Copyright, which is considered to be basic human rights and included in Article 27 of the Universal Declaration of Human Rights, refers to all of the material and moral rights arising from the ideas and works of art created by the person or persons. The scope of moral rights includes the public's rights of publication, the name of the author and the author's rights to exclude changes to the work, while the material rights include publication rights with means for processing, reproduction, dissemination, representation and sign, sound and / or image transfer. The scope of moral rights includes the public's rights of publication, the name of the author and the author's rights to exclude changes to the work, while the material rights include publication rights with means for processing, reproduction, dissemination, representation and sign, sound and / or image transfer.
In our country, there are scientific and literary works, musical works, fine works of art, cinema works and processing and compilations in the field of application of copyright regulated by the Code of Intellectual and Artistic Work No 5846. The most important point that distinguishes copyright from other intellectual and industrial property rights such as trademarks and patents is that no registration / notification is required for the birth of copyright. Copyright arises when the idea and artwork are produced by the owner. Every original idea and artwork, whether registered or not, has a legal value and gives the owner an absolute right on the work. The fact that copyright is an absolute right means that it can be claimed against anyone who violates copyright in any way.
For the birth of this absolute right, It is necessary that;
-it is the product of an intelligent effort,
-having the property of the owner,
-it should be shaped,
-enter one of the works listed in the code.
However, the absolute right granted to the owner of the copyright is valid for 70 years after the death of the owner of the work, and this protection period does not work unless the work is publicized. After the expiration of this period, the ideas and works of art subject to copyright can be used freely without paying any rights. In the Code No 5846, when the copyright is violated, the right owner is also given the right to file criminal cases against the violating person, as well as civil / moral compensation, prevention of rape and elimination of rape.
As Onal & Onal IP, we provide consultancy and support in the resolution of all copyright disputes with our experienced team of ten years and international connections.