Commons:Copyright rules by territory/Turkey/ja: Difference between revisions

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|Country = トルコ
|Country = トルコ
|Flag = Flag of Turkey.svg
|Flag = Flag of Turkey.svg
|Map = Turkey on the globe (Europe centered).svg
|Map = Turkey in its region.svg
|Standard = 死後70年
|Standard = 死後70年
|Photograph =
|Photograph =
|Anonymous = 公表後70年
|Anonymous = 公表後70年
|Year end =
|Year end =
|Freedom of panorama = <span lang="en" dir="ltr" class="mw-content-ltr">Yes</span>
|Tags = {{tl|PD-Turkey}}<br/>{{tl|PD-TR-currency}}
|Tags = {{tl|PD-Turkey}}<br/>{{tl|PD-TR-currency}}
|Berne date = 1952年{{0}}1月{{0}}1日
|Berne date = 1952年{{0}}1月{{0}}1日
Line 14: Line 15:
|URAA date = 1996年{{0}}1月{{0}}1日
|URAA date = 1996年{{0}}1月{{0}}1日
}}
}}
<div lang="en" dir="ltr" class="mw-content-ltr">
This page provides an overview of '''copyright rules of Turkey''' relevant to uploading works into Wikimedia Commons.
This page provides an overview of '''copyright rules of Turkey (or Türkiye)''' relevant to uploading works into Wikimedia Commons.
Note that any work originating in {{wp-Turkey|Turkey}} must be in the public domain, or available under a free license, in both Turkey and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Turkey, refer to the relevant laws for clarification.
Note that any work originating in {{wp-Turkey|Turkey}} must be in the public domain, or available under a free license, in both Turkey and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Turkey, refer to the relevant laws for clarification.
</div>


<span id="Background"></span>
==背景==
==背景==


<div lang="en" dir="ltr" class="mw-content-ltr">
The modern republic of Turkey was formed in 1923 as a successor state to the Ottoman Empire.
The modern republic of Turkey was formed in 1923 as a successor state to the Ottoman Empire.
</div>


<div lang="en" dir="ltr" class="mw-content-ltr">
Turkey has been a member of the {{wp-Berne Convention|Berne Convention}} since 1 January 1952, the {{wp-World Trade Organization|World Trade Organization}} since 26 March 1995 and the {{wp-WIPO Copyright Treaty|WIPO Copyright Treaty}} since 28 November 2008.<ref name=Turkey-WIPO/>
Turkey has been a member of the {{wp-Berne Convention|Berne Convention}} since 1 January 1952, the {{wp-World Trade Organization|World Trade Organization}} since 26 March 1995 and the {{wp-WIPO Copyright Treaty|WIPO Copyright Treaty}} since 28 November 2008.
</div><ref name=Turkey-WIPO/>


<div lang="en" dir="ltr" class="mw-content-ltr">
As of 2018 the {{wp-World Intellectual Property Organization|World Intellectual Property Organization}} (WIPO), an agency of the United Nations, listed ''Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'' as the main IP law enacted by the legislature of Turkey.<ref name=Turkey-WIPO/>
As of 2018 the {{wp-World Intellectual Property Organization|World Intellectual Property Organization}} (WIPO), an agency of the United Nations, listed ''Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'' as the main IP law enacted by the legislature of Turkey.<ref name=Turkey-WIPO/>
WIPO holds the text of this law in their {{wp-WIPO Lex|WIPO Lex}} database.<ref name=Law2014/>
WIPO holds the text of this law in their {{wp-WIPO Lex|WIPO Lex}} database.
</div><ref name=Law2014/>


