“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "to present someone else’s work as your own, taking a piece from someone else’s work without citing the source."
While there is no definition for plagiarism under LIAW, instances of "freedom of quotation" are clearly defined under…
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Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing…
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With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the…
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More than 20 years of copyright litigation has finally ended in favor of Yannis Karalis a Greek composer and lyricist. While the dispute has made a lot of noise with the inclusion of prominent names in the music industry among the defendants, it also draws attention to the problematic points in the judicial system in terms of the length of the trial process.
As discussed in our previous article, in the context of the relevant dispute, Yannis Karalis (the Claimant) filed an…
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In the Law, special categories of personal data are defined in a limited manner as data related to a person’s race, ethnic origin, political opinions, philosophical beliefs, religion, sect, or other beliefs, attire, membership in associations, foundations, or trade unions, health, sexual life, criminal convictions, security measures, as well as biometric and genetic data.
Before the enactment of the Amendment Law, the processing of special categories of personal data under…
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Prior to the Amendment Law, personal data could mostly be transferred abroad with the explicit consent of the data subject, as the other legal grounds specified in the legislation were either not available or not applicable. Since the Law's enactment in 2016, the fact that the Board had not yet established a list of countries providing adequate protection had significantly limited and complicated the practice of cross-border data transfer. This situation made obtaining…
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