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UNCLAS SECTION 01 OF 13 ANKARA 002335 
 
SIPDIS 
 
 
DEPT FOR EB, EB/TPP/MTA/IPC AND EUR/SE 
DEPT PLEASE PASS USTR FOR BPECK/LERRION 
USDOC FOR ITA/MAC/DDEFALCO 
DEPT PASS LIBRARY OF CONGRESS 
DEPT PASS USPTO FOR ELAINE WU 
 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR TU
SUBJECT: New Intellectual Property Legislation 
 
 
Ref: Ankara 2031 
 
 
¶1.    In March, the Turkish Parliament enacted copyright- 
related legislation which bans street sales of all 
copyright products, authorizes law enforcement 
authorities to take action without a complaint by the 
rightholder, but reduces sanctions for pirates (reftel). 
The following unofficial translation of the law was 
provided by AMPEC, an industry association affiliated 
with the Motion Picture Association. 
 
 
¶2.    Begin AMPEC Translation: 
 
 
LAW ON THE AMENDMENT OF VARIOUS LAWS 
LAW No. 5101 
Passed: 03.03.2004 
Published in the Official Gazette:  Date 12.03.2004, 
Issue 25400 
 
 
Article 1 - The following paragraph has been added to 
Paragraph 11 of Article 15 of the Municipal Law No. 1580 
dated 3.4.1930: 
"Not to give permission for and to prevent the sale of 
carrying materials such as books, cassettes, CDs, VCDs 
and DVDs on which works, performances and phonograms 
protected within the framework of Law No.5846 on 
Intellectual Property and Works of Art in the places 
mentioned in this paragraph and to confiscate and hand 
over those the sale of which has been attempted to the 
authorities." 
Article 2 - The last paragraph of Article 21 of the Law 
on Municipal Income, No.2464, dated 26.05.1981 has been 
amended as follows: 
The tax stipulated as per Sub-subparagraphs (1) and (2) 
of Subparagraph (1) on the showing of domestic and 
foreign films will be calculated as prescribed in 
Article 22, Subparagraph (1) of this Law and deposited 
in the custody of the local fiscal office or accounting 
office by close of business on the fifteenth day of each 
month.  A special seal will be imprinted on the tickets 
by the municipality upon the presentation of the bank 
receipt indicating that the payment has been effected. 
The provisions of Law No. 6183 on the Collection of 
Public Debts will be applied to those who do not pay. Of 
the amount collected in the aforementioned offices, 75 
percent will be transferred to the account of the 
Central Accounting Office of the Ministry of Culture and 
Tourism and 25 percent to the account of the 
municipality concerned by close of business on the 
fifteenth day of the following month. 
Article 3 - The following paragraph has been added to 
Article 52 of Law No. 2464 on Municipal Income dated 
26.05.1981: 
The sale of carrying materials such as books, cassettes, 
CDs, VCDs and DVDs on which works, performances and 
phonograms protected within the framework of Law No. 
5846 shall not be permitted in places mentioned in the 
first paragraph. 
Article 4- Article 3, Subparagraph (v) of Law on the 
Establishment and Broadcasts of Radio- Television 
Institutions No. 3984 dated 13.4.1994 has been amended 
as follows: 
"v) Authors and/or affiliated right-owners: Real or 
legal persons whose moral and financial rights over the 
works, performances, phonograms and/or productions are 
arranged within the framework of Law No. 5846 on 
Intellectual Property Rights," 
 
 
Article 5- Subparagraph (o) of the second paragraph of 
Article 4 of Law No. 3984 has been amended as follows: 
"(o) Rights granted to authors and affiliated right- 
owners by Law No.5846 on Intellectual Property and Works 
of Art shall not be violated." 
 
 
Article 6- Article 37 of Law No. 3984 has been amended 
together with its heading as follows: 
 "Provisions Concerning the Use of Works, Performances, 
Phonograms and/or Productions Broadcast and/or 
Transmitted by Radio-Television Institutions 
Article 37- Radio-television institutions shall make 
contracts with authors, affiliated right-owners, or the 
professional unions in which such persons are members in 
order to obtain permission to use the latter's works, 
performances, phonograms, and productions in their 
broadcasts and/or transmissions; and shall pay the cost 
of the financial rights agreed in such contracts.  This 
contract and the payments shall be made within the 
framework of Law No.5846 on Intellectual Property and 
Works of Art. The provisions in Article 33 of this Law 
shall also be applied to broadcasting organizations that 
violate the provisions in this article." 
 
 
Article 7- The first and second sentences of the last 
paragraph of Article 6 of Law No. 3257 on 
Cinematographic, Video and Musical Works dated 
23.01.1986 have been changed as follows: 
"The Inspection Board comprises a total of nine members 
with the Ministry representative as the chairperson, one 
member each from the ministries of Education, Foreign 
Affairs and Internal Affairs; two members to be selected 
by the Ministry of Culture and Tourism from among 
individuals recommended by the professional unions 
concerned; a sociologist, a psychologist, and a child 
development expert to be identified by the Ministry who 
are faculty members at a university. The Board takes 
decisions based on majority votes of five to four. 
The Evaluation and Classification Board takes decisions 
based on simple majority.  In the event there is a tie 
in the votes the vote of the chairperson is adhered to." 
 
 
Article 8- Article 12 of Law No. 3257 has been changed 
together with its heading as follows: 
Penal provisions to be applied to violations of the 
provisions on the use of authenticity stickers 
(banderoles): 
Article 12 - The penalties prescribed in Article 81 of 
the Law No.5846 on Intellectual Property and Works of 
Art shall be imposed on those whose actions violate the 
provisions in this Law on the use of banderoles. 
 
