecution  shall be  issued.  
 
The moral and economic right holders shall be informed by the relevant natural or legal  
persons and especially b y the authorized persons of the Ministry of Education and the  
Ministry of Culture and Tourism to enable them to use their right of complaint due to the  
crimes whose prosecution and investigation are  subject to complaint in  accordance with  
this Law.  
 
Upon t he complaint the public prosecutor shall carry out the necessary procedures for  
confiscation of the property subject to the crime pursuant to Code of Criminal Procedure  38  numbered 5271. Where the public prosecutor considers it necessary he may also decide to  
stop business activities limited by the production of works alleged to have been produced  
illegally. However this decision shall be presented to the judge’s approval in twenty four  
hours. A decision which is not approved in twenty four hours by the judge shall be null and  
void.  
 
C. MISCELLANEOUS  PROVISIONS  
I. Jurisdiction  and Evidence  
 
Art. 76 . (Amendment: 23.01.2008 -5728/141)  
(Amendment of first paragraph: 22/12/2016 -6769/  Art.189) The competent courts in 
charge of the actions and affairs arising from the legal  relationships regulated by this Law 
and the criminal cases arising from this Law are the courts specified in the first paragraph 
of Article 156 of the Industrial Property Law.  
 
 
In the civil litigations to be initiated under this Law, if the plaintiff sub mits sufficient  
evidence to form a strong opinion as to the validity of his claims, the court may order that  
documents  of permission  and authorizations  required  by this Law or the lists of all 
protected works, phonograms, performances, films and broadcasts  be submitted by those  
who use such works, phonograms, performances, films and broadcasts,. The failure to  
submit such documents or lists shall constitute a presumption that all works, phonograms,  
performances,  films and  broadcasts have  been unlawfully  used.  
II. Precautionary  Measures  and Provisional  Seizure  at the Customs  
 
Art.77. (Amendment: 23.01.2008 -5728/142) Upon the request of the person whose rights  
have been violated or are under threat of violation or the collecting societies, the civil court  
may o rder the other party, before or after the commencement of the  proceedings on the  
merits of the case, to perform certain acts or to refrain from performing them or to open or  
close the premises where the act is being committed, or may order as a precautiona ry 
measure the preservation of the reproduced copies of a work or moulds and other similar  
devices for reproduction exclusively enabling the manufacture of such copies, if such an  
order is deemed necessary for the prevention of a substantial injury or an i nstantaneous  
danger or accomplished facts or any other reason and if the claims asserted are considered  
to be strongly probable. It shall be stated in the order that non -compliance with the order  
shall result in criminal consequences as provided in Article  343 of the Law on Execution  
and Bankruptcy.  
 
The provision of Article 57 of the  Customs  Law no. 4458 shall be  applied during the  
import or export of the copies, which require sanctions in case an infringement of rights is  
likely  to occur.  
 
The procedure regarding the seizure of such copies by the Customs Authorities shall be  
implemented  in accordance  with the  related provisions of the  Customs  Regulation.  
 
 
III. Publication  of the Judgment  
 
Art. 78. Except  for the case referred  to in the second  paragraph  of Article  67, the 
successful party may request that the final judgment (res juidicata) be published, in full or  
in part, by newspaper  or similar  means  at the expense of the  other party, if  he has  a 39  justified  reason or interest.  
 
The form and content of the publication  shall be  laid down  in the  judgment.  
 
The right to request such publication shall lapse, if not exercised within three months from  
the date on which the  judgment becomes final.  
 
IV. Seizure, Confiscation and Destruction  
Art. 79. (Revoked: 23.01.2008  - 5728/578)  
 
 
PART SIX  
MISCELLANEOUS  PROVISIONS  
 
A. RELATED  RIGHTS  AND  PREVENTION  OF INFRINGEMENT  
I. Related  Rights  
Article  80. (Amendment: 21.2.2001 - 4630/32)  The related  rights  are as follows:  
 
1. Neighbouring  rights:  
 
Without prejudice to the moral and economics rights of the author and with the permission  
of the author performers who interpret, introduce, recite, sing, play and perform a work in  
various ways and in an original form, phonogram producers that make the first fixation of  
sounds  that are the result  of a performance  or other  sounds,  and radio -television  
organizations  shall have  the following  neighbouring  rights.  
 
A. Performers  shall  have the  following  rights:  
 
(1) Independently of performers’ economic rights, and even after the transfer of those  
rights, the performers shall as regards their fixed performances have the right to claim to be  
identified as the performer of their performances except where omission is dictated by the  
manner of the use of the performance and claim the prevention of any d istortion and  
mutilation  of their performances that  would be  prejudicial to  their reputation.  
 
