ABSTRACT
As a result of rapid advance of technology, changes have also occurred in the publishing world. In this context, intellectual products are embodied not only in print but also digitally. No doubt, these developments and changes bring about serious violations of the “digital publications” that can be described as works. This study, will be examine the economical rights of the owner of the work arising from digital publications in accordance with the Code No. 5846 on Intellectual and Artistic Works (“Code No. 5846”).
I. INTRODUCTION
With the advancement of technology, a process of change has begun in the field of publishing, as in many areas, aimed at digitization. The fact that print publications take up a lot of space physically and the difficulty of providing quick access to these publications has led individuals to digital publishing. In this context, faster access to information, easier storage and small areas played an important role in the rapid development and dissemination of digital publishing. Because of digital publications are easily accessible, there are many risks, such as reproduction without permission from the owner of the work, theft of the work. The theft copying unauthorized use of the work in real life and use of the work in the digital world without the permission of the owner should be evaluated in the context the same rules1. The protective provisions of the Code No. 5846 on Intellectual and Artistic Works (“Code No. 5846”)2 shall be same applied for the violations occurred on the internet medium even the determination of the violations against the intellectual property rights of the work owner arising from digital publications contains numerous difficulty such as finding the offender if the relevant action will constitute any crime, prevention of the infringement or indemnification of the damages and so on.
Both legal and technical studies are continuing all over the world too copy and share a work in digital media without violating the intellectual property rights of authorship. But even in printed publications, no definitive solution has been found against violations of intellectual property rights, how the solve this problem in digital publications that can be reproduced more easily and shared uncontrollably is a matter of debate, despite existing regulations and ongoing work. As part of this study, the prevention of illegal actions aimed at digital publications and the protection of the economical right of the authorship in accordance with the Code No5846 the law will be discussed.
II. DIGITA L PUBLICATIONS TERM
Publishing is an important tool in the formation of social culture. As a matter of fact, with the development of society and technology, publishing has found its place first in writing, then audiovisual and finally visually. These changes in publishing are directly linked to the development/change of society and science. In this context digital publishing is a term that has found its place in general publishing and is still developing. Digital publish, differs significantly from print publications in production, ways of presenting to its user and many other aspects thus revealing a new publication format its own technical characteristics3. The terms of publication has many definitions in the form of “all kinds of materials such as books, newspapers, magazines offered or printed and published through radio, television and the internet”, “books, newparers, magazines published in print.”4 It is accepted that the term of digital publication covers both publications born directly in the electronic media and publications obtained by subsequent transfer of printed publications to electronic media, both of which can be evaluated this type of publication5. It is described in the Oxford Dictionary as publishing books and other materials that can be read on machines, such as computers, for digital publishing. Digital publishing has been described by UNESCO as the use of electronic means of communication to make public information6.
The emergence of digital publishing and publishing terms occurred in the 1900s, first with the invention of computers and then with discovery of the internet. The fact that the internet also very involved in social and professional life has accelerated the transition from print publishing to digital publishing. But digital publishing, which has emerged as an alternative to traditional publishing, has increasingly become dominant in the industry7. The presence of electronically produced books in Turkey can be observed since 20108. As of 2017, it is possible to say that 25 publisher/ bookstores in Turkey have sold e-books and or e-magazines on their web page. Considering that only one of the 10 largest publisher/ bookstores in our country sold e-books on a web page in 2014, this number is important in terms of seeing the speed of the transition to digital publishing in Turkey in recent years. But, as a result of the fact that the term of digital broadcasting s a new and developing term, it is likely to be confused with many existing terms. In this context we believe that the term of digital work should be explained in order to better limit the scope of our work.
Dijital eser, FSEK’teki eser kategorilerine girmekle birlikte çağdaş bilgi teknolojileri araçları kullanılarak oluşturulmuş veya sonradan dijital forma dönüştürülmüş olan internet gibi iletişim ağları üzerinde yer alan, bunlar üzerinden erişilen veya transfer edilen yahut CD, DVD, MP3 çalar, telefon gibi mobil aygıtlar veya veri depolama ya da transfer araçları gibi modern veri taşıyıcılarıyla sunulan veya bunlarla kullanılan, üzerinde eser sahipliğinden kaynaklanan haklar başta olmak üzere mülkiyet, lisans, kira veya kullanım gibi hukuken geçerli herhangi bir hakkı barındıran her türlü dijital ürün9 olarak tanımlanmaktadır. Digital work, categorized under Turkish Copyright Act as every digital outcome which contains lawful rights to property, license, rental or use and presented or used with modern data transfer units such as data storage units, mobil phones, CD, DVD, MP3 players and produced by using contemporary information technology tools or converted to a digital format afterwards. Digital work, includes every type of work that is covered by the law and has the natüre of a work. It is obvious that digitaal work, which is a fairly broad term, also covers the term of digital publication. As a matter of fact, the term of digital publication refers to limited genres such as e-books, e-magazines while digital work covers many genress such as film, painting, music.