 
Article 9- The following Subparagraph (1) has been added 
to Article 1/B of Law No.5846 on Intellectual Property 
and Works of Art dated 5.12.1951: 
1) Ministry: the Ministry of Culture and Tourism 
 
 
Article 10 - The last paragraph of amended Article 13 of 
Law No. 5846 dated 5.12.1951 on Intellectual Property 
and Works of Art has been amended as follows: 
"Film producers who realise the initial fixing of films 
and phonogram manufacturers who undertake the initial 
fixing of sounds record and register their productions 
encompassing cinematographic and musical works without 
aiming to establish rights but with a view to preventing 
the violation of their rights, facilitating proof in 
determining their right of ownership and following up 
their rights of benefit.  With the same purpose, upon 
the request of authors, works can be recorded and 
registered and the works as well as rights of benefit 
concerning financial rights can be registered.  The 
Ministry may not be held responsible for these 
procedures which shall be accomplished on the basis of 
declaration. However, those who make false declarations 
on financial and moral rights they know or ought to know 
to be non-existent or do not own in the procedures to 
serve as a basis for the recording and registration 
procedures shall be subject to the civil and criminal 
sanctions prescribed in the present Law. All fees 
pertaining to all recording and registration procedures 
undertaken within the scope of this Law are determined 
by the Ministry. The procedures and principles for the 
recordings and registrations, the determination of the 
respective fees, and other relevant points shall be 
stipulated in a Regulation to be issued by the 
Ministry." 
 
 
Article 11 - The amended Article 41 of Law No. 5846 has 
been changed as follows along with its title: 
"4. Principles on the Use and/or Transmission of Works, 
Performances, Phonograms, Productions, and Broadcasts in 
Public Places 
Article 41 - Public places with or without an entrance 
fee shall obtain permission from right owners or the 
professional unions in which such persons are members by 
signing contracts in accordance with Article 52 on the 
use and/or transmission of works, performances, 
phonograms, productions and broadcasts; and shall effect 
the payment for the financial rights agreed in such 
contracts in accordance with the provisions in this 
article. 
Public places using and/or transmitting works, 
performances, phonograms, productions and broadcasts 
shall be classified or declassified by taking into 
consideration the status of the district where they are 
located; the quantitative and qualitative 
characteristics of the public place; whether the works, 
performances, phonograms, productions and broadcasts 
that are the subject of intellectual property are an 
integral part of the product or service provided in the 
premises; whether they contribute to such product or 
service; and the like. 
Professional unions of authors and/or affiliated right- 
owners shall determine tariffs concerning payments to be 
made for the use and/or transmission of works, 
performances, phonograms, productions and broadcasts 
based on their classification in the sectors they are 
operating in.  Contracts between the professional unions 
and the premises shall be concluded on the basis of 
these tariffs or other rates to be negotiated between 
the parties. 
In order to enable the implementation of the provisions 
of this article: 
¶1. Professional unions shall be obligated to convey all 
information pertaining to their members, and to the 
works, performances, phonograms and productions they 
represent to the Ministry.  This information shall be 
updated every three months and shall be made available 
to the parties concerned in a joint data base created by 
the Ministry 
¶2. Professional unions set up in the field of authors of 
works; or professional unions set up in the field of 
affiliated rights; or professional unions working in the 
same field can come together and determine joint tariffs 
based on a protocol.  Joint tariffs shall be binding for 
professional unions that are signatories to a protocol. 
Professional unions shall convey to the professional 
organisations representing the users and set up by law 
in the nature of a public institution, and to the 
Ministry; and announce to the public at large the 
tariffs or joint protocols in the ninth month of every 
calendar year. Public premises can negotiate the tariffs 
or joint tariffs through the professional organisations 
of which they are members and to whom they provide 
binding documents of authorization concerning holding 
discussions and concluding agreements. However, in the 
event that fixed tariffs are established, the public 
premises can hold negotiations and conclude contracts 
only through the agency of the professional 
organizations. 
In the event the public premises or professional 
organizations and the professional unions cannot reach a 
compromise concerning tariffs or joint tariffs and a 
contract cannot be concluded in the tenth month, 
professional unions and/or professional organizations 
may request, not later than the end of the month, that 
these tariffs be discussed by a "Reconciliation 
Committee" to be set up by the Ministry. 
The "Reconciliation Committee" shall be set up by the 
Ministry to discuss the tariffs upon the request of one 
of the parties and upon the Ministry's deeming it 
appropriate within fifteen days of the date the request 
is made.  It shall comprise one representative from the 
Ministry, two from the Competition Board, and one 
representative from each of the professional unions and 
of the professional organisations representing the 
users. The Ministry representative shall also be the 
chairperson of the committee.  Substitute members in the 
same number as primary members shall be selected by the 
same procedure.  The secretarial work of the committee 
shall be undertaken by the relevant section of the 
Ministry. 
The Committee shall prepare its report concerning the 
determination of the tariffs within 15 days of the date 
it has been formed and conveys it to the Ministry and 
the parties concerned. The public premises and 
professional unions may conclude contracts on the 
tariffs announced by the professional unions or agreed 
by negotiation within fifteen days from the date the 
Committee reports its decision. 
Lawsuits may be filed against tariffs or joint tariffs 
determined by professional unions.  Premises that want 
to use the works, performances and/or phonograms during 
the period concerning the tariff against which a lawsuit 
has been filed may do so by depositing in the joint bank 
account opened for professional unions  the tariff at 
issue every three months. The use and/or transmission of 
works, performances, phonograms, productions and 
broadcasts by public premises that have not yet 
concluded any contracts or are going to conclude a 
contract for the first time shall be contingent upon the 
permission of the relevant professional unions. The 
amounts paid in this manner until the completion of 
litigation shall be deducted from the tariff determined 
by the court. 
The principles for the determination of tariffs as set 
out in the third paragraph of Article 42/A of this Law 
shall be applied in the determination of tariffs and the 
settlement of disputes. 
Real or legal persons who have rights over the works, 
performances, phonograms, productions and broadcasts 
used and/or transmitted by the premises may claim 
payment for their use and/or transmission only through 
the agency of the professional unions in which they are 
members. The application of this paragraph shall not be 
obligatory in the case of cinematographic works. 
Principles and procedures pertaining to matters such as 
classification, the fees to be taken by the Ministry for 
applying to the Reconciliation Committee, the operation 
of the Reconciliation Committee, and other principles 
and procedures concerning the implementation of this 
article shall be stipulated in a Regulation to be issued 
by the Ministry." 
 
