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sounds or images belongs exclusively to the author. Also, the right to
transmit the performance, from the premises where the performance to
the public took place to any other location by means of a technical
device also belongs to the author.
Fifth, the author shall have the exclusive right to communicate the
original of a work or its copies to the public by way of broadcasting
through organizations that broadcast by wire or wireless means such as
radio and television, satellite or cable, or by devices enabling the trans-
mission of signs, sounds and/or images, including digital transmission,
or by way of re-broadcasting via other broadcasting organizations that
obtain the work from such broadcast.
Duration of Rights of the Owner of a Work
The economic rights of the author have a limited duration.
Excluding the circumstances disclosed under Articles 46 and 47 of the
Law No. 5846 (states’ authority to benefit and expropriation) everyone
may benefit from the economic rights of the owner after the expiry of
the protection period.
Except to the extent stated in the law, the protection period shall
last the entirety of the real person owner’s life-time and continues for
70 years after their death. In the event there is more than one author,
this period shall end upon the expiry of 70 years after the death of the
last remaining author.
The moral rights of the author have no limitation. Therefore, the
70-year protection period after the author’s death applied to financial
rights is not applied to moral rights.
Conclusion
The rights of the authors or owners of intellectual and artistic
works are regulated under the Law No. 5846. An intellectual and artis-
tic work bears the characteristics of its owner who is deemed to be a
real person, yet legal persons are not regarded as the author of a work
under the Turkish legal system. An author has economic and moral
rights consisting of the whole and parts of their created work. While
the economic rights of the author have an expiration date, their moral
rights do not.
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