Certificate Obligation for Intellectual and Artistic Works – Intellectual Property

Turkey: Certificate obligation for intellectual and artistic works

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The Regulation amending the Regulation on the Procedures and Principles Regarding the Certification of Companies which Fill, Reproduce and Distribute or Fill in the Materials in which Intellectual and Artistic Works are Detected
(“Regulation”) was published in the Official Journal on July 6, 2021. With the regulation, the procedures and principles of the certification obligation are lightened in detail, and those who are obliged to receive a certificate are determined again.

In this context, the following places that produce materials related to the identification and reproduction of intellectual and artistic works and / or fill, reproduce and sell these materials or distribute them in any way and bring them to the public available to the public are required to obtain certificates:

  • Filling facilities, printing works and other places for the reproduction of intellectual and artistic works
  • Companies producing blank media
  • Editors
  • Film and phonogram producers
  • Commercial art galleries, fine art retailers and auction houses
  • Companies that sell, distribute, import or rent copies and material containing intellectual and artistic works

In this regard, the certification transactions of film and phonogram producers are carried out by the General Directorate of Copyright, and the certification transactions of filling facilities are carried out by the Directorate of Copyright and Cinema. ‘Istanbul. All other certification transactions will be carried out by the Provincial Directorates of Culture and Tourism in accordance with the regulations. In addition, the obligation to certify cinemas and similar places which show and show films is no longer applicable under the Regulation. In addition, the specific provisions and regulations for filling facilities were abolished and the unit occurred in practice.

In addition to the above, the obligation to display the certification is repeated within the framework of the regulation, and it is specified that the companies subject to the obligation of certificate must display the certifications during inspections. The obligation to have the certificate number is regulated for printing works, publishing houses, filling plants and similar places; and filling facilities are required to keep the source identification code (SID code) on the media.

On the other hand, companies / places that have the certificate will be able to sell books or media containing intellectual and artistic works in fairs, festivals or other cultural events provided that the “temporary sale certificate” is obtained and displayed at the ministry. provincial. Directorates of Culture and Tourism. For this, a document including the name and date of the event must be obtained from the firm / establishment organizing the event. Another thing is that the production documents of the producers of films and phonograms, which have been obtained temporarily or permanently, will not be renewed at the end of their period of validity since the producers of films and phonograms will be obliged to obtain a certificate in accordance with the regulations. It has been regulated that on the expiration date of these documents, it is mandatory to obtain a certificate, as explained above, to replace the documents from the producer.

As a result of these changes, with the regulations, an attempt was made to create unity in practice and the general principles and procedures were clearly determined. On the other hand, the date of entry into force of the relevant regulation was set at 01.01.2022 and aims to facilitate the transition period in the matters which have been modified.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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