 
Article 12- The phrase, "and those who reproduce and 
distribute non-periodical publications using the rights 
on scientific/literary works as per Article 10 of this 
Law by taking over the use of financial rights from the 
author or the right-owner by contracts concluded in 
accordance with Article 52 of this Law," has been added 
to follow the phrase, "Authors and affiliated right- 
owners" in the first sentence in the first paragraph of 
Article 42 of Law No. 5846; and the term, "real persons" 
appearing after the phrase, "four times the primary 
member number" in the second sentence of the same 
paragraph has been deleted. 
 
 
Article 13 - The following Articles 42/A and 42/B have 
been added to follow Article 42 of Law No. 5846: 
¶2. Principles Concerning the Obligations of Professional 
Unions and Tariffs" 
Article 42/A -  Professional unions founded in order to 
manage the rights with the aims stipulated in Article 42 
of this Law shall have the following obligations: 
¶1.   To forward to the Ministry all information 
pertaining to the works, performances,    phonograms, 
and productions and members that they represent and to 
update every three months this data which is which is 
open to whom it may concern; 
¶2.   To equitably manage the rights emanating from the 
activities of its member right-owners; 
¶3.   To distribute to right-owners the revenue from 
their activities pertaining to the management of the 
rights of their members in accordance with distribution 
plans; 
¶4.    To provide information about the works, 
performances, phonograms, and productions they represent 
to anyone requesting it upon a written request; 
¶5.   To act equitably in making contracts regarding the 
rights they manage; to offer the discounts or 
convenience in payment that they find in order as far as 
their own material and moral interests are concerned; 
¶6.    To determine in good time the tariffs for the 
rights they manage in order to conclude a contract, and 
to announce without delay the tariffs fixed and any 
amendments thereto; 
¶7.    To have their accounts verified by sworn auditors. 
The records of the Radio and Television Supreme Council 
shall be taken as the basis in the implementation of the 
above Article with regard to the broadcasts of 
radio/television organizations. 
In determining the tariffs, the following factors should 
also be taken into account along with a consideration 
for the fact that the tariffs are determined at 
reasonable levels by taking into consideration their 
adaptability to the social and economic conditions of 
international practice, and changes in technology: 
-- avoiding an impact that is destructive to the 
composition of the sectors in which the works, 
performances, phonograms, productions, and broadcasts 
are created and used; 
-- that impedes production and consumption; 
-- that is detrimental to generally accepted practice; 
-- avoiding the emergence of conditions disrupting 
competition; 
-- the classification that has been made; 
-- product prices in the relevant sectors; 
-- the share of these sectors in the gross national 
product; 
-- the frequency of use and/or transmission of the 
works, performances, phonograms, productions, and 
broadcasts; 
-- whether the payment is to be made in a lump sum or on 
the basis of unit prices; 
-- payment plan and the like. 
The unions that operate in the same field and/or sector 
may act together in determining tariffs, concluding 
contracts and other principles and procedures regarding 
the implementation of this Law. 
In the event that a joint tariff has been made, 
professional unions operating in the same field shall 
have to determine and communicate to the Ministry at the 
beginning of each calendar year, to serve as a basis for 
the tariffs, their capacity of representation in their 
field and the ratios of usage of the works, 
performances, phonograms, productions, and broadcasts 
they represent.  In the event an agreement on these 
ratios cannot be reached or if these ratios are not 
conveyed to the Ministry, a committee to be formed by 
the Ministry shall determine these ratios. Until such 
ratios are determined, the users that have concluded a 
contract shall deposit the amounts they have to pay in a 
depository to be identified by the court upon the 
Ministry's request. After the operating expenses of the 
committee have been deducted, the amount that has 
accumulated in the depository shall be divided among the 
professional unions concerned in proportions to be 
determined by the committee or, should the unions reach 
an agreement among themselves at any stage, in the 
proportions the unions determine among themselves. The 
committee shall be composed of one member each from the 
Ministry, the Competition Board, and the professional 
unions concerned. The Ministry representative shall be 
the chairperson. Appeal from the decisions of the 
committee is permitted and the relevant specialized 
court shall have jurisdiction. 
The Ministry may request the court to impose a lien on 
the distribution account of professional unions 
determined to have defaulted in fulfilling their 
obligations regarding the submission of information as 
per this Article until such time as they fulfil these 
obligations. 
The following up of all the rights of authors or 
affiliated right-owners who are members in a 
professional union pertaining to all the works, 
performances, phonograms, productions, and broadcasts 
that have become public property or been published shall 
be done on the strength of a document of authorization 
to be issued in the name of the professional union 
concerned. The procedures and principles concerning the 
documents of authorization shall be prescribed in a 
Regulation to be issued by the Ministry. 
 
