SİNEMA ESERİ YAPIMCILARI MESLEK BİRLİĞİ
According to the 80th article of Law Numbered 5846 on Intellectual and Artistic Works, when film producers take over the authorization of using financial rights from the owner of the work and the artist that practice his/her art, they have the exclusive right to permit or deny others the right to perform actions enabling work to be copied, distributed, sold, rented or lent directly or indirectly; its release or secondary release to the public through tools enabling (iEaret), sound and/or visual transmission; being sold by wired or wireless tools, or by using other forms being distributed and/or presented to people.
When the film producer take over the authorization of using financial rights from the owner of the work and the artist that practice his/her art, according to the regulation of the relevant law, he/she holds the exclusive rights for 70 years from the time of its first examination.
As the related right holder, film producer is entitled to file a prevention/prohibition of infringement claim or a compensation claim; and also to take various legal and penal actions against unauthorized and bootleg uses of the production.
However, before the amendment made by Law Numbered 4630 on Intellectual and Artistic Works, producers were designated as the lawful owner for the works. For all of the productions made before the year 1995, producers’ legal status as the owner of the work is protected by Appendix 2 of the mentioned law and caused a binary situation with regard to the ownership of the works. Therefore, for the productions before 1995, producers’ status remains as the owner of the works, while for the productions took place after 1995 “directors, original music composers, scriptwriters and dialog writers” are accepted as the common owner of the films.