<span id="General_rules"></span>
== 一般規則 ==
== 一般規則 ==


<div lang="en" dir="ltr" class="mw-content-ltr">
Under ''Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'',
Under ''Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'',
*The author of a work is the one who made it. The author of a adaptation and compilation is who processes it, provided that the rights of the original author are protected.{{sref|5846/1951 Article 8}}
*The author of a work is the one who made it. The author of a adaptation and compilation is who processes it, provided that the rights of the original author are protected.{{sref|5846/1951 Article 8}}
Line 34: Line 46:
*If there is more than one author, this period shall end upon the expiry of 70 years after the death of the last surviving author.{{sref|5846/1951 Article 27}}
*If there is more than one author, this period shall end upon the expiry of 70 years after the death of the last surviving author.{{sref|5846/1951 Article 27}}
*The term of protection for works that have been first made public after the death of the author shall be 70 years after the date of death.{{sref|5846/1951 Article 27}}
*The term of protection for works that have been first made public after the death of the author shall be 70 years after the date of death.{{sref|5846/1951 Article 27}}
</div>
<div lang="en" dir="ltr" class="mw-content-ltr">
*The term of protection for anonymous works where the author remains unknown shall be 70 years from the date on which the work was made public.{{sref|5846/1951 Article 27}}
*The term of protection for anonymous works where the author remains unknown shall be 70 years from the date on which the work was made public.{{sref|5846/1951 Article 27}}
*If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.{{sref|5846/1951 Article 27}}
*If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.{{sref|5846/1951 Article 27}}
</div>


<div lang="en" dir="ltr" class="mw-content-ltr">
== 保護を受けない著作物 ==
===Previous term===
</div>


<div lang="en" dir="ltr" class="mw-content-ltr">
The original [https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc034/kanuntbmmc034/kanuntbmmc03405846.pdf 1951 copyright law] had a copyright term of 50 years before [https://www.mevzuat.gov.tr/mevzuatmetin/1.3.5846.pdf being extended to 70 years] in 1995.
</div>

<span id="Not_protected"></span>
== 保護を受けない著作物 ==
<noinclude>{{CRT shortcut|NOP|Turkey}}
</noinclude><div lang="en" dir="ltr" class="mw-content-ltr">
The reproduction, distribution, adaptation or exploitation in any other form of laws, by­laws, regulations, notifications, circulars and court decisions that have been officially published or announced is permitted.{{sref|5846/1951 Article 31}}
The reproduction, distribution, adaptation or exploitation in any other form of laws, by­laws, regulations, notifications, circulars and court decisions that have been officially published or announced is permitted.{{sref|5846/1951 Article 31}}
</div>


<span id="Copyright_tags"></span>
==コピーライト・タグ==
==コピーライト・タグ==
<noinclude>{{CRT shortcut|TAG|Turkey}}
<noinclude>{{CRT shortcut|TAG|Turkey}}
</noinclude>*{{tl|PD-Turkey}} for works whose author died more than 70 years ago, and anonymous works published more than 70 years ago.
</noinclude><div lang="en" dir="ltr" class="mw-content-ltr">
*{{tl|PD-Turkey}} for works whose author died more than 70 years ago, and anonymous works published more than 70 years ago.
*{{tl|PD-TR-currency}} for images of Turkish currency.
*{{tl|PD-TR-currency}} for images of Turkish currency.
*{{tl|Legislation-TR}} for Turkish legislation
</div>


==Currency==
<span id="Currency"></span>
==通貨==
<noinclude>{{CRT shortcut|CUR|Turkey}}
<noinclude>{{CRT shortcut|CUR|Turkey}}
</noinclude><div lang="en" dir="ltr" class="mw-content-ltr">
</noinclude>{{OkMark}}: Electronic reproductions of banknotes and coins are permitted by the Central Bank of the Republic of Turkey, under the following conditions:<ref name=TCMBen/><ref name=TCMBtu/>
{{OkMark}}: Electronic reproductions of banknotes and coins are permitted by the Central Bank of the Republic of Turkey, under the following conditions:
</div><ref name=TCMBen/><ref name=TCMBtu/>
<div lang="en" dir="ltr" class="mw-content-ltr">
* They must not exceed 72 dpi (dots per inch); and
* They must not exceed 72 dpi (dots per inch); and
* The expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be printed diagonally across the reproduction in Arial font or a font similar to Arial font. The length of the expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be at least 75 percent of the length of reproduction, and the height thereof must be at least 15 percent of the width of the reproduction. The characters must be written in a non-transparent (opaque) color contrasting with the dominant color of the respective banknote. In two-sided reproductions, the abovementioned expression must be printed on both sides.
* The expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be printed diagonally across the reproduction in Arial font or a font similar to Arial font. The length of the expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be at least 75 percent of the length of reproduction, and the height thereof must be at least 15 percent of the width of the reproduction. The characters must be written in a non-transparent (opaque) color contrasting with the dominant color of the respective banknote. In two-sided reproductions, the abovementioned expression must be printed on both sides.
</div>


