Article 14 of the Law on Intellectual and Artistic Works No. 5846 protects the moral rights of the author over the work. Moral rights represent the personal bond of the author with the work, independent of the economic value of the work. These rights ensure that the author's name is associated with the work, the integrity of the work is preserved, and the reputation of the author are not damaged.
Moral Rights of the Author:
Right of Disclosure: The author has the exclusive right to present their work to the public for the first time. This includes the right to publish, exhibit, perform, or otherwise make the work available to the public.
Right of Attribution: The author has the right to demand that their name be mentioned or not mentioned in any use of the work. This ensures that the author's personal connection with the work is protected.
Right to Prevent Modification: The author has the right to prevent any modification, abridgement, or other alteration of the work when used with their name. This ensures the integrity of the work is preserved.
Right to Prevent Distortion: The author has the right to prevent any distortion, mutilation, or other modification of the work that would prejudice their honor or reputation. This protects the author's honor and reputation.
Inalienability and Transfer to Heirs: Moral rights are personal rights of the author and therefore cannot be transferred but the authorization for use can be transferred. However, upon the author's death, these rights pass to their heirs who then have the responsibility to protect them.
Moral rights are a fundamental concept in the intellectual property laws of many countries. However, there may be some differences between countries. For example, in some countries, the duration of protection for moral rights may be limited, whereas in Turkey, moral rights continue to be protected by heirs even after the author's death. Additionally, the scope of moral rights may be broader in some countries, granting the author additional rights such as the right to control the commercial use of the work.
In general, the regulation of moral rights in Turkey aims to protect the integrity of the work and the honor and reputation of the author, and in this respect, it is similar to the regulations in many other countries. However, due to the differences between countries, in cases where a work from abroad is used in Turkey or a work from Turkey is used abroad, the intellectual property laws of the relevant countries should be carefully examined.
Duration of Protection for Moral Rights
● Turkey: The author's moral rights are protected indefinitely by their heirs even after the author's death.
● France: Moral rights are protected for 70 years after the author's death.
● Germany: Moral rights are protected for 70 years after the author's death.
● USA: Moral rights are recognized in a limited way for "works of visual art," and the protection lasts for the life of the author plus 70 years after their death. For other types of works, moral rights are generally not recognized.
Scope of Moral Rights
● Turkey: Moral rights include the right of disclosure, the right of attribution, the right to prevent modification, and the right to prevent distortion.
● France: Similar to Turkey, moral rights include the right of disclosure, the right of attribution, the right of integrity (protection of the work's integrity), and the right of withdrawal (withdrawal of the work from the market).
● Germany: Similar to Turkey, moral rights include the right of disclosure, the right of attribution, and the right to the integrity of the work.
● USA: Moral rights are recognized in a limited way for works of visual art and include the right of attribution, the right of integrity, and the right to prevent false attribution.
Transferability of Moral Rights
● Turkey: Moral rights are inalienable and can only be transferred through inheritance.
● France: Moral rights are inalienable, but in some cases, certain rights may be exercised with the consent of the heirs after the author's death.
● Germany: Moral rights are inalienable, but in some cases, certain rights may be exercised after the author's death.
● USA: Moral rights are recognized in a limited way for works of visual art, and these rights are transferable.
Additional Rights
● Turkey: Moral rights include the four fundamental rights mentioned above.
● France: Additional moral rights are recognized in France, such as the author's right to control the commercial use of their work.
● Germany: Additional moral rights are recognized in Germany, such as the author's right to control the public exhibition of their work.
● USA: The moral rights recognized for works of visual art in the USA are limited, and additional moral rights are generally not recognized.
Article 14 of the Law on Intellectual and Artistic Works No. 5846 is a crucial regulation that protects the moral rights of authors. This article strengthens the personal bond between authors and their works, thereby encouraging creativity and contributing to the preservation of cultural heritage.
Moral rights benefit not only the authors but also society as a whole. Protecting the integrity of works contributes to the preservation of cultural heritage and its transmission to future generations. Additionally, safeguarding the reputation of authors fosters a thriving creative environment and encourages the creation of new works.
Commenti