 
¶3.  Inspection of Professional Unions 
Article 42/B - Professional unions are subject to the 
administrative and financial inspection of the Ministry. 
While the Ministry itself can at any time inspect 
whether the professional unions are fulfilling their 
duties and obligations arranged by this law, it may also 
request the professional unions to have private 
inspection organizations undertake the said inspection. 
A copy of the inspection report is to be submitted to 
the Ministry. 
During inspections it is mandatory that any books, 
documents and information requested by the inspectors be 
shown or given, and inspectors' requests to check the 
safes or cashier's offices and to enter management 
premises, branch offices and extensions are met. 
In the event the professional unions are determined: 
¶1.   to fail to meet their responsibilities and 
obligations stipulated in Articles 42 and 42/A of this 
Law and in this Article, 
¶2.   not to be collecting fees or distributing the 
proceeds in conformity with contracts, or making 
incorrect and unfair distribution, 
¶3.   not to be setting the tariffs in accordance with 
the stipulations in the third paragraph of Article 42/A 
of this Law, 
they shall be warned in writing by the Ministry once. 
In the event the shortcoming has not been dealt with 
within thirty days from the date the notice of warning 
has been served, the union shall be warned a second 
time. 
In the event the shortcomings mentioned in the above 
paragraph still have not been corrected within the 
thirty days following the second warning, or when 
misappropriation in the union records and in other union 
affairs and procedures has been determined as a result 
of inspections, the Ministry invites members for an 
extraordinary Committee meeting to be held within three 
months at the latest. Those found to be at fault in the 
affairs and actions of the union shall be withdrawn from 
their posts as a precaution until the extraordinary 
Committee meeting is held, with replacements being 
appointed by the Ministry or the alternate members whose 
turn has come being called in. 
The provisions of Articles 42 and 42/A of this Law and 
this Article shall also be applied to federations to be 
established within the framework of Article 42. 
 
 
Article 14- The amended Article 43 of Law No. 5846 has 
been changed as follows along with its title and the 
numbers in the headings of the articles following 
Article 43 have been renumbered to preserve the sequence 
in Part Three of Law No. 5846: 
"4. Principles concerning Broadcast and/or Transmission 
of Works, Performances, Phonograms and Productions 
Article 43- Radio and Television institutions as well as 
satellite and cable broadcast institutions and those 
that will broadcast and/or transmit programs via future 
technological means must obtain prior authorization from 
right-owners concerning staged works such as opera, 
ballet, theatre and other stage works that they are 
going to use in their broadcasts. 
These institutions must obtain authorization through the 
conclusion of an agreement in accordance with Article 52 
with professional unions operating in the relevant 
fields for works, performances, phonograms and 
productions other than staged works and make payments 
concerning the said use and/or transmissions to these 
unions and must forward lists concerning the works, 
performances, phonograms and productions they use to 
these unions. 
Radio and television institutions operating within the 
framework of Law No. 3984 dated 13.04.1994 on the 
Establishment and Broadcasts of Radio and Television 
Institutions shall be classified by the Radio and 
Television Supreme Council while other bodies that 
broadcast and/or transmit programs without being subject 
to said Law shall be classified by the Ministry. 
Authors and/or affiliated right-owner professional 
unions in the sectors they operate in determine the 
tariffs concerning the use and/or transmission of the 
works, performances, phonograms and productions based on 
the classifications made.  Contracts between the 
professional unions and organizations are concluded 
based on such tariffs or the tariffs that have been set 
by negotiation between the parties. 
The provisions of the fourth and thirteenth paragraphs 
of Article 41 of this Law shall be applied in matters 
pertaining to the obligation of professional unions to 
submit reports on their represented works, performances, 
phonograms, and productions and their members; the 
determination, announcement, and negotiation of the 
tariffs; the conclusion of contracts; the settling of 
disputes, and the like. However, the application of the 
last sentence in the sixth paragraph of Article 41 is 
not mandatory as far as broadcast and/or transmission 
organizations are concerned. 
To the extent the application of the tenth paragraph of 
Article 41 is concerned, the Turkish Radio and 
Television Institution may use works, performances, 
phonograms and productions in its broadcasts by 
depositing every three months one quarter of the tariff 
set by the professional unions. 
 
 
Article 15- The first and last paragraphs of amended 
Article 44 of Law No. 5846 have been changed as follows: 
"In order to protect intellectual property rights and to 
follow them up effectively, places of business that 
produce and/or engage in the recording, reproduction and 
sale of or disseminating or making available to the 
public in any way the materials used in the fixing and 
reproduction of intellectual property and works of art 
shall be certified by the Ministry in return for a fee. 
Places of business identified by the Ministry shall be 
obligated to keep software approved by the relevant unit 
of the Ministry and hardware conforming to criteria to 
be stipulated by the Ministry, develop the necessary 
infrastructure and regularly report the actions they 
have realized to the Ministry in terms of each calendar 
year.  These places of business and financial right- 
owners shall also be jointly and severally obligated to 
ensure that signs and serial numbers to be stipulated by 
the Ministry and codes conforming to international 
criteria are placed on the carrying materials." 
The procedures and principles to be applied in the 
implementation of this Article and the fees to be 
charged shall be determined by a Regulation to be issued 
by the Ministry. 
 
