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Art law (or art and culture law)

Art law (or art and culture law)

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  • Feb 7, 2021

Art law (or art and culture law)

Article 1 - (Change: 21/2/2001 -4630/1 art.)
The purpose of this Law is the owners of the works that create the intellectual and artistic works and those who perform or interpret these works.
performing artists, phonogram producers who made the first determination of sounds, producers who made the first determination of the films and
To determine the moral and financial rights of radio and television organizations on their products, to protect them, to benefit from these products
to determine the sanctions in case of abuse contrary to the stipulated principles and procedures.
Scope
Article 1 / A - (Annex: 21/2/2001 - 4630/2 art.)
This Law refers to the owners of the works that create the works of ideas and art, and the performer who performs or interprets these works.
the moral and financial rights of the artists, the phonogram producers who made the first determination of the sounds, the producers who made the first determination of the films and the radiotelevision organizations, the principles and procedures of the disposition on these rights,
It covers the ways and sanctions and the duties, powers and responsibilities of the Ministry of Culture.
Definitions
Article 1 / B - (Annex: 21/2/2001 -4630/2 art.)
From the definitions in this Law;
a) Work: A work that carries the characteristics of its owner and is considered as science and literature, music, fine arts or cinema works.
all kinds of ideas and art products,
b) Author of the work: (…) (1) person who created the work,
c) Processed work: A work created by making use of another work, but not detached with respect to this work, and
ideas and art products that have the characteristics of the operator,
d) Compiled work: The content of the original work, such as encyclopedias and anthologies, without prejudice to the rights on the original work.
The work that consists of selection and arrangement and is the result of a creativity of thought,
e) Detection: What sounds or sound representations or sounds and images can be understood, reproduced or transmitted
to be recorded in a vehicle,
f) Phonogram: Except for sound determinations in audio-visual works such as cinema works,
Sound carrier physical environment in which sounds or other sounds or sound representations are detected,
g) Computer program: Organizing a computer system in a way that allows it to perform a specific process or task.
the computer order set and the preparatory work that will ensure the formation and development of this order system,
h) Interface: The program that creates the mutual influence and connection between the hardware and software components of the computer.
parts of it,
ı) Intermediation: Functional cooperation and mutual influence of computer program parts and
the mutual use capability of the exchanged information,
j) Related rights: With the neighboring right owners, provided that they do not harm the moral and financial rights of the owner of the work.
the rights of the filmmakers who made the first determination of the films,
k) Neighboring rights: A work with the permission of the owner, provided that it does not harm the moral and financial rights of the author
It is a performance product of artists who interpret, introduce, tell, sing, play and perform in various ways in an original way.
the rights of the phonogram producers and radio-television organizations that detect or detect other sounds for the first time,
l) (Annex: 3/3 / 2004-5101 / 9 art.) Ministry: Ministry of Culture and Tourism,
Expresses.
B) Types of ideas and works of art:
I - Scientific and literary works:
Article 2 - Scientific and literary works are as follows:
1. (Amended: 7/6/1995 - 4110/1 art.) Works expressed in any way in language and in writing, and expression under all forms
computer programs and their preparatory designs, provided that the program results in the next stage,
2. (Amended: 1/11/1983 - 2936/1 art.) All kinds of rakis, written choreographic works, Pantomimes and similar
non-verbal stage works
3. (Amendment: 7/6/1995 - 4110/1 art.) With all kinds of technical and scientific photographic works that do not have bedii qualifications,
all kinds of maps, plans, projects, sketches, pictures, geography and topography models and the like, all kinds of architecture and
urban design and projects, architectural models, industry, environment and stage designs and projects.
(Annex: 7/6/1995 - 4110/1 art.) In order to include the thoughts and principles that form the basis of the interface, a computer
The thoughts and principles that form the basis of any element of the program are not considered a work.
II - Musical works:
Article 3 - Musical works are all kinds of verbal and non-verbal compositions.
III - Fine art works:
Article 4 - (Change: 7/6/1995 - 4110/2 art.)
Fine works of art have aesthetic value;
1. Oil and watercolor paintings; all kinds of paintings, patterns, pastels, engravings, beautiful writings and gildings, engraving,
Calligraphy, artifacts drawn or detected with metal, stone, wood or other materials by carving, inlay or similar methods,
screen printing,
2. Sculptures, reliefs and carvings,
3. Architecture works,
4. Handicrafts and small works of art, miniatures and decorative art products, textiles, fashion designs,
5. Photographic works and slides,
6. Graphic works,
7. Cartoon works,
8. They were all kinds of characters

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