LAW ON INTELLECTUAL AND ARTISTIC WORKS

Asst. Prof. Dr. Gül Okutan Nilsson

Asst. Prof. Dr. Feyzan Hayal Şehirali Çelik1

Law No. 5846 of 5.12.1951;

amended by:

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

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 Dr. Gül Okutan Nilsson (İstanbul Bilgi University Faculty

of Law, Parts IV to VI have been translated by Dr. Feyzan Hayal Şehirali Çelik (Ankara University Faculty

of Political Sciences). All rights of the authors are reserved.

(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

(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

(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 Communication 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

(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…………………………………..Hata! Yer işareti tanımlanmamış.

(2) Infringement of Economic Rights………………………….Hata! Yer işareti tanımlanmamış.

(3) Other Offenses………………………………………………………………………………………………….. 36

II. Offender…………………………………………………………………………………………………………………………. 37

Ill. Prosecution and Recidivism ………………………………………………………………………………………….. 37

C. MISCELLANEOUS PROVISIONS……………………………………………………………………………………….. 37

I. Jurisdiction and Evidence…………………………………………………….Hata! Yer işareti tanımlanmamış.

II. Precautionary Measures and Provisional Seizure at the CustomsHata! Yer işareti tanımlanmamış.

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 …………………………………..Hata! Yer işareti tanımlanmamış.

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…………………………………………………………………………….Hata! Yer işareti tanımlanmamış.

D. PICTURES AND PORTRAITS ………………………………………………………………………………………….. 45

I. In General………………………………………………………………………….Hata! Yer işareti tanımlanmamış.

II. Exceptions………………………………………………………………………………………………………………………. 46

E. CONFLICT OF LAWS……………………………………………………………………………………………………. 46

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

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 and 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 transactions 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.

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 interact

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 prejudiced.

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, pandomime 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:

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 of 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

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 can not 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 rightholder 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 rightholder.

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 authors 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.

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 whole

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 than 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 transaction, 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. Works 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 work, 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.

Such authorities shall belong to the person giving the conference or the person having the

performance made, in cases where the author can not 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 rightholders, 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 economic 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.

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 adaptation, 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

prohibition 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

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 the 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 employ 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 the 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, his 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.

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.

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.

LAW ON INTELLECTUAL AND ARTISTIC WORKS

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