<span id="Freedom_of_panorama"></span>
==Freedom of panorama==
== 風景の自由(FOP) ==
<noinclude>{{CRT shortcut|FOP|Turkey}}
<noinclude>{{CRT shortcut|FOP|Turkey}}
</noinclude><div lang="en" dir="ltr" class="mw-content-ltr">
</noinclude>{{OkMark}} {{tl|FoP-Turkey}} Under ''Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'',
{{OkMark}} only for exterior architecture and artistic works permanently found on public streets, avenues, and squares. {{NotMark}} for interior architecture and artistic works found in other types of public places (like outdoor parks or museum indoors). {{tl|FoP-Turkey}} Under ''Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'',
*Works of fine arts permanently placed on public streets, avenues or squares may be reproduced by drawings, graphics, photographs and the like, distributed, shown by projection in public premises or broadcast by radio or similar means. For architectural works, this freedom is only valid for the exterior form.{{sref|5846/1951 Article 40}}
*Works of fine arts permanently placed on public streets, avenues or squares may be reproduced by drawings, graphics, photographs and the like, distributed, shown by projection in public premises or broadcast by radio or similar means. For architectural works, this freedom is only valid for the exterior form.{{sref|5846/1951 Article 40}}
</div>
*Works of fine arts are the following works, which have aesthetic value: Oil paintings or water colors, all types of drawings, patterns, pastels, engravings, artistic scripts and gildings, works drawn or fixed on metal, stone, wood or other material by engraving, carving, ornamental inlay or similar methods, calligraphy, silk screen printing; Sculptures, reliefs and carvings; Architectural works; Handicraft and minor works of art, miniatures and works of ornamentation, textiles, fashion designs; Photographic works and slides; Graphic works; Cartoons; All kinds of personifications.{{sref|5846/1951 Article 4}}
<div lang="en" dir="ltr" class="mw-content-ltr">
*'''Works of fine arts are the following works, which have aesthetic value:''' Oil paintings or water colors, all types of drawings, patterns, pastels, engravings, artistic scripts and gildings, works drawn or fixed on metal, stone, wood or other material by engraving, carving, ornamental inlay or similar methods, calligraphy, silk screen printing; Sculptures, reliefs and carvings; Architectural works; Handicraft and minor works of art, miniatures and works of ornamentation, textiles, fashion designs; Photographic works and slides; Graphic works; Cartoons; All kinds of personifications.{{sref|5846/1951 Article 4}}
</div>


<div lang="en" dir="ltr" class="mw-content-ltr">
==Stamps==
See also [[Commons talk:Freedom of panorama/Archive 9#Turkey]] for a discussion about Turkish freedom of panorama.
</div>

<span id="Stamps"></span>
== 切手 ==
<noinclude>{{Comseealso|Commons:Stamps/Public domain}}
<noinclude>{{Comseealso|Commons:Stamps/Public domain}}
</noinclude>
</noinclude>
<div lang="en" dir="ltr" class="mw-content-ltr">
[[File:Red copyright.svg|25px]] Under ''Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'',
[[File:Red copyright.svg|25px]] Under ''Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)'',
*The rights in works created by civil servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.{{sref|5846/1951 Article 18}}
*The rights in works created by civil servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.{{sref|5846/1951 Article 18}}
</div>
<div lang="en" dir="ltr" class="mw-content-ltr">
*If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.{{sref|5846/1951 Article 27}}
*If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.{{sref|5846/1951 Article 27}}
The copyright for stamps therefore belongs to the Turkish government and lasts 70 years from publication.
The copyright for stamps therefore belongs to the Turkish government and lasts 70 years from publication.
Thus, any stamp issued 70 or more years ago (published before 1 January {{ #expr: {{{year|{{CURRENTYEAR}}}}}-70}}) is public domain.
Thus, any stamp issued 70 or more years ago (published before 1 January {{ #expr: {{{year|{{CURRENTYEAR}}}}}-70}}) is public domain.
</div>

