Criminal Cases That Can Be Filed Against Rights Violation in Intellectual and Artistic Works
Intellectual and artistic works are valuable assets that represent the labor and creativity of their owners. Protecting the rights regarding these works is of great importance both in terms of protecting the material and moral interests of the owner of the work and in encouraging artistic and intellectual production in society.
Within the scope of the Law on Intellectual and Artistic Works (FSEK), authors are granted financial and moral rights over their works. In case of violation of these rights, authors can take various legal remedies. One of these ways is to file a criminal case.
When can a criminal case be filed?
Some articles in FSEK regulate the infringement of intellectual rights as a crime. In order to file a criminal case based on these articles, the financial or moral rights of the owner of the work must be violated and the violation must be an action that is considered a crime in FSEK.
Some of the acts regulated as crimes in FSEK are as follows:
• Reproducing or disseminating the work: It is a crime to reproduce or disseminate the work without the permission of the author.
• Representing or performing the work: It is a crime to represent or perform the work without the permission of the author.
• Describing a work as fake: It is a crime to describe a work as fake, knowing that it is not the work of the original author.
• Destroying or changing the work: It is a crime to destroy or change the work without the permission of the owner.
How to File a Criminal Case?
If there is suspicion that intellectual rights have been violated, the author or legal right holder may file a criminal complaint with the prosecutor’s office. If the prosecutor’s office finds sufficient evidence as a result of its investigation, it files a lawsuit against the violator.
In a criminal case, evidence must be presented that the rights of the author have been violated. These evidence include the registration certificate of the work, the original of the work, witness statements, expert reports, etc. may take place.
Criminal Case Solutions
As a result of a criminal case, a fine or imprisonment may be imposed on the violator. In addition, the court may decide to eliminate the violation of the violated rights.
Other Legal Remedies Against Violation of Rights in Intellectual and Artistic Works
In addition to filing a criminal case, authors can also take other legal remedies in case of infringement of intellectual property rights, such as:
• Filing a civil lawsuit: Owners of works can file a civil lawsuit to demand compensation for the material and moral damages they suffer due to infringement of intellectual rights.
• Filing a lawsuit for the prohibition of infringement: Authors of works can file a lawsuit for the prohibition of infringement to prevent the continuation or repetition of infringement of intellectual rights.
• Filing a lawsuit to refute infringement: Authors of works can file a lawsuit to refute infringement to demand the elimination of the unlawful situation resulting from infringement of intellectual rights.