(2) A performer who interprets a work in an original form with the permission of its author  
shall  have  the exclusive  right  of authorizing  or prohibiting  the fixation  of such 
performance,  reproduction,  sale, distribution,  rental  and lending  of such fixation,  
communication of such fixation to the public by devices permitting transmission of signs,  
sounds  and/or  images  as well as its re -transmission and  performance.  
 
(3) A performer shall have the right of authorizing or prohibiting the distribution by sale or  
any other way of the original or the copies of his fixed performances which have not yet  
been  put up for  sale or  distributed  in any  other way  in the  domestic  market.  
 
(4) A performer shall have the right of authorizing or prohibiting the sale of the original or  
reproduced copies of his fixed performance by wire or wireless means, or  the distribution  
or other supply and communication of such performance or reproduced copies to the public  
by providing access to them at a time and place chosen by natural persons. Distribution and  40  supply of performances  by means of communication to the public shall not prejudice  
performer’s  right of distribution.  
 
(5) Performers may transfer these r ights to a producer by contract in return for equitable  
remuneration.  
 
(6) Where the performance is carried out by an orchestra, a chorus or a theatrical group, the  
permission of only the conductor in case of orchestra or chorus or of the director in case of  
theatrical  group  shall be  sufficient.  
 
(7) As regards  performances  carried  out as a result  of the business  activity  of an 
entrepreneur and on the basis of a contract, the permission of the entrepreneur shall also be  
required.  
 
B. Phonogram producers that make the first fixation of sounds which are the result of a  
performance or other sounds shall have the following rights after acquiring authority to  
exercise  economic  rights  from the  author and the  performer.  
 
(1) The right of authorizing or prohibiting the direct or i ndirect reproduction, distribution,  
sale, rental and lending to the public of the fixation which was made with the permission of  
the author and performer shall belong exclusively to the phonogram producer. Producers  
shall have the exclusive right of author izing the communication of their fixations to the  
public by devices permitting the transmission of signs,  sounds  and/or images  and re - 
transmission  of such fixations.  
 
(2) A phonogram  producer  shall  have  the right  of authorizing  and prohibiting  the 
distribution by sale or any other way, of the original or the reproduced copies of his  
fixations which have not yet been put up for sale or distributed in any other way in the  
domestic  market.  
 
(3) A phonogram producer shall have the right of authorizing or pr ohibiting the sale of the  
fixations of the performances by wire or wireless means or the distribution or other supply  
and communication of such fixations to the public by providing access to them at a time  
and place chosen by natural persons. Distribution and supply of fixations by means of  
communication  to the  public shall  not prejudice  producer’s  right  of distribution.  
 
C. (Amendment:  3.3.2004 -5101/23)  Radio -television  organizations  shall  fulfill  the 
obligations prescribed by this Law. Radio -television organ izations shall have the following  
exclusive  rights  on the broadcasts they  produce:  
(1) Authorizing  or prohibiting  the fixation  of their broadcasts,  their simultaneous  
transmission  by other  broadcasting  organizations,  their delayed  transmission,  their re- 
transmission,  and their  distribution via satellite or  cable;  
(2) Authorizing or prohibiting the direct or indirect reproduction and distribution by any  
technique  or method of  their broadcasts except for private use;  
(3) Authorizing  or prohibiting  the transmission of their broadcasts  at public  premises;  
(4) Authorizing the communication of their fixed broadcasts to the public by providing  
access to them at  a time  and place  chosen by  natural persons;  
(5) Authorizing  or prohibiting  the communication  of their broadcast  signals  on 
communication satellites or signals directed at them to the public by another broadcasting  41  organization or cable operator or other third parties as well as the decrypting of their  
encrypted  broadcasts.  
 
2. Film producers that make the first fixation of films shall have the following rights after  
acquiring  authority  to exercise  economic  rights  from the  author and the  performer:  
 
(1) A film producer shall have the exclusive right of authorizing or prohibiting the direct or  
indirect reproduction, distribution, sale, rental and lending to the public of the fixation , 
which was made with the permission of the author and the performer. Producers shall have  
the exclusive right of authorizing the communication of their fixations to the public by  
devices  permitting  the transmission  of signs,  sounds  and/or  images  and their re- 
transmission.  
 
(2) A film producer shall have the right of authorizing or prohibiting the distribution  by 
sale or any other way, of the original or the reproduced copies of film fixations which have  
not yet been put  up for  sale or  distributed in any  other way  in the  domestic  market.  
 
(3) A film producer shall have the right of authorizing or prohibiting the sale of film  
fixations by wire or wireless means, or the distribution or other supply and communica tion 
of such fixations to the public by providing access to them at a time and place chosen by  
natural persons. Distribution and supply of fixations by means of communication to the  
public  shall  not prejudice  producer’s right of  distribution.  
 
In case perf ormances fixed on phonograms and films are  communicated to the public in  
any manner, persons using them shall be obliged to pay an equitable remuneration to the  
authors as well as the performers and producers or the collecting societies of the related  
field. 
 
