PLR in Turkey

turkey

The Turkish Copyright Law (the Law on Artistic and Intellectual Works) dated 1951 has been amended several times since its adoption by taking into account the dynamic structure of the intellectual property system and the requirements of international law.

According to Article 23 (part.I) of the Turkish Copyright Law, an author has the exclusive right of distribution which encompasses Public Lending Right. Additionally, under Article 80 performers, phonogram producers and film producers have the exclusive right to authorize or prohibit the distribution of the original or copies of the fixations of their performances, phonograms and films.

Under copyright law, the right of distribution is exhausted where the first sale takes place in the territory of Turkey but lending right is not exhausted by any sale or other act of distribution of originals and copies of copyright works and other subject matter.

However, a PLR system has not yet been implemented in Turkey. Observers from the Ministry of Culture and Tourism attended the European PLR Conference held in Bucharest in September 2008. The Turkish government is looking at the different PLR models in operation in other countries. As an EU candidate country, Turkey will be expected to implement the 1992 Lending Right Directive. Under Article 23 (part iii) of Turkish copyright law, this can be achieved by means of a by-law issued by the Ministry of Culture and Tourism.

(November 2008)