Performing arstist contracts

Today, many intellectual and artistic works can be produced as a result of a collective effort. In addition to the owners of the works, performers who animate, interpret, vocalize and perform the works in various ways are also involved in these processes. Phonogram and film producers organize this entire process and make contracts with the owners and performing artists to produce the work. Within the scope of this study, the contracts concluded between producers and performers were tried to be examined. Performers are not protected as authors under the Law on Intellectual and Artistic Works. Due to their efforts and intellectual labor in transmitting the work to large masses, they have been granted certain financial and moral rights within the scope of the law, adjacent to the rights of the authors. However, it is generally not possible for performers to exercise their rights through their individual efforts and they can benefit financially from their performance by transferring these rights or the authority to use these rights to the producers through onerous contracts. The contracts concluded between performers and producers are not formal contracts regulated by law with their provisions and consequences. There are provisions in the Law on Intellectual and Artistic Works regulating the rights of performers and contractual agreements regarding these rights. In addition, since the concluded contract includes a duty to perform, the provisions regarding the duty to perform in the Turkish Code of Obligations and, ultimately, since there is a private law contract between the parties, the general provisions in the Turkish Code of Obligations that are applicable to every debt relationship must be applied. Within the scope of the study, firstly, performers and international agreements regarding the rights of performers were examined, and then the moral and financial rights of performers were explained. Then, the legal qualifications of the relevant contract were made by discussing the opinions in the doctrine and judicial decisions, and after determining the provisions applicable to the contract, the contract was compared with other similar contracts. Finally, the obligations of the parties within the scope of the contract were examined and the circumstances that terminated the contract were explained in detail.