A natural or legal person whose name appears in the usual manner on a cinematographic  
work shall, in the absence of proof to the contrary, be presumed as the producer that has  
made  the first fixation of  the film.  
 
After transferring their economic rights to the producer making the first fixation of films,  
joint authors of cinematographic works may not object to the dubbing or subtitling of the  
film, provided that nothing to the contrary or no special provision is stipulated in the  
contract  . 
 
The au thor of a musical work shall maintain the right to broadcast and perform his work,  
provided that the provisions of the contract concluded between him and the producer  
making  the first fixation  of films are  reserved.  
 
The permissions granted by neighbouring  rights holders and the producers that make the  
first fixation of  films must be in  writing.  
 
The written  permission  of the neighbouring  rights  holders  and the film producer  shall  not 
be necessary  in the  cases  set out below;  
 
1. Performance and communication of intellectual and artistic works to the public for  
purposes of public order, education and instruction, scientific research or news without  
aiming  for profit;  42  2. Reproduction  of intellectual  and artistic  works  and radio  television  programs  for 
broadcasting  and personal  use without aiming  for profit;  
 
3. Ephemeral  fixations  made  by radio -television  organizations  by means  of their own 
facilities  and for their own broadcasts;  
 
4. The cases  specified  in Articles  30, 32, 34,  35, 43, 46  and 47 of  this Law.  
 
However, such application may not prejudice the legitimate interests of the rightholders  
without  good reason or  conflict with  the normal exploitation of the  work.  
 
Like authors, related rights holders shall also enjoy the right to bring actions for cessation  
and prevention of  infringement as well as for  compensation.  
 
(Amendment:  3.3.2004 -5101/23)  (Last  paragraph  Revoked:  23.01.2008  - 5728/578)  
 
II. Prevention  of Infringement  of Rights  
 
Art. 81 . (Amendment: 23.01.2008 -5728/143) It is compulsory to affix banderoles on the  
reproduced  copies  of musical  and cinematographic  works  and on non-periodical  
publications. It is also compulsory, upon the request of the author or right holder, to affix  
banderoles on the reproduced copies of other works that can be easi ly copied. Banderoles  
shall be printed and sold by the Ministry. Banderoles may also be sold through the agency  
of the collecting  societies  at the  sale price  determined  by the Ministry.  
 
In order to obtain banderoles for a work, the applicant must fill out  an obligation form  
declaring him/her to be the legitimate right holder. Applications shall be accompanied by  
other documents required by the Ministry. Upon this application the Ministry is obliged to  
issue banderoles within ten working days without the ne ed for further action. The Ministry  
can not be held  responsible for these  procedures  which are  based on declaration.  
 
Places which manufacture materials enabling the fixation and reproduction of copies on  
which the  affixation of  banderoles  is compulsory or  those  which  carry out the recording  
and reproduction of such materials shall be obliged to obtain a copy of the obligation form  
referred  to in this Article,  keep  it, and submit  it to the competent  authorities  when  
requested.  
Any person who reproduces a work in contravention of the banderole requirements or  
without a banderaole and puts it up for sale, sells, distributes or buys or accepts due to  
commercial purposes shall be sentenced to imprisonment  from  one year to five  years or  
a judicial  fine up to five thousand  days.  
 
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. When required, representatives of the  
Ministry and the representatives of the collecting societies in the relevant fields may also  
take duty in these  commissions.  43  Where a violation regarding the rights protected under the terms of this Law is determined  
during these inspections, proceedings shall be carried out according to t he third paragraph  
of Article 75.  
 
It is prohibited to sell even lawfully reproduced copies bearing banderoles which are under  
the protection of this Law on roads, squares, open air markets, sidewalks, piers, bridges or  
similar places. Any person who acts against the prohibition shall be punished according to  
the first paragraph of  Article  38 of  Law of  Misdemeanors.  
 
The rules  and procedures  regarding  the application  of matters  laid down  in this Article  
shall  be stipulated in a by -law to be issued by  the Ministry.  
 
Any person  who produces,  puts up for sale, sells,  distributes,  buys,  accepts  or uses 
counterfeit banderoles shall be sentenced  to imprisonment from three years to seven years  
and a judicial fine  up to five thousand days.  
 
Any person who uses dul y obtained banderoles on another work shall be sentenced to  
imprisonment from one year to five years and a judicial fine up to one thousand and five  
hundred  days.  
 
Any person who obtains banderoles by collusive behaviors and without authority shall be  
sentenced  to imprisonment from one  year to three  years.  
 
Any person  who provides  banderoles  to unauthorized  persons  shall  be sentenced  to 
imprisonment  from  two years  to five  years and a  judicial fine  up to  five thousand days.  
 