 
Article 16- The first paragraph of Article 45 of Law 
Number 5846 has been changed as follows: 
"In the event of a disproportionately large difference 
between the price of the originals of the works of art 
enumerated in Article 4 of this Law excluding 
architectural works, their copies produced in limited 
numbers by the author in person or by others under the 
author's control and with his/her permission and 
considered to be original works for having been signed 
or otherwise marked by the author, and one of the 
original manuscripts of the works of an author or 
composer enumerated in Subparagraph 1 of Article 2 and 
in Article 3, and their preceding price as they 
successively change hands by sale at an exhibition or an 
auction or in a shop engaged in the sale of such items 
or by other means during their protection period once 
they have been initially sold by their author or his/her 
heirs, the real or legal person effecting the sale will 
be obligated to pay an appropriate share of the 
difference in sale value at each sale to the author of 
the work or, in case the latter is deceased, to his/her 
legal heirs up to the 2nd degree (inclusive) and spouse 
in accordance with inheritance provisions or, in their 
absence, to the relevant professional union within the 
framework of principles and procedures to be stipulated 
in a decree to be issued by the Council of Ministers." 
Article 17- The paragraph following Subparagraph (5) of 
Article 71 of Law No. 5846 has been amended as follows: 
"will be sentenced to imprisonment from two years to 
four years, or heavy fine between TL 50 billion and TL 
150 billion, or both depending on the severity of the 
damages." 
Article 18- Article 72 of Law No. 5846 has been amended 
as follows: 
Article 72 - Those who act in contravention of this law 
by deliberately: 
¶1.    selling or distributing the copies of a work or an 
adaptation by reproducing them despite an existing 
agreement with the right-owner, in contrary to the 
provisions of the said agreement, shall be sentenced to 
imprisonment from three months to two years and a heavy 
fine between TL 10 billion and TL 50 billion or both 
considering the severity of the damages; 
¶2.   SELLING A WORK OR ITS REPRODUCED COPIES IN THE 
PLACES INDICATED IN THE SEVENTH PARAGRAPH OF ARTICLE 81 
OF THIS LAW WITHOUT THE PERMISSION OF THE RIGHTS OWNER 
SHALL BE SENTENCED TO IMPRISONMENT FROM THREE MONTHS TO 
TWO YEARS AND A HEAVY FINE BETWEEN TL 5 BILLION AND TL 
50 BILLION OR BOTH CONSIDERING THE SEVERITY OF THE 
DAMAGES; 
¶3.   and without the permission of the rights owner: 
a - adapting a work in any manner, 
b - reproducing a work in any manner, 
c - distributing a work in any manner, 
d - importing copies of a work into the country through 
legal or illegal ways and make them an object of trade 
in any manner, 
e - displaying or presenting a work publicly, organizing 
for such a display or disseminating it or assisting in 
its dissemination by such means as used for the 
transmission of  all kinds of signals, sounds, and/or 
images including digital transmission, 
shall be sentenced to imprisonment from two years to 
four years and heavy fine between TL 50 billion and TL 
150 billion or both considering the severity of the 
damages. 
Article 19- Article 73 of Law No. 5846 has been amended 
as follows: 
Article 73 - The following provisions shall be applied 
to crimes other than those 
indicated in Articles 71, 72, 80, 81 of this Law. 
1) Those who deliberately, 
a - Keep in their possession for commercial purposes 
copies of a work they know, or ought to know, to have 
been reproduced in contrary to the provisions of this 
Law; 
b - Transfer or give or put up for security or make the 
object of any transaction a financial right or a license 
they know to be non-existent or inaccessible to them; 
c - Keep in their possession for commercial purposes or 
distribute a technical instrument used solely for the 
purpose of  disabling or removing without authorization 
a technical device applied solely in order to protect a 
computer program; 
shall be sentenced to imprisonment from two years to 
four years and a heavy fine between TL fifty billion and 
TL one hundred and fifty billion or both considering the 
gravity of the damages. 
2) Those who deliberately reproduce or disseminate 
reproduced copies, phonograms, and productions of works 
that have been reproduced and distributed in accordance 
with the provisions of this Law by way of making and 
distributing facsimiles along with the differentiating 
title, trademark and identifying information of the 
reproduction and distribution right-owners, by means of 
signs, writing, sound, moving or still images or 
employing devices or methods used for data reproduction 
shall be sentenced to imprisonment from three years to 
six years and heavy fine between TL twenty billion and 
TL two hundred billion or both considering the gravity 
of the damages. 
Article 20- The phrases "and 73" appearing in the first 
sentences in the first and third paragraphs of Article 
74 of Law No. 5846 have been changed to "73 and 80." 
Article 21 - The first and third paragraphs of amended 
article 75 of Law No. 5846 have been amended as follows 
and the following paragraph has been added to follow the 
third paragraph and the following sentence has been 
added to the last paragraph: 
"Prosecution concerning the offences indicated in 
Articles 71, 72, 73 and 80 shall depend upon a complaint 
being filed. Upon a complaint being filed, public 
prosecution shall be initiated provided that the right- 
owners submit the documents and/or copies in evidence of 
their rights to the Public Prosecutor. A decision of non- 
prosecution shall be issued in the event these documents 
and/or copies are not submitted. The provisions of 
Article 76 of this Law shall be reserved. Subparagraph 
(8) of the first paragraph of Article 344 of the Code of 
Criminal Procedure, No. 1412 shall not be applied to the 
implementation of the provisions of this Article." 
"In the event of a violation of the rights of authors, 
affiliated right-owners, and other right-owners, and 
upon a complaint to be filed by those authorized to file 
a complaint, the Public Prosecutor of the area where the 
violation occurs and its consequences are realized may 
request the competent court to confiscate the copies or 
publications that have been reproduced without 
permission, to have them destroyed, to have the 
technical equipment used in this connection to be sealed 
off, and to close down the premises where the 
unauthorized reproduction and sale has taken place." 
"In the event authors or right-owners fail to file a 
complaint with the competent court within fifteen days 
of the confiscation of the copies and non-periodical 
publications, the competent court shall decide upon the 
request of the Public Prosecutor to have enough number 
of copies kept that would form a basis for the case and 
the rest destroyed or, if their recycling is technically 
possible for re-use as raw material, sold as raw 
material in their present condition or after their 
characteristics are degraded in such a way as to 
preclude their re-use. The provisions of the amended 
Article 68 of this Law shall apply in the event the 
authors or right-owners do apply or file a complaint 
during the stipulated time period." The procedures and 
principles pertaining to the destruction of confiscated 
copies and non-periodical publications, their re-use as 
raw material, and their sale as raw material shall be 
determined by a Regulation to be issued by the Ministry. 
Sentences of imprisonment imposed upon a recurrence of 
the offence may not be deferred or converted to a fine 
or a cautionary judgment. The provisions of the Law on 
the Struggle Against Organized Crime Aimed at Unlawful 
Gain and Benefit shall be applied to the offences 
referred to in this Law when the relevant elements are 
present. 
Article 22 - The second paragraph of Article 77 of Law 
No. 5846 has been changed as follows: 
When there is a possibility of a rights violation taking 
place, Article 57 of the Customs Law, No. 4458 and the 
relevant provisions of the Law No. 4926 on Combating 
Smuggling And Trafficking shall be applied during the 
importation and exportation of the copies requiring 
sanctions. 
Article 23- Sub-subparagraph (C) of Subparagraph 1 of 
the first paragraph of the amended Article 80 of Law No. 
5846 and its last paragraph have been changed as 
follows: 
"C.   Radio and television institutions shall fulfil the 
obligations imposed on them as per the present Law. 
Radio and television institutions have the following 
exclusive rights concerning the broadcasts they produce: 
1) Permitting or prohibiting the fixing of their 
broadcasts, their simultaneous transmission by other 
broadcasting organizations, their delayed transmission, 
their re-transmission, and their distribution via 
satellite or cable; 
2)    Permitting or prohibiting the direct or indirect 
reproduction and distribution by any technique or method 
of their broadcasts except for special use; 
3)    PERMITTING OR PROHIBITING THE TRANSMISSION OF 
THEIR BROADCASTS IN PUBLIC PLACES; 
4)    Permitting or prohibiting the public transmission 
of their fixed broadcasts for real persons to access 
their broadcasts at the time and place of their choice; 
5)    Permitting or prohibiting the public transmission 
by another broadcasting institution or cable operator or 
other third parties of their broadcast signals either on 
communication satellites or signals directed at them and 
the descrambling of their encoded broadcasts." 
 