<div lang="en" dir="ltr" class="mw-content-ltr">
==Threshold of originality==
</div>
<noinclude>{{CRT shortcut|TOO|Turkey}}
</noinclude>
<div lang="en" dir="ltr" class="mw-content-ltr">
Might be {{OK}}
The Turkish copyright laws depend on the work bearing the characteristics of its creator while deciding whether the work is original, and considered on a case-by-case basis.<ref>{{Cite web|url=http://acikerisim.bahcesehir.edu.tr:8080/xmlui/bitstream/handle/123456789/910/084581C1.pdf|title=ECONOMIC AND MORAL RIGHTS IN TURKISH AND EUROPEAN UNION COPYRIGHT LAW|year=2009}}</ref>
</div>


<span id="See_also"></span>
==See also==
==関連項目==


*{{pg|Turkey}}
*{{pg|Turkey}}
Line 75: Line 135:
*{{pg|Commons:Copyright rules by territory/Ottoman Empire}}
*{{pg|Commons:Copyright rules by territory/Ottoman Empire}}


==Citations==
<span id="Citations"></span>
==出典==
{{reflist|refs=
{{reflist|refs=
<ref name=Law2014>{{cite web |url=http://www.wipo.int/edocs/lexdocs/laws/en/tr/tr174en.pdf |accessdate=2018-11-08
<ref name=Law2014>{{cite web |url=http://www.wipo.int/edocs/lexdocs/laws/en/tr/tr174en.pdf |accessdate=2018-11-08
|title=Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)
|title=Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020)
|year=2014 |publisher=Turkey}}</ref>
|year=2014 |publisher=Turkey}}</ref>
<ref name=TCMBen>[http://www.tcmb.gov.tr/wps/wcm/connect/TCMB+EN/TCMB+EN/Main+Menu/BANKNOTES/General+Information+on+Banknotes/Banknote+Reproduction Central Bank of the Republic of Turkey &ndash; Banknote Reproduction] (English)</ref>
<ref name=TCMBen>[https://www.tcmb.gov.tr/wps/wcm/connect/EN/TCMB+EN/Main+Menu/Banknotes/General+Information+on+Banknotes/Banknote+Reproduction Central Bank of the Republic of Turkey &ndash; Banknote Reproduction] (English)</ref>
<ref name=TCMBtu>[http://mevzuat.basbakanlik.gov.tr/Metin.Aspx?MevzuatKod=1.5.5083&MevzuatIliski=0&sourceXmlSearch=para Turkish currency law] (Turkish)</ref>
<ref name=TCMBtu>[http://mevzuat.basbakanlik.gov.tr/Metin.Aspx?MevzuatKod=1.5.5083&MevzuatIliski=0&sourceXmlSearch=para Turkish currency law] (Turkish)</ref>
<ref name=Turkey-WIPO>{{cite web |url=http://www.wipo.int/wipolex/en/results.jsp?countries=TR&cat_id=11 |accessdate=2018-11-08
<ref name=Turkey-WIPO>{{cite web |url=http://www.wipo.int/wipolex/en/results.jsp?countries=TR&cat_id=11 |accessdate=2018-11-08

Latest revision as of 15:26, 18 May 2024

This page provides an overview of copyright rules of Turkey (or Türkiye) relevant to uploading works into Wikimedia Commons. Note that any work originating in Turkey must be in the public domain, or available under a free license, in both Turkey and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Turkey, refer to the relevant laws for clarification.

背景

The modern republic of Turkey was formed in 1923 as a successor state to the Ottoman Empire.

Turkey has been a member of the Berne Convention since 1 January 1952, the World Trade Organization since 26 March 1995 and the WIPO Copyright Treaty since 28 November 2008.