(13 th  paragraph is revoked with Constitutional Court’s Decision; dated 12/6/2020, File 
No:2019/74 – Decision No: 2020/29)   
 
Where one of the offences determined in this Law  is committed by a legal person within  
the framework of its activity, the security measur es specific to legal persons in Turkish  
Criminal Code  shall be ordered.  
III. Scope  and Term  of Related  Rights  
Art. 82 - (Amendment: 7.6.1995 - 4110/ 28; 21.02.2001 - 4630/34) The provisions of  
this Law pertaining to the  performers  shall  apply  to: 
1. Performers  who are nationals  of the Republic  of Türkiye ; 
 
2. Performers not being nationals of the Republic of Türkiye , whose performances are  
carried out on the territory of the Republic  of Türkiye , included in phonograms or in the  
first fixations of films to which the provisions of this Law apply and not being fixed in a  
phonogram  or film,  broadcast  in radio -television  broadcasts  to which  the provisions  of 
this Law apply.  
The provisions of this Law pertaining to the phonograms and the first  fixation of films  
shall  apply  to phonograms and films:  
1. Whose  producers  are nationals  of the Republic  of Türkiye  or; 44  2. Which  are on the territory  of the Republic  of Türkiye . 
 
The provisions of this Law pertaining to the radio -television broadcasts shall apply to  
radio -television  programs:  
1. Whose  place  of origin  is situated  on the territory  of the Republic  of Türkiye ; 
2. Which are broadcast from a transmitter situated on the territory of the Republic of  
Türkiye . 
The provisions of this Law pertaining to the related rights shall also apply to performers,  
producers and radio -television organizations that are protected under the provisions of an  
international  treaty  to which  the Republic  of Türkiye  is party.  
The rights of performers shall last for 70 years from  the date  of first fixation of the  
performance. If their performances have not yet been fixed, the term shall begin with the  
date on which  the performance  is first made  public.  
The rights  of producers  shall  last for 70 years  from  the date of first fixation.  
The rig hts of radio -television organizations shall last for 70 years from the date on which  
the program was first broadcast.  
 
 
B. UNFAIR  COMPETITION  
I. Titles  and Distinctive  Signs  
 
Art. 83 . The title and distinctive signs of a work and the form of the reproduced copies of  
such work may not be used in another work or in its reproduced copies in such way as to  
give rise to confusion.  
 
The provision  of the first paragraph  shall  not apply  to titles,  distinctive  signs  and 
exterior  forms  that lack a distinguishing  character  and are in general  use. 
 
The application of this article shall not depend on the fulfillment of the requirements laid  
down  in Parts  One,  Two and Three  of this Law.  
The provision of Article 14 of the Press Law pertaining to the titles of periodica ls shall be  
reserved.  
The provisions  governing  unfair  competition  shall  apply  to persons  who infringe  
provisions  of the first paragraph  of this Article,  even  if they are not merchants.  
 
 
II. Sign,  Image  and Sound  
Art. 84. Any person  who fixes  signs,  images  or sounds  on a device  permitting  the 
transmission of such elements or who lawfully reproduces or distributes the same for  
commercial purposes, may prohibit the reproduction or distribution of the same  signs,  
images  or sounds by  another person using  the same means.  
 
The provisions  governing  unfair  competition  shall  apply  to persons  who infringe  the 45  provisions  of the first paragraph  of this Article  even  if they are not merchants.  
 
The provisions  of this Article  shall  also apply  to all kinds  of photographs,  images  fixed  
by similar  means  and cinematographic  productions  that do not qualify as  works.  
 
 
III. Letters  
Art. 85- Even if they do  not qualify as  works, letters, memoirs and similar writings may  
not be published  without  the consent  of their authors  or, in case of their death,  without  
the consent  of the persons  referred  to in the first paragraph  of Article  19; consent  shall  
not be necessary  once  ten years  have  elapsed  after the death  of the author.  
In addition  to the conditions  prescribed  in the first paragraph,  letters  may not be 
published  without  the consent  of the addressee  or, in case of his death,  without  the 
consent of the persons referred to in the first paragraph of Article 19; consent shall not be  
necessary once  ten years  have  elapsed  after the death  of the addressee.  
(Amendment:  23.01.2008 -5728/144)  The provisions  of Article  49 of the Code  of 
Obligations and Articles 132, 134, 139 and 140 of  the Turkish Criminal Code shall apply  
to persons  who act contrary  to the provisions  of the preceding  paragraphs.  
(Amendment: 23.01.2008 -5728/144) The provisions of Article 24 of  the Turkish Civil  
Code  numbered  4721  shall  be reserved  in cases  where  publication  is permitted  in 
accordance  with the first and second  paragraphs  of this Article.  
 
