Crimes of infringement of moral, financial and related rights within Intellectual and Artistic Works Code numbered 5846
2020
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Advisor: Doç. Dr. Koray Doğan
Abstract (EN)
Intellectual and artistic works, which are almost a measure of development of humanity in the historical process, have been the subject of property since the day it first appeared. Intellectual and artistic works cannot be considered independently from the people who create and reveal it with his labor. Of course, it is not possible to protect the intellectual and artistic works that are the subject of some kind of property without legal order. Even though it is a concept developed working in the last centuries, intellectual and artistic works are now the works that are tried to be protected by law and the owners of these works have been given certain rights. The legal protection is not limited to the private law sanctions. Intellectual and artistic works are also protected by criminal law sanctions. In our study, the crimes of infringement on moral, financial or related rights, which are mainly organized for the purpose of criminal protection of intellectual and artistic works, were examined. However, due to the connection of crime types with private law arrangements, the law of intellectual and artistic works was tried to be outlined before the crime type examination. In our study, which consists of two parts, the law of intellectual and artistic works is mentioned in the first part, and the general principles of crimes in the law of intellectual and artistic works, also called copyright law, are examined. In the second part, the types of crime, which are the subject of our investigation, are examined in terms of criminal law. In this context, the typical feature of crimes vii was explained, and the movements that constitute the crimes were tried to be made concrete by examples and court decisions. Then, grounds for justification, which ensure that the crime is lawful, are examined. Finally, the specific appearances of the crime and the procedural rules were emphasized. Keywords: Criminal and Criminal Procedure Law, Intellectual and Artistic Works Law, Copyright Law, Criminal Law of Copyright, Copyright Infringement, Work, Work Owner, Moral Rights, Financial Rights, Related Rights
Author
Dr. Alp Kocaoğlu
Institution
How to Cite
Alp Kocaoğlu (Master Thesis). Crimes of infringement of moral, financial and related rights within Intellectual and Artistic Works Code numbered 5846, 2020, Dokuz Eylül University.
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