HOW CAN WE RECORD AND REGISTER INTELLECTUAL AND ARTISTIC WORKS? 11 October 2023
1. What is a Work?
Under Law No. 5846 on Intellectual and Artistic Works Law (“IAWL”), a work is defined as any intellectual or artistic product bearing the characteristic of its author, which is deemed a scientific and literary or musical work of fine arts or cinematographic work.
In this context, a prerequisite for being classified as a work is that the work carries the specificity of its creator, which can only be achieved through the originality of the work. The second requirement for classification as a work is to fall within the classification of intellectual and artistic work types specified in the law.
2. WHAT ARE THE TYPES OF INTELLECTUAL AND ARTISTIC WORKS?
Under the scope of IAWL, intellectual and artistic works are categorized into four different headings and a limited number of types, as follows:
- Literary and Scientific Works
- Musical Works
- Works of Fine Arts
- Cinematographic Works
However, although the classification made under IAWL consists of a limited number of categories, the same law lists numerous subcategories under these headings. Depending on the conditions of each case and the nature of the creative work, this classification can be expanded through judicial interpretation.
3. WHAT IS RECORDING AND REGISTRATION?
The recording and registration process provides ease of proof in identifying the author while ensuring the protection of the economic and moral rights associated with the work and the enforcement of rights related to financial benefits.
4. IS RECORDING AND REGISTRATION NECESSARY FOR INTELLECTUAL AND ARTISTIC WORKS?
There is no requirement for recording and registration to obtain protection under IAWL. Protection is automatically granted upon the creation of the work. However, as explicitly stated in Article 13/3 of the IAWL, there is a mandatory recording and registration requirement for cinematographic works and musical works created for commercial purposes. In this regard, protection for music and cinematic works begins upon completion of the registration. IAWL and the Regulation on the Recording and Registration of Intellectual and Artistic Works (“Regulation”) do not specify any penalties for the failure to complete the mandatory recording and registration process.
For other types of works, excluding music and cinematic works, recording and registration are optional, not mandatory. Protection for these works is automatically granted from the moment of creation, without the need for any formalities.
5. HOW CAN WE RECORD AND REGISTER INTELLECTUAL AND ARTISTIC WORKS?
The recording and registration process is based on declarations. No examination is conducted regarding the subject of the work or the accuracy of the declaration. The authority responsible for recording and registration of copyright is the General Directorate of Copyrights and Cinema, operating under the Ministry of Culture and Tourism.
Since there is a mandatory recording and registration process for cinematographic and musical works, this process is regulated in Article 5 of the Regulation.
According to the second paragraph of this article, the creators of the works (“author”), after meeting the conditions specified, will apply to the General Directorate of Copyrights and Cinema for recording and registration. The required documents include a producer's certificate, a commitment statement included in Annex-1 of the Regulation, which states that all legal and penal responsibilities will be assumed in case of false statements, a bank receipt proving the payment of fees, a digital copy of the work, and other documents specified in the subsequent paragraphs.
For intellectual and artistic works that are not subject to mandatory recording and registration, except for cinematographic and musical works, the recording and registration process is governed by Article 7 of the Regulation. In this case, the author can record and register their works by submitting the application form, a commitment statement included in Annex-3 of the Regulation, which states that all legal and penal responsibilities will be assumed in case of false statements, a bank receipt as proof of payment for recording and registration fees, and other documents specified in the subsequent paragraphs.