D. PICTURES  AND  PORTRAITS  
I. In General  
Art. 86- Even  if they do not qualify  as works,  pictures  and portraits  may not be exhibited  
or disclosed to the public in any other way without the consent of the person depicted in  
such picture  or portrait  or, in case of his death,  without  the consent  of the persons  
referred to in the first paragraph  of Article  19, unless 10  years  have  elapsed  after the  
death  of the person  depicted.  
The consent  referred  to in the first paragraph  shall  not be necessary  for: 
1. Pictures  of persons  who have  played  a role in the political  and social  life of the 
country;  
2. Pictures  of parades,  official  gatherings  or public  meetings  at which  the depicted  
persons  participated;  
3. Pictures  relating  to current  events,  radio  and film news.  
(Amendment:  23.01.2008 -5728/145)  The provisions  of Article  49 of the Code  of 
Obligations and, if the conditions are met,  Articles 134, 139 and 140 of  the Turkish  
Criminal  Code  shall  apply  to persons  who act contrary  to the provision  of the first 
paragraph.  
(Amendment:  23.01.2008 -5728/145) The provisions of Article 24 of Turkish Civil Code  
shall  be reserved  in cases  where  publication  is permitted  under  the provisions  of the first 46  and second  paragraphs.  
 
 
II. Exceptions  
 
Art. 87 . Unless otherwise agreed, the picture or portrait of a person made to order may be  
photographed  by the person who  ordered it, or the  person depicted in it  or their heirs.  
 
This provision  shall  not apply  to pictures  and portraits  made  by printing  methods.  
However,  if the supply  of such pictures  and portraits  for the persons  referred  to in the 
first paragraph is impossible or causes serious difficulty, they may be photographed  as 
well.  
 
E. CONFLICT  OF LAWS  
Art. 88. (Revoked:  27/11/2007 -5718/64)  
Additional Art. 1 - The regulations to be issued pursuant to this Law shall be  published in 
the Official Gazette.  (With the 24th article of the Decree Law No. 700 dated 2/7/2018 , the " The 
regulations and by -laws to be issued pursuant to this Law shall be prepared within six months and " 
contained i n this paragraph demanded as ''  The regulations to  be issued pursuant to this Law ''.) 
 
Additional Art. 2 - (Addition: 7.6.1995 - 4110/ 29; Amendment: 21/2001 -4630/35) The  
protection  granted  by this Law shall apply  to; 
 
1- All works, fixed performances and phonograms existing in Türkiye  at the moment of  
entering into force of the amendment of this Article, which have been produced by authors  
and related  rights  holders  who are  nationals of the  Republic  of Türkiye , 
2- Foreign wor ks, fixed performances and phonograms, which have been produced in other  
countries that are party to international  conventions and agreements to  which Türkiye  is 
also a party and which have not fallen into the public domain since the term of protection  
has not expired at  the moment of  entering  into force  of the amendment of  this Article.  
 
Persons, who own the legal copies of works, fixed performances and phonograms which  
fall under protection as a result of application of the first paragraph, may sell or dispose of  
such copies until the end of six months following the date of entry into force of this Law  
without  the requirement  of any  written permission.  
 
The exercise of rights  granted to the authors and other rightholders within  the framework  
of this Law concerning works, fixed performances and phonograms shall, however, be  
subject  to the permission  of authors or  related  rights holders.  
 
The provisions of this Law pertaining to the ownership of cinematographic works shall  
apply  to cinematographic  works  the production  of which  has been  commenced  after 
12.06.1995  when the  Law No. 4110 entered  into force.  
Additional  Art. 3- (Addition:  7.6.1995 - 4110/  30) The principles  regarding  the 
application of neighbouring rights shall be set out in a by -law to be issued within six  
months  from  the date of entry  into force  of this law. 
Additional Art. 4 - (Addition: 21.2.2001 -4630/37) Information which identifies the work,  47  the author  of the work,  the holder  of any right  in the work  or information  about  the terms  
and conditions  of use of the work,  and any numbers  or codes  that represent  such 
information attached to a copy of a work or appear in connection with the communication  
of a work to the public may not be removed or altered. The originals or copies of the works  
on which the information and numbers or codes representing this information have been  
altered  or removed  may not be distributed,  imported  for distribution,  broadcast  or 
communicated  to the public.  
 