 
"Those who violate the rights of associated right-owners 
shall be sentenced to, 
a)  imprisonment from three months to two years or a 
heavy fine between TL 5 billion and TL 50 billion or 
both considering the gravity of the damages in the case 
of violations involving the sale of the copies of a 
performance, phonogram, or production reproduced without 
permission in the places indicated in the seventh 
paragraph of Article 81 of this Law; 
b)  imprisonment from two years to four years or a heavy 
fine between TL 50 billion and TL 150 billion or both 
considering the gravity of the damages in the event of a 
violation of the other rights indicated in this 
article." 
 
 
Article 24- Article 81 of Law No. 5846 has been amended 
as follows: 
Article 81 - It is obligatory to affix banderoles on 
reproduced copies of musical and cinematographic works 
and on non-periodical publications. It is also 
obligatory to affix banderoles on reproduced copies of 
other easily reproducible works upon the request of 
their author or rights owner. Banderoles shall be 
printed and sold by the Ministry. Banderoles may also be 
sold through the agency of the professional unions at 
the sale price determined by the Ministry. 
In order to obtain banderoles for a work, the requestor 
will be required to fill out an obligation form 
declaring him/her to be the legitimate rights owner. 
Applications are made together with the other documents 
required by the Ministry of Culture. The Ministry is 
under the obligation to issue banderoles within ten 
workdays without recourse to any other action. The 
Ministry may not be held responsible for these 
procedures which shall be accomplished on the basis of 
declaration. 
Premises that produce materials used in the fixing and 
reproduction of copies on which the affixation of 
banderoles is obligatory or those that undertake the 
production and/or the recording and reproduction of 
these materials shall be required to obtain a copy of 
the obligation form referred to in this Article, keep 
it, and submit it when requested by the authorities 
concerned. 
Officials of the Ministry and local administrative 
authorities can at any time inspect to see whether works 
on which banderoles must be affixed possess the said 
banderoles. When deemed necessary, the local 
administrative authorities may form an "Inspection 
Committee" in provinces either on their own initiative 
or upon the Ministry's directive.  When required, 
representatives of the Ministry and the representatives 
of the professional union in the relevant field can also 
take part in these committees. In the event of 
violations indicated in this article, the Security 
Forces and the municipal police may either on their own 
initiative and/or upon being informed by right-owners, 
committees, professional unions, the Ministry, and 
others authorized and tasked by other relevant laws 
shall act to collect copies reproduced and distributed 
without permission or in violation of procedures and all 
kinds of devices used for reproducing these copies and 
other evidence, put the immovable ones under 
safeguarding, and forward the collected evidence to the 
Public Prosecutor along with a denunciation. 
The Public Prosecutor shall request within three days 
the competent court to confiscate the copies or 
publications that have been illegally reproduced, to 
have them destroyed, to seal off technical equipment 
used to this end and to close down the premises where 
the sale and illegal reproduction of the above has been 
undertaken. 
In the event authors or right-owners fail to file a 
complaint with the competent court within fifteen days 
of the confiscation of the copies and non-periodical 
publications, the competent court shall decide upon the 
request of the Public Prosecutor to have enough number 
of copies kept that would form a basis for the case and 
the rest destroyed or, if their recycling is technically 
possible for re-use as raw material, sold as raw 
material in their present condition or after their 
characteristics are degraded in such a way as to 
preclude their re-use. The provisions of the amended 
Article 68 of this Law shall apply in the event the 
authors or right-owners do apply or file a complaint 
during the stipulated time period. 
The sale on roads, squares, open air markets, sidewalks, 
piers(quays), bridges or similar locations of legally 
reproduced copies protected within the framework of this 
Law is prohibited. Security Forces and municipal police 
must confiscate such copies wherever they are seen and 
forward the confiscated copies to the authorities 
concerned.  The manner of evaluation of these 
confiscated copies and publications either through sale 
or by other means shall be determined by the Ministry by 
taking the input of the professional unions in the 
relevant field. 
The procedures and principles pertaining to the 
enforcement of the points prescribed in this Article 
shall be set out in a Regulation to be issued by the 
Ministry. 
Those who, in contrary to the provisions of this 
article, deliberately: 
¶1.  commit the following offences involving non- 
periodical publications and carrying materials such as 
cassettes, CDs, DVDs, and VCDs on which the works, 
performances, and productions requiring banderoles as 
per this Law are fixed shall be sentenced to: 
a. imprisonment from three months to two years or a 
heavy fine between TL 5 billion and TL 50 billion or 
both considering the gravity of the damages for selling 
the said items in the places stated in the seventh 
paragraph of this Article without having obtained 
banderoles; 
b.  imprisonment from two years to four years or a heavy 
fine between TL fifty billion and TL one hundred and 
fifty billion or both considering the gravity of the 
damages for reproducing and disseminating the said items 
without having obtained banderoles, or distributing them 
without charge in infringement of the rights of the 
author or associated rights owner, or distributing them 
with or without charge without affixing on them as 
prescribed in the relevant laws and regulations the 
banderoles obtained in conformity with this Law and the 
relevant legislation; 
¶2.  obtain  banderoles by deceiving the Ministry or the 
organizations authorized by the Ministry with forged 
papers or documents or in any other manner in the 
absence of an entitlement to receive banderoles in 
accordance with this Law and the relevant legislation, 
or use for other than their intended purpose the 
banderoles issued for non-periodical publications and 
carrying materials such as cassettes, CDs, DVDs, and 
VCDs on which the works, performances, and productions 
exclusively requiring banderoles as per this Law are 
fixed shall be sentenced to imprisonment from two years 
to four years or a heavy fine between TL twenty billion 
and TL two hundred billion or both considering the 
gravity of the damages; 
¶3.  manufacture forged banderoles, use them, and/or 
obtain commercial gain from the forged banderole in any 
manner shall be sentenced to imprisonment from three 
years to six years or a heavy fine between TL fifty 
billion and TL two hundred and fifty billion or both 
considering the gravity of the damages. 
For those deliberately committing any of the offences 
cited above with associated sanctions, Law No. 3005 on 
Flagrante Delicto Crimes Trial Procedures shall apply 
irrespective of the stipulation concerning location 
cited in Article 1, Subparagraph (A) of the said Law and 
the stipulation concerning time in Article 4 of the same 
Law and public prosecution shall be initiated without 
seeking the condition stipulated in Sub-paragraph 8 of 
Article 344 of the Code of Criminal Procedure, Law No. 
¶4212. 
 
