A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products

Cases for violating intellectual and artistic property rights are regulated by the Turkish Copyright Code (TCC), in Articles 66-68. Where the TCC regulates the refutation of infringement of moral rights in Article 67, the refutation of infringement of financial rights is regulated in Article 68. Art...

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Main Author: Mustafa Ateş
Format: Article
Language:English
Published: Istanbul University Press 2024-08-01
Series:İstanbul Hukuk Mecmuası
Subjects:
Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/979261A45D434BD383B37F2F5ECB6954
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author Mustafa Ateş
author_facet Mustafa Ateş
author_sort Mustafa Ateş
collection DOAJ
description Cases for violating intellectual and artistic property rights are regulated by the Turkish Copyright Code (TCC), in Articles 66-68. Where the TCC regulates the refutation of infringement of moral rights in Article 67, the refutation of infringement of financial rights is regulated in Article 68. Article 68 provides that the owner of financial rights on intellectual products is authorised to demand three times more than the price or current price that would have been requested if the contract had been made from the person who violated the right. Likewise, in case of duplication, the rights holder is granted optional powers to request that the copies reproduced without permission be returned to him for an appropriate fee, destroyed, or paid three times the usual price. In this essay, Article 68 of the TCC, which found intense application after the 1995 amendments and invited heated debates, is analysed in detail.
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spelling doaj-art-0dccec1777a044e1b0094f5ea93bda342025-08-20T02:15:32ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742024-08-0182252557410.26650/mecmua.2024.82.2.0006123456A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted ProductsMustafa Ateş0https://orcid.org/0000-0002-2401-5384İstanbul Sabahattin Zaim Üniversitesi, Istanbul, TurkiyeCases for violating intellectual and artistic property rights are regulated by the Turkish Copyright Code (TCC), in Articles 66-68. Where the TCC regulates the refutation of infringement of moral rights in Article 67, the refutation of infringement of financial rights is regulated in Article 68. Article 68 provides that the owner of financial rights on intellectual products is authorised to demand three times more than the price or current price that would have been requested if the contract had been made from the person who violated the right. Likewise, in case of duplication, the rights holder is granted optional powers to request that the copies reproduced without permission be returned to him for an appropriate fee, destroyed, or paid three times the usual price. In this essay, Article 68 of the TCC, which found intense application after the 1995 amendments and invited heated debates, is analysed in detail.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/979261A45D434BD383B37F2F5ECB6954intellectual and artistic productscopyrightfinancial rightsremoval of infringementreasonable price for copyrighttreble damagenature of table damage
spellingShingle Mustafa Ateş
A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products
İstanbul Hukuk Mecmuası
intellectual and artistic products
copyright
financial rights
removal of infringement
reasonable price for copyright
treble damage
nature of table damage
title A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products
title_full A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products
title_fullStr A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products
title_full_unstemmed A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products
title_short A Review on (Art. 68 of TCC) the Termination Methods for Infringement of Financial Rights on Copyrighted Products
title_sort review on art 68 of tcc the termination methods for infringement of financial rights on copyrighted products
topic intellectual and artistic products
copyright
financial rights
removal of infringement
reasonable price for copyright
treble damage
nature of table damage
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/979261A45D434BD383B37F2F5ECB6954
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