The provisions  of the preceding  paragraph  shall  also apply  to phonograms  and 
performances  fixed on phonograms.  
(Amendment: 3.3.2004 -5101/25) In case where rights of authors and related rights holders  
granted by this Law have been violated by providers of service and content through the  
transmission of signs, sounds, and/or images including digital transmission,  the works  
which  are subject  of the violation  shall,  upon  the application  of the rightholders,  be 
removed  from  the content.  Natural  or legal  persons  whose  rights  have  been  violated  shall  
to this end init ially contact with the content provider and request that the violation be  
ceased within three days. Should the violation continue, a request shall next be made to the  
public  prosecutor  requiring  that the service  being  provided  to the content  provider  
persisting in the violation be suspended within three days by the relevant service provider.  
The service being provided to the content provider shall be restored, if the violation is  
ceased. Service providers shall submit a list of the names of their conte nt providers to the  
Ministry on the first working day of every month. Service providers and content providers  
are obliged to submit all kinds of information and documents when requested by the  
Ministry. The rules and procedures regarding the application of  the provisions of this  
Article  shall be  stipulated in a by -law to be  issued  by the Ministry.  
(Amendment:  3.3.2004 -5101/25) (Revoked: 23.01.2008  - 5728/578)  
Additional  Article  5-(Addition:  21.2.2001 -4630/38)  (Revoked:  22.02.2012 – 6279/13)  
Additional Art. 6- (Addition: 21.2.2001 -4630/39) The expression “Culture and Tourism”  
as referred to in  this Law has been amended as  “Culture”.  
Additional  Art. 7- (Addition:  03.03.2004 -5101/26;  Amendment:  14.7.2004 -5217/17):  The 
fees to be  received;  
a) For recording  and registration  in accordance with  Article 13;  
b) For recourse  to the  Conciliatory  Commission in accordance  with Article  41; 
c) For obtaining  banderoles  in accordance  with Article  81 of  this Law 
shall be deposited in the account of the Central Accounting Office of the Ministry of  
Culture and Tourism and shall be entered as revenue in the budget. An allocation for  
banderole  costs shall be  charged in  the budget of the  Ministry.  
An amount  to be calculated  by multiplying  the index  value  of 2000  by the  monthly  
coefficient  for civil servants  shall  be paid per meeting  day as attendance  fee to the 
members  of the commissions  to be set up in accordance  with Article  41 – not exceeding  
ten meeting  days per  annum.  
Additional  Art. 8- (Addition:  03.03.2004 -5101/26)  The maker  of a database  who has 
made  qualitatively  and/or  quantitatively  substantial  investment  in either  creation,  
verification  or presentation of  the contents  shall have  the right of  permitting  or prohibiting;  48  a) Permanent or temporary  transfer to another  medium by  any means and  in any form,  
b) Distribution  or sale, rental or  communication  to the  public in  any way,  
 
of all or a substantial part of the content of the database contents with the exceptions  
specified in this Law and required by purposes of  public security and administrative and  
judicial  procedures.  
 
Term of protection granted to the maker of a database shall be 15 years from the date of  
being  made  public  of the database.  
 
After every qualitative and quantitative addition, removal, or modifi cation producing a  
substantial change in the contents of the database and requiring a new investment, the new  
database resulting  from  such investment  shall  qualify  for its own conditions  of protection.  
 
The provisions of Article 72, subparagraph (3) of this Law shall apply to those who violate  
the rights  granted by  this Article.  
 
Additional Art. 9 - (Addition: 3.3.2004 -5101/26) For the purpose of ensuring the pursuit  
and protection of intellectual property rights and in order to use in investigations and  
prosecutions, the Ministry shall form a joint database including the collecting societies,  
public premises, the radio -television organizations mentioned in this Law, and the places  
which manufacture materials enabling the fixation and reproduction of intel lectual and  
artistic works and/or carry out the recording, reproduction and sale of such materials or  
distribute  them in any  way.  
 
All other matters relating to the technical infrastructure and equipment required, access,  
use, authorization, and formation of the  database shall be stipulated in  a by-law to be  
issued by  the Ministry.  
 
Additional Art. 10 -(Amendment: 23.01.2008 -5728/146) An administrative fine shall be  
imposed  in cases set out  below:  
 
1. A fine from ten thousand to thirty thousand Turkish Liras shall be imposed by  
the local representatives of central government to persons who operate without obtaining  
the certificates  which  should have  been  obtained in  accordance  with Article 44.  4 
The maximum limit of the fine to be imposed on the relevant legal  person is fifty thousand  
Turkish  Liras.  
2. (Revoked: 22.02.2012  – 6279/13)  
Fifty percent of the collected administrative fines imposed pursuant to this article shall be  
transferred  to the  account  of the  Ministry  of Culture  and Tourism.  
Additional Art. 11 -(Addition:03.03.2004 -5101/26) It is permitted to reproduce or lend  
scientific and literary works in writing including school books that have been made public  
or published, without obtaining the permissions prescribed by this Law and without any  
commercial purpose in the form of cassettes, CDs, Braille alphabet, and similar formats by  
a person  with disability  for his/her  own use or by another person  acting  on behalf  of him in 
 