[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 5846 of December 5, 1951, on Intellectual and Artistic Works (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020) as the main IP law enacted by the legislature of Turkey.[1] WIPO holds the text of this law in their WIPO Lex database.

[2]

一般規則

Under Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020),

  • The author of a work is the one who made it. The author of a adaptation and compilation is who processes it, provided that the rights of the original author are protected.[5846/1951 Article 8]
  • The rights in works created by civil servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.[5846/1951 Article 18]
  • The term of protection shall last for the lifetime of the author and for 70 years after his death.[5846/1951 Article 27]
  • If there is more than one author, this period shall end upon the expiry of 70 years after the death of the last surviving author.[5846/1951 Article 27]
  • The term of protection for works that have been first made public after the death of the author shall be 70 years after the date of death.[5846/1951 Article 27]
  • The term of protection for anonymous works where the author remains unknown shall be 70 years from the date on which the work was made public.[5846/1951 Article 27]
  • If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.[5846/1951 Article 27]

Previous term

The original 1951 copyright law had a copyright term of 50 years before being extended to 70 years in 1995.

保護を受けない著作物

ショートカット

参照:Commons:Unprotected works

The reproduction, distribution, adaptation or exploitation in any other form of laws, by­laws, regulations, notifications, circulars and court decisions that have been officially published or announced is permitted.[5846/1951 Article 31]

コピーライト・タグ

参照:Commons:コピーライト・タグ

通貨

参照:Commons:通貨

 : Electronic reproductions of banknotes and coins are permitted by the Central Bank of the Republic of Turkey, under the following conditions:

[3][4]

  • They must not exceed 72 dpi (dots per inch); and
  • The expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be printed diagonally across the reproduction in Arial font or a font similar to Arial font. The length of the expression “ÖRNEKTİR GEÇMEZ” or “SPECIMEN” must be at least 75 percent of the length of reproduction, and the height thereof must be at least 15 percent of the width of the reproduction. The characters must be written in a non-transparent (opaque) color contrasting with the dominant color of the respective banknote. In two-sided reproductions, the abovementioned expression must be printed on both sides.

風景の自由(FOP)

参照:Commons:風景の自由

  only for exterior architecture and artistic works permanently found on public streets, avenues, and squares.    for interior architecture and artistic works found in other types of public places (like outdoor parks or museum indoors). {{FoP-Turkey}} Under Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020),

  • Works of fine arts permanently placed on public streets, avenues or squares may be reproduced by drawings, graphics, photographs and the like, distributed, shown by projection in public premises or broadcast by radio or similar means. For architectural works, this freedom is only valid for the exterior form.[5846/1951 Article 40]
  • Works of fine arts are the following works, which have aesthetic value: Oil paintings or water colors, all types of drawings, patterns, pastels, engravings, artistic scripts and gildings, works drawn or fixed on metal, stone, wood or other material by engraving, carving, ornamental inlay or similar methods, calligraphy, silk screen printing; Sculptures, reliefs and carvings; Architectural works; Handicraft and minor works of art, miniatures and works of ornamentation, textiles, fashion designs; Photographic works and slides; Graphic works; Cartoons; All kinds of personifications.[5846/1951 Article 4]

See also Commons talk:Freedom of panorama/Archive 9#Turkey for a discussion about Turkish freedom of panorama.

切手

参照:Commons:切手

Under Law No. 5846 of December 5, 1951 (as amended up to decision no 2020/29 of Constitutional Court of Turkey on July 17, 2020),

  • The rights in works created by civil servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.[5846/1951 Article 18]
  • If the first author is a legal person, the term of protection shall be 70 years from the date on which the work was made public.[5846/1951 Article 27]

The copyright for stamps therefore belongs to the Turkish government and lasts 70 years from publication. Thus, any stamp issued 70 or more years ago (published before 1 January 1954) is public domain.

Threshold of originality

参照:Commons:独創性の水準


Might be OK The Turkish copyright laws depend on the work bearing the characteristics of its creator while deciding whether the work is original, and considered on a case-by-case basis.[5]

関連項目

出典

Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. 参照:Commons:免責事項