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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| Language: | English |
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Istanbul University Press
2024-08-01
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| Series: | İstanbul Hukuk Mecmuası |
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| 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. |
| format | Article |
| id | doaj-art-0dccec1777a044e1b0094f5ea93bda34 |
| institution | OA Journals |
| issn | 2667-6974 |
| language | English |
| publishDate | 2024-08-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| 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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