4 The first phrase of this paragraph was revoked according to decision of the Constitutional Court (3/7/2014 – 
F ile No:2014/62, Decision N o:2014/125 ). The cancellation shall enter into force six months later than the  
publication  of the decision  in the Off icial Gazette in  12/12/2014.  49  a single  copy,  or by educational  institutions,  foundations,  associations,  and the like 
providing services for the benefit of the people with disability in the quantity required,  
provided that no such  copies have already been produced  for the use of people with  
disability. Such copies may in no way be sold, put into commercial use and used and  
allowed to be used for other than their intended purpose. Furthermore, it is compulsory to  
show information relating t o rightholders and indicate the purpose of reproduction on the  
copies.  
  Premium  
Additional  Art. 12- (28.12.2006 -5571/3) - In case where  copies  and publications which 
have been reproduced in contravention to the Art. 81 of this Law are  captured, the 
preside nt and members of the inspection commission, charged with the duty  of prevention,  
monitory  and investigation,  who are public  servants  and have  actually  participated in the 
process of capture of the materials constituting the subject of the offense  within the 
framework of the provisions of this Law and other related legislation, shall be  paid a 
premium.  
 
The aggregate amount of the premium to be paid to the president and members of the  
inspection commission as a result of the seizures made in the framework of an operation of  
inspection may not exceed the amount calculated by multiplying the index value of 50000  
by the monthly coefficient for civil servants. The premium shall be shared equally among  
the persons concerned. The annual aggregate amount of the pr emium to be paid per person  
may not exceed the amount calculated by multiplying the index value of 40000 by the  
monthly  coefficient for civil servants.  
 
Fifty percent of the premium shall be paid after the decision of confiscation of the court, if  
copies and publications have been captured without their possessors, and after the public  
prosecution  has been  initiated,  if they have  been  captured  with their possessors,  the 
remaining  fifty percent  shall  be paid within  one month  from  the final decision  of 
confi scation  or conviction from the  relevant  item of  the Ministry  budget.  
 
No premium shall be paid in case legal copies which have been sold at the premises, where  
sale is prohibited  according  to subparagraph (7)  of Article 81  of this Law,  are seized.  
 
The premium to be paid in accordance with this article shall not be subject to tax and other  
deductions.  
 
The rules and procedures regarding the formation and principles of operation of inspection  
commissions and indexes to be determined in the calculation of premium by taking into  
consideration the nature and quantity of the seized material and other rules and procedures  
regarding the implementation of this Article shall be stipulated in a by -law issued by the  
Ministry  upon the approval of Ministry  of Interior  and Ministry  of Finance.  
 
 
F. PROVISIONAL  ARTICLES  
I. Transitional  Provisions  
 
(1) In General  
Provisional  Art. 1. Unless  otherwise  determined  in the following  articles,  the provisions  50  of this Law shall also apply to works first disclosed to the public on the territory of the  
Republic  of Türkiye  or entered  in the register  prior  to the entry  into force  of this 
Law.  This provision shall apply even where the Copyright Law of May 8, 1326 (1910), did 
not apply  to such works  or products.  
The term of protection  for works  which  had been  made  public  prior  to the entry  into 
force  of this Law shall  be calculated  in accordance  with this Law.  
The terms  "copyright,"  "literary  property,"  "property  of fine arts" and similar  
expressions used in other laws and treaties shall be deemed to mean rights and authorities  
granted  by this law in similar  conditions.  
 
If the rights in a work or exercise of such rights have been granted in whole or in part to  
another person prior to the entry into force of this Law, the ne w and broader rights and  
authorities  granted  by this Law to the author  shall  not be deemed  to have  been  
transferred.  The same  provision  shall  also apply,  if the term of protection  under  this Law 
is longer than the term granted by the former Law or, if the former Law did not protect  
works  and products  protected  by this Law.  
 
(2) Protection  of Acquired  Rights  
 
Provisional Art. 2.  If the term of protection  granted by the former Law is longer, such  
term shall  apply to  works  published  prior  to the date of publication  of this Law.  
 
If a lawful  translation  or adaptation  of a work  was published  prior  to the entry  into force  
of this Law, the rights and authorities acquired in accordance with the former Law by the  
person  who translated  or adapted  shall  not be prejudiced.  
 