 
Article 25 - The third and fourth paragraphs of 
Additional Article 4 of Law No. 5846 have been amended 
as follows: 
"In the event of the violation of the rights to which 
authors of works and owners of associated rights are 
entitled under this Law by providers of service and 
content through the transmission of signals, sounds, 
and/or images including digital transmission, the works 
which have been subject to violation will be removed 
from the content upon the request of the right holders. 
The person whose rights have been violated will 
initially contact the content provider and request that 
the violation be discontinued within three days. Should 
the violation persist, a request will next be made to 
the Chief Public Prosecutor asking that the service 
being provided to the content provider persisting in the 
violation be discontinued by the relevant service 
provider. The service being provided to the content 
provider will be restored if the violation is 
discontinued.  Service providers will submit a listing 
of the names of their content providers to the Ministry 
on the first workday of each month. Service providers 
and content providers are under the obligation to submit 
all kinds of information and documents to the Ministry 
upon request. The rules and procedures governing the 
implementation of the provisions in this Article will be 
defined as per regulations to be issued by the Ministry 
of Culture and Tourism." 
"The provisions in Subparagraph (2) of Article 72 of 
this Law will be applied to those who commit the acts 
described in the first paragraph deliberately and 
without authorization and to the content providers who 
persist in violation of rights." 
 
 
Article 26 - The following Articles have been added to 
Law No. 5846: 
Additional Article 7 - The following fees to be 
collected as per the indicated Articles of this Law 
shall be deposited in the account of the Central 
Accounting Office of the Ministry to be used for the 
enhancement of the intellectual property system, support 
for the sectors operating in this field, and cultural 
activities: 
a) Registration fees to be received in accordance with 
Article 13; 
b) The fees for application to the Reconciliation 
Committee to be received in accordance with Article 41; 
c) Banderole fees to be received in accordance with 
Article 81. 
The special deposited amounts shall be entered as 
revenue in the budget on the one hand and booked as 
allocation for existing earmarked funds or as special 
allocation for funds to be earmarked in the future in 
the budget of the Ministry of Finance to be used for the 
same purposes by the Ministry of Finance on the other 
hand. The Ministry of Finance shall be authorized to 
carry over the unused balance of the special allocations 
as revenue or allocation to the next year's budget. Out 
of the sum entered as special allocation, an amount to 
be calculated by multiplying the index value of 2000 by 
the monthly coefficient for civil servants per meeting 
day shall be paid as honoraria to committee members 
serving in the committees to be formed in accordance 
with Article 41 - limited to not more than ten meeting 
days per year. 
The procedures and principles pertaining to the use of 
the revenues indicated in Subparagraphs (a), (b), and 
(c) that are entered as special allocation shall be 
stipulated in a Regulation to be issued by the Ministry 
with the concurrence of the Ministry of Finance. 
 
 
Additional Article 8 - A data base author who has made a 
considerable investment as regards quality and quantity 
in the creation, verification and presentation of a data 
base and is entitled to exercise financial rights in the 
ways and conditions prescribed in this Law will also be 
entitled to the right to permit or prohibit, 
a) the permanent or temporary transfer to another medium 
via any means and in any manner, 
b) the distribution, sale, rental and being made public 
in any manner, 
of a portion or the whole of the data base contents with 
the exceptions specified in this Law and necessitated by 
purposes of public safety and administrative and 
judicial procedures. 
The duration of this protection granted to a data base 
author shall be 15 years from the date of becoming 
public property. 
After every qualitative and quantitative addition, 
removal, or modification producing a significant change 
in the contents of the data base and requiring a new 
investment, the new data base resulting from such 
investment will be entitled to protection terms in its 
own right. 
The provisions in Article 72, Subparagraph (3) of this 
Law shall apply to those who violate the rights granted 
per this Article. 
 
