The new ammendments, publicly known as the anti-piracy law, has been announced in the Official Gazete on 12/04/2004.
MÜ-YAP: RATIFICATION OF THE AMMANDMENTS FOR COPYRIGHT LAWS IS A STEP FORWARD WHICH WILL INCREASE THE PRESTIGE OF TURKEY
The spokesmen of AKP, the ruling party and CHP, the opposition both emphasized in their speeches the damages caused by piracy in the sectors like music, publishing and movies and also underlined that our country will get rid off a shame by the ratification of the ammendments. The articles and the whole of the proposal were ratified unanimously after the discussions.
Mr. Aydın Oskay, the chairman of MÜ-YAP has evaluated the ratified ammendments:
“The law has been a step forward for prevention of unlegitemate use of the products subject to intellectual property which is publicly known as piracy. Our country will gain prestige if the enforcement is realised effectively in practice.
The security forces and the municipalities are given important duties with the new articles. The continuation of the approach of the Ministry to negotiate with the related societies during the preparation phase is of great importance for reaching the goals of the ammendments. Thus the enforcement authorities should consider this during implementation.
On the other hand the ammendmendts create new responsibilities for the societies. The obligation of giving the data about the represented rights to a common data base regularly and strengthening of the supervisions against the problems which might arise in distribution of the license fees, will force the societies to improve their organisations. As a result, some of the problems which have been faced in rights management are expected to disappear.
We also expect important increases in the productions of the related sectors after effective implementation of the ammendments.”
Short Activity Report of 2003 and the Audit Report prepared by independent auditors has been distributed to the attendants. The ammendments to Law no: 5846 constituted the main agenda of the meeting. The members mentioned their expectations about the positive steps which the ammendments will create against piracy and unauthorised consumption of music in public.
The group in which Chairman Aydın Oskay and Board Member Bülent Forta were the representatives of MÜ-YAP later visited the chairmans of the related Parliamentary Committees and than Mr. Deniz Baykal, the president of the opposition party CHP.
Lack of knowledge of the producers about the issue and the lack of an national agency which will promote the system.
MÜ-YAP application to IFPI to become the national agency has been accepted and implementation is planned to be realised within 2004. With the system being effective, the confusions will be eliminated and a more effective rights management system will be in use.
These changes were planned to
1) Prevent the sales on the streets(even if the products are legal) 2)Get rid off the contraictions between law No 5846 and 3257 for effective jurisdication 3)Consider piracy as organised crime 4) Inervention of security forces even without any application from the right holders 5)Increase the effectivness of custom controls 6) Consider importation of illegal products as organised smuggling 7) Prevent unauthorised broadcasting of radio-TV’s 8)Increase the effectivity of the bandrol system and the enforcement activities related to this system 9) Establish a data base for a better rights management system
The final text was finalized in January 2004. The Ministry had negotiated with the rights and neighbouring rights societies during the preparation process and this was a real improvement itself.
The below mentioned ammendments were based on the proposals from the right holders and especially from producers who were facing the negative consequences of piracy. It is expected that the street sales of pirate products will be prevented and the security forces who were reluctant to tackle with the problem because of the neccessity for personal complaint, will beome more active after the ammendments will be put into force.
Even more important are the changes related to prevent the contradiction of different laws which were causing the uneffectiveess of the jurisdical system. With the new ammendments the sentences for the violation of intellectual rights have to be verdicted according to law No. 5846.
The data base system is also expected to be an effective registration system which will stop the confusions about right ownership.
The list of the awarded producers and performers is below:
1. Shakira Servico De Lavaderia Sony (Türkiye) Müzik ve Sanat A.Ş.
2. Eminem Eminem Show Universal Müzik Yap. Org. San. ve Tic. A.Ş.
1. Haberin Olsun – Yıldız Tilbe – Avrupa Müzik Yapım Prod. Yay. Tic. A.Ş.
2. Neler Oluyor Bize – İlhan Şeşen – Doğan Müzik Yapım ve Tic. A.Ş.
3. Senin İçin – Muazzez Ersoy – Doğan Müzik Yapım ve Tic. A.Ş.
4. Şarkı Söylemek Lazım – Sezen Aksu – Doğan Müzik Yapım ve Tic. A.Ş.
5. Kop – Mustafa Sandal – Erol Köse Prod. Yapım Tic. A.Ş.
6. Sen Yoluna Ben Yoluma – Hande Yener – Karizma Müzik Kaset Dağ. San. ve Dış Tic. Ltd. Şti.
7. Ahdım Olsun – Ebru Gündeş – Neşe Müzik Yapım San. ve Tic. A.Ş.
8. Ne Oldu Can – Kayahan – Neşe Müzik Yapım San. ve Tic. A.Ş.
9. Artı – Emrah Erdoğan – Neşe Müzik Yapım San. ve Tic. A.Ş.
10. Zaman – Tufan Kıraç – TMC Film Müzik Üretim ve Paz. A.Ş.
11. Neden – Candan Erçetin – Topkapı Mümessillik ve Tic. Ltd. Şti.
12. Yüzyılın Türküleri – Mahsun Kırmızıgül – Popüler Müzik Yap. Film Rek. Halk. İlş. San. Tic. Ltd. Şti.
13. Leyla – Özcan Deniz – Popüler Müzik Yap. Film Rek. Halk. İlş. San. Tic. Ltd. Şti.
14. Bir Erkeğin Günlüğü – Haluk Levent – Popüler Müzik Yap. Film Rek. Halk. İlş. San. Tic. Ltd. Şti.
15. Ay Yüzlüm – Murat Göğebakan – Özbir Müzik
TÜROB has advised her 1548 members to follow the protocol.
26 agreements have been signed until 30th September 2002. Though it’s a small number in comparison to 1548 TUROB members, the step forward is really important for the recognition of performing rights.