If the publication of a translation permitted by the former Law but prohibited by this Law  
was commenced  prior  to the entry  into force  of this Law such publication  may be 
completed.  Such  publication  period  may however  not exceed  one year.  This provision  
shall also apply to  translations  delivered to be performed by performing organizations in  
the public  premises.  
If the reproduction was permitted under the former Law, but is prohibited under this Law  
and the reproduction of a work had been commenced at the date of entry into force of this  
Law,  reproduction  may be completed  and the reproduced  copies  may be distributed.  
The distribution of copies existing at the date of entry into force of this Law and whose  
reproduction  was permitted  under  the provisions  of the former  Law may be continued.  
The same provision shall apply to devices enabling the transmission of signs, images and  
sounds  and to moulds  and similar  means  enabling  the reproduction  of works  of fine arts. 
Any person desiring to exercise the authority granted by the preceding paragraph shall be  
required to declare such copies and devices to the competent authority and have  them  
sealed  within  six months  of the date of entry into  force  of this Law.  
Where  necessary,  details  may be specified  in a by-law. 
Provisional Art. 3. (Addition: 01.11.1983 - 2936/17) The president and members of the  
boards of the compulsory organs of the collecting societies and the federation shall be  
determined  by a Decree  of the Council  of Ministers,  upon  the proposal  of the Ministry  of 51  Culture, until the number of members required by the regulation for convening the first  
general  assembly  has been  attained  and an election  can be held.  
Provisional Art. 4 . (Addition: 01.11.1983 - 2936/17) Decree of the Council of Ministers  
No. 8/423  of March  15, 1980,  issued  pursuant  to Article  43 of Law No. 5846  on 
Intellectual and Artistic Works, and the payment tariffs to be issued  pursuant to  that 
Decree,  shall,  being  effective  as from  March  15, 1980,  apply  until to December  31, 1985.  
Payments made in accordance with the  payment  tariffs to be issued under the Decree of  
the Council  of Ministers shall  be made to the relevant collecting society  to be distributed  
to the rightholders in case of works which h ave been transferred to the collecting society  
through a certificate of authorization and, in other cases, directly to  the holders of the  
economic rights. Such payment shall be finalized by the Turkish Radio and Television  
Corporation  not later than Decemb er 31, 1985.  
After deduction of its own share from the amount set in the payroll sent by the Turkish  
Radio and Television Corporation, the collecting society shall  pay the  remaining amount  
to the rightholders who are its members within two years following the date on which  
payment  has been  made  to it. 
Royalties that have not been claimed by members within two years shall be deposited in  
accordance with Article 44 in a special account to be opened with a national bank in the  
name  of the Ministry  of Culture.  
Provisional  Art. 5. (Addition:  06.07.1995 - 4110/  31) Collecting  societies  founded  
before  the entry into force of this  Law shall under the  supervision of  the Ministry  of 
Culture be converted to new collecting societies within one year from publication of th eir 
uniform  statutes  in accordance  with the related  provisions  of the Law and with the 
principles of uniform statutes and shall form their new organs in a general assembly to be  
held within that  period.  
Collecting societies that have not complied with the provisions of the first paragraph shall  
be considered automatically  dissolved on expiry  of the first year.  
Provisional  Art. 6 . (Additional:  3.3.2004 -5101/27) The procedure prescribed in  Articles  
41 and 43 of this Law regarding the determination of tariffs and the conclusion of contracts  
shall, irrespective of periods stipulated in these articles, apply as of the date of publication  
of this Law by considering  the current  year as basis.  
 
The broadcasting contracts concluded between collecting societies on the  one hand and  
public premises and broadcasting organizations on the other hand prior to the date of  
publication of this Law shall remain effective with all their provisions until the expiry of  
the periods stipulated in the contracts.  
 
The classification me ntioned in Articles 41 and 43 of this Law shall be made not later than  
one month  from  the date of entry  into force  of this Law.  Public  premises  and/or  
broadcasting  organizations  that apply  to collecting  societies  to obtain  permission  and 
conclude a contrac t within six months from the initial announcement of the tariffs by the  
collecting  societies  made  within  no later than one month  as of the date of such 
classification  may continue  to use and/or  transmit  works,  performances,  phonograms,  
productions,  and broadcasts  for a maximum  period  of six months  by paying  ¼ the tariff  of 52  the collecting societies  for periods  of three  months  at a time.  The provisions  of this 
paragraph shall not preclude the application of the procedure prescribed in Articles 41 and  
43 of this Law.  
 
Provisional  Art. 7. (Additional:  3.3.2004 -5101/27)  All instruments,  equipment  and 
materials of inspection commissions formed in provinces before the date of publication of  
this Law whose operations are no longer needed with in the framework of Article 81 shall  
be transferred to the  provincial Directorates of  Culture  and Tourism.  
 
Provisional Art. 8. (Additional: 03.03.2004 -5101/27)  The by -laws provided for in the  
articles amended by this Law shall be prepared and put into for ce within six months as of  
the date of publication of this Law. The database indicated in Additional Article 9 of this  
Law shall be  formed within one year  as of  the date of publication of  this Law.  
 
 
II. Revoked  Provisions  
 
Art. 89 - The Copyright Law of May 8,  1326 (1910), and any provisions of other laws  
contrary  to the provisions  of this  Law are hereby  revoked.  
 
 
G. FINAL  PROVISIONS  
I. Entry  into Force  
Art. 90- Articles  42 and 43 of this Law shall  enter  into force  from  the date of publication  
of this  Law and the remaining  Articles  shall  enter  into force  on January  1, 1952.  
 
 
II. Authority  Entrusted  With  the Implementation  of this  Law  
Art. 91- This Law shall  be implemented  by the Council  of Ministers.