What is Intellectual Property? – Izmir Lawyer
What is a work of art?
Law on Intellectual and Artistic Works Within the scope of Article 1/Ba, a work is defined as any kind of intellectual and artistic product that bears the distinctive characteristics of its author and is considered a work of science and literature, music, fine arts, or cinema.
What are the elements of the work?
According to our law, in order for an intellectual or artistic product to be recognized and protected as a work of art;
- It is the product of an intellectual effort,
- It should bear the owner's unique characteristics.,
- Its formation,
- It must fall into one of the types of works listed in the law.
Types of Works Under Our Legal Legislation
- Scientific and literary works
The following are scholarly and literary works:
1. Works expressed in any form through language and writing, and computer programs expressed in any form, and their preparatory designs, provided that they produce a program result in the next stage.,
2. All kinds of dances, written choreographic works, pantomimes and similar non-verbal stage works.
3. All kinds of photographic works of a technical and scientific nature that lack aesthetic qualities, as well as all kinds of maps, plans, projects, sketches, drawings, geographical and topographical models and similar items, all kinds of architectural and urban planning designs and projects, architectural models, industrial, environmental and stage designs and projects.
The ideas and principles underlying any element of a computer program, including the ideas and principles that form the basis of its interface, are not considered works of art. - Musical works
Musical works include all types of vocal and instrumental compositions. - Virtu
Fine art works are those that possess aesthetic value;
1. Oil and watercolor paintings; all kinds of drawings, designs, pastels, engravings, calligraphy and illuminations, works drawn or fixed on metal, stone, wood or other materials by etching, carving, inlaying or similar methods, calligraphy, serigraphy,
2. Statues, reliefs, and carvings,
3. Architectural works,
4. Handicrafts and small works of art, miniatures and decorative art products, as well as textiles and fashion designs.,
5. Photographic works and slides,
6. Graphic works,
7. Cartoon works,
8. All kinds of character types.
The use of sketches, drawings, models, designs, and similar works as industrial models and illustrations does not diminish their status as works of thought or art. - Cinematic works
Cinematographic works are sequences of interconnected moving images, with or without sound, that can be displayed by electronic, mechanical, or similar means, regardless of the material on which they are recorded, and include films of any kind—whether artistic, scientific, educational, or technical in nature, or depicting daily events. - Processing and Compilation
These are intellectual and artistic works that are created by utilizing another work but are not independent of it, and the main ones are listed below:
1. Translations;
2. The translation of a work such as a novel, short story, poem, or play into another of the aforementioned genres;
3. The adaptation of musical, artistic, scientific, and literary works into films, or their modification into a format suitable for filming and broadcasting via radio and television;
4. Musical arrangements and compositions;
5. The transformation of fine art works from one form to another;
6. The compilation of all or similar works of an author into a collected collection;
7. The arrangement of selected and collected works according to a specific purpose and a particular plan;
8. Making an unpublished work suitable for publication as a result of scholarly research and study (Ordinary transcriptions and facsimiles that are not the product of scholarly research and study are excluded from this);
9. An explanation, commentary, or abridgment of a work by another person.
10. Adapting, modifying, or making any changes to a computer program;
11. Databases that are created by selecting and compiling data and materials for a specific purpose and according to a particular plan, and which are readable by a device or in other forms. (However, the protection provided herein cannot be extended to protect the data and materials contained within the database.)
Provided that it does not infringe upon the rights of the original author, adaptations that bear the distinctive characteristics of the creator are considered works of art.
You can contact our expert team for advice on this matter.
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