Tekirdağ Namık Kemal Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: ["Zülal TUNÇEL"]

Konular:-

Anahtar Kelimeler:Sinema Eseri,Sinema Eseri Sahipliği,Birlikte Eser Sahipliği,Müşterek Eser Sahipliği,İştirak Halinde Eser Sahipliği

Özet: Cinematographic works are produced by their nature with the contribution of many people. Only the director, the original music composer, the script writer, the dialogue writer and the animator in the works that are created with the animation technique are accepted as the author. It is regulated in the 3rd paragraph of Article 8 of the Law on Intellectual and Artistic Works No. 5846 that the persons mentioned are the collaborative authors of the cinematographic works. However, the regulation does not clarify the legal status of an association composed by cinematographic works’ authors. There are two types of collaborative authorship recognized in Turkish law, these are joint authorship and collective authorship. In the doctrine, there is no consensus on which of the collaborative authorship type corresponds to the cinematographic works’ authors association. While there are those who argue that this association is a joint authorship of works, there are also those who argue it is a collective one. There is also a third opinion which claims that the association of cinematographic works’ authors has a sui generis status, a synthesis of joint and collective authorship.

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