BUSINESS BRIEF: TURKEY
Copyright
What are the key challenges to copyright holders in your jurisdiction? Te biggest problem is imitation of the work, because ideas are not protected by copyright law. Copyright protects original works of authorship including literary, dramatic, musical and artistic works. Despite the fact that copyright law does not protect facts, ideas, systems, or methods of operation, the concrete expression of an idea or a concept is protected. Te idea must take on a tangible, physical, visible form; for this reason— because of different manners of expression of the same idea—a lot of lawsuits arise.
Inspiration is not prohibited by copyright, but imitation is. Sometimes it may be difficult to draw the border between the two. Especially in Turkey, there are some problems concerning cinematographic rights. For instance, the plots of movies, soap operas, and commercials are considered as ideas, so they are not protected by copyright law. But then, when a lot of people create their works around the same idea, the problem of inspiration/imitation arises. It must be borne in mind that not every similar work is an infringing one.
How should people ensure they are protected against copyright infringement?
Tere is no formal requirement for a work to be copyrighted. It is protected according to copyright law aſter the creation of the work. Te best way to be protected against copyright infringement is to be able to prove the earlier rights on that work.
What is the best way to deal with infringement, and what are the costs associated with it?
Te best way to deal with infringement is to file a lawsuit. Tere are civil and criminal lawsuit options for infringement. Any person whose moral and economic rights have been infringed may bring an action against the infringer. If a work is being exploited by reproduction without permission of
www.worldipreview.com
Hamdi Yasaman is the owner of Yasaman Law Firm. He can be contacted at:
hamdi@yasaman.av.tr
Fülürya Yusufoğlu is a research assistant at Galatasaray University. She can be contacted at:
fulurya@gmail.com
the author, it may be claimed that the reproduced copies, films, moulds and similar devices enabling the reproduction must be destroyed or be surrendered to the right holder in return for equitable remuneration not exceeding their cost. Alternatively, the copyright holder may claim the payment of three times the amount that would be determined if a contract had been concluded between the author and the infringer.
Have there been any changes to the copyright law(s) in the last 12 months?
No.
Counterfeiting How big a problem is counterfeiting in your jurisdiction? Counterfeiting is a serious problem in Turkey. A lot of actions have been taken against infringers.
What industries are particularly at threat? Te textile industry is particularly subject to counterfeiting; publishing and cinematographic industries are also vulnerable as duplication of books and DVDs is quite easy.
What are the best strategies for dealing with the problem?
Even if it’s difficult to prevent the infringement before it starts, there are different remedies if the infringement occurs. Tere are prevention actions, actions for cessation, for damages and criminal actions.
World Intellectual Property Review Annual 2012 143
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