 
Additional Article 9 - For the purpose of ensuring the 
enforcement and protection of intellectual property 
rights and use in investigations and prosecutions,  the 
Ministry will create a joint data base including the 
professional unions, public premises, the 
radio/television organisations mentioned in this Law, 
and the businesses manufacturing and/or recording, 
reproducing, and selling the materials used in the 
reproduction and fixing of intellectual works and works 
of art, or distributing such materials in any manner. 
All points relevant to the technical infrastructure and 
equipment required, access, use, authorization, and 
creation of the data base will be stipulated in a 
Regulation to be issued by the Ministry. 
Additional Article 10 - An administrative fine shall be 
imposed in the following cases: 
¶1.  TL three billion on those selling on roads, squares, 
open air markets, sidewalks, piers, bridges or similar 
locations legally reproduced copies bearing banderoles 
protected within the framework of this Law. 
¶2.  TL ten billion for small enterprises, TL thirty 
billion for medium sized enterprises, and TL one hundred 
billion for larger enterprises on those operating 
without obtaining the certificates that need to be 
obtained in accordance with Article 44, or reproducing 
intellectual works and works of art requiring banderoles 
without obtaining a copy of the obligation form 
indicated in Article 81. 
¶3.  TL five billion on those failing, in contrary to the 
provisions in Additional Article 5, to submit within the 
designated time period the works that need to be 
compiled and adapted. 
Administrative fines foreseen in this article shall be 
imposed by the local authorities by citing their 
justification. 
Fines must be paid within ten days as of the date the 
relevant notification has been communicated. In the 
event of non-payment within the first ten days, the 
fines shall be doubled and the payment period shall be 
extended by another ten days. Fines not paid during the 
extended period shall be tripled. Payment of a fine 
shall not mean relief from obligations. The fines 
imposed under this Article shall be collected in 
accordance with the provisions in Law No. 6183 on the 
Collection of Public Debts. 
Fines will be communicated to the person concerned as 
per regular procedures. Objections may be raised against 
fines with the competent administrative court within ten 
days of the date of notification. Objections shall not 
suspend procedures. The court's decisions on objections 
shall be final. Objections shall be finalized promptly 
by a review of the documentation where court action is 
not deemed necessary. 
 
 
Additional Article 11 - Scientific and literary works in 
writing that have become public property or been 
published may be reproduced or lent without obtaining 
the permissions stipulated in this Law and without any 
commercial purpose in the form of cassettes, CDs, 
Braille alphabet, and similar formats by a handicapped 
person for his/her own use or by a single third person 
on the latter's behalf in a single copy, or by 
educational institutions, foundations, associations, and 
the like providing services for the benefit of the 
handicapped in as many copies as would meet their 
requirements if no such copies have already been 
produced for the use of the handicapped. Such copies may 
not be sold, made an object of trade, and used or 
allowed to be used for other than their intended 
purpose. Furthermore, it shall be obligatory to display 
the right-owners' information and indicate the purpose 
of reproduction on the copies. 
 
 
Article 27 - The following Provisional Articles have 
been added to Law No. 5846: 
Provisional Article 6 - The procedure prescribed in 
amended Articles 41 and 43 of this Law regarding the 
determination of tariffs and the conclusion of contracts 
shall be applied as of the date this Law is published 
with the current year taken as the basis irrespective of 
durations stipulated in these articles. 
The broadcasting contracts signed between professional 
unions on the one hand and public premises and 
broadcasting organizations on the other hand before the 
date of publication of this Law shall remain valid with 
all of their provisions until the end of the periods 
indicated in the contracts. 
The classification mentioned in Articles 41 and 43 of 
this Law shall be made within no later than one month 
from the date of entry into effect of this Law. Public 
premises and/or broadcasting organizations that apply to 
professional unions to obtain permission and conclude a 
contract within six months from the initial announcement 
of the tariffs by the professional unions based on, and 
made within no later than one month as of the date of, 
such classification may continue to use and/or transmit 
works, performances, phonograms, productions, and 
broadcasts for a maximum period of six months by paying 
one-quarter of the professional union tariff for periods 
of three months at a time. The provisions in this 
Article shall not impede the application of the 
procedure prescribed in Articles 41 and 43 of this Law. 
Provisional Article 7 - All vehicles, equipment and 
materials of inspection committees formed in provinces 
before the date of publication of this Law whose 
operations are no longer needed within the framework of 
Article 81 shall be transferred to the provincial 
Directorates of Culture and Tourism. 
 
 
Provisional Article 8 - The regulations called for in 
the articles amended as per this Law shall be prepared 
and made to go into effect within six months as of the 
date of publication of this Law. The database envisaged 
per Additional Article 9 of this Law is formed within 
one year as of the date of publication of this Law. 
 
 
Article 28- The following have been rescinded on the 
date of publication of this Law: 
¶1. Law No. 3257 on Cinematographic, Video And Musical 
Works dated 23.1.1986: 
a) The phrases "and banderoles" and "or without 
banderoles" in the first paragraph of Article 9; 
b) The letter "(a)" appearing in Subparagraphs (a) and 
(e) of the first paragraph of Article 10 and in the 
second paragraph; 
c) The phrase "those who display works without a work 
operating licence or without banderoles or in a manner 
not true to their original form despite the presence of 
an operating licence and banderoles as stated in the 
first paragraph" appearing in Subparagraphs (c) and (d) 
of Article 11; 
¶2.  Law No. 5846 on Intellectual Property and Works of 
Art dated 5.12.1951: 
a - The term "real" following the phrase "four times the 
primary member number" Subparagraph (b) of Article 1/B; 
b - The second and third paragraphs of Article 20; 
c - The fourth, fifth, sixth, and seventh paragraphs of 
Additional Article 5. 
 
 
Article 29 - Article 15 of this Law and the phrase 
"operating without obtaining the certificates that need 
to be obtained in accordance with Article 44, or" 
appearing in Subparagraph (2) of Additional Article 10 
added to this Law as per Article 26 of this Law shall go 
into effect six months after the date of publication of 
this Law and the remaining Articles shall go in effect 
on the date of publication. 
 
 
Article 30 - The provisions of this Law will be enforced 
by the Council of Ministers. 
End AMPEC Translation. 
Edelman