{"id":5392,"date":"2024-07-25T08:22:22","date_gmt":"2024-07-25T05:22:22","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=5392"},"modified":"2024-07-19T11:57:31","modified_gmt":"2024-07-19T08:57:31","slug":"fikir-ve-sanat-eserlerinde-hak-ihlaline-karsi-acilabilecek-ceza-davalari-2","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/fikir-ve-sanat-eserlerinde-hak-ihlaline-karsi-acilabilecek-ceza-davalari-2\/","title":{"rendered":"Criminal Cases That Can Be Filed Against Rights Violation in Intellectual and Artistic Works"},"content":{"rendered":"Criminal Cases That Can Be Filed Against Rights Violation in Intellectual and Artistic Works
\nIntellectual 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.
\nWithin 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.
\nWhen can a criminal case be filed?
\nSome 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.
\nSome of the acts regulated as crimes in FSEK are as follows:
\n\u2022 Reproducing or disseminating the work: It is a crime to reproduce or disseminate the work without the permission of the author.
\n\u2022 Representing or performing the work: It is a crime to represent or perform the work without the permission of the author.
\n\u2022 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.
\n\u2022 Destroying or changing the work: It is a crime to destroy or change the work without the permission of the owner.
\nHow to File a Criminal Case?
\nIf 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.
\nIn 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.
\nCriminal Case Solutions
\nAs 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.
\nOther Legal Remedies Against Violation of Rights in Intellectual and Artistic Works
\nIn addition to filing a criminal case, authors can also take other legal remedies in case of infringement of intellectual property rights, such as:
\n\u2022 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.
\n\u2022 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.
\n\u2022 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.","protected":false},"excerpt":{"rendered":"

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 […]<\/p>\n","protected":false},"author":12,"featured_media":5395,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5392","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5392","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=5392"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5392\/revisions"}],"predecessor-version":[{"id":5396,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5392\/revisions\/5396"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/5395"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=5392"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=5392"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=5392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}