III. EVALUATION OF DIGITAL PUBLICATIONS UNDER THE CODE NO 5846
ntellectual property refers to product-based rights created as a result of an intellectual effort by the authors. Copyright, which is the most general definition of intellectual property rights, is a property right that protects the rights of the owners of works over their works; protects the ideas, efforts of the owners of works because of the work they have created, and encourages the author to contribute to the development of knowledge10. Copyright protection is intended to prevent the use of Works by others without the permission of the owner of the work. Considering the approaches so far, it can be said that copyrights are generally “moral and economical rights recognized and protected by law for the owners of original Works for a certain period of time”11. Copyright can be understood in a broad sense as equivalent to the rights arising from my ownership of Works, and in the broadest sense as equivalent to the rights of people to ideas and Works of art. In other Works copyright covers both the material and moral rights of the owner of the work.
With digital publishing technology, the costs of production, reproduction and distributionof Works have been greatly reduced, the number of information souces available for free has increased rapidly, and with these developments, the understanding of copyright has also changed12. But this change isnt effect to material and moral rights of authorship. As detailed below, the owner of the work also has economical and moral rights over digital publications. However, considering the limits of our work, only the economical rights of the owner of the work in digital publications and the protection of these rights will be evaluated withing the framework of the Code No 5846.
Before evaluating the economical rights of the owner of the work protected under the Code No 5846 Within the scope of digital publications, it is necessary to define the term of the work and examine the nature of the work of digital publications. AS a matter of fact, in order for a digital publication to be evaluated within the framework of the intellectual property law, it must have the nature of a work. In accordance with the Code No 5846, the work is considered to be products that have occurred as a result of an intellectual thought and bear the characteristics of the owner13. At the same time, in order for an intellectual product to be protected as a work under the Code No 5846, it must be among the types of works contained in the law. Ideas and Works of art accepted under the Code No 5846 are divided into main groups such as Works of science and literature, Works of music, Works of fine art and Works of cinema, and examples of these types of Works are included in the relevant articles. As a result, if the product that occurs as a result of intellectual effort is not included in one of these categories, it will not be considered a work and will not be protected under the Code No 5846. The transfer of digital publications directly to digital media or first in print and then to digital media does not make any difference under intellectual property law. Digitization for intellectual rights actually means nothing more than that a work is transformed into a form of radio and television messages or photographs after it’s discover and/or introduced by new technology14. The requirement for printed Works for protection under the Code no 5846. Shall also apply to digital publications. In other words, in order for digital publications to be evaluated within the scope of the Code No 5846, it will be sufficient for this digital publication to have the Quality of work within the framework of the Code No 584615. At this point, which of the Works included in the scope of the Code No 5846 will be evaluated as in printed publications, and a classification will be made in this context. If it is assumed that digital publications are “work” in the sense of Code No 5846 the owner of the work will also have intellectual property rights depending on the work in question. According to the law, the economical and moral rights of the author, who is the “person who created the work”16, will arise as soon as the work occurs.
IV.ECONOMICAL RIGHTS OVER DIGITAL PUBLICATIONS
Economical rights are defined in the most general definition as the right of the owner of the work to economically benefit from his work and to determine the form of this benefit and to prevent third parties from using it in this way17. Economical rights counted under the Code No. 5846 are “Right of Adaptation, Right of Reproduction, Right of Distribution, Right of Performance and Right to Communicate a Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images”
1. Right Of Adaptation Over Digital Publications
Right of adaptation can be experessed as the creation of a new work that is subject to the original work but is conductive to evaluation independently of the original work18. Since the work must contain the original work, albeit in modified form, the right to use the work by processing it is left exclusively to the owner of the work in Article 21 of the Code No. 5846. The work is converted into another form as a result of and intellectual effort. As it will be appreciated, the owner of the work must have the right to trade and make changes to the work. In addition, it is important to maintain the existing state of the product that has ocurred, special and original idea. In this context, it s recognized that the protected is the work that exists in concrete terms, as well as the intellectual right and thought. For example, translations, collections created by combining the works of the same type of the owner of the work, explanation, Commentary or abbreviation of the work belonging to someone else are all works of processing19. Or, if a person who publishes articles by experts in intellectual property law in a way that is original in terms of selection or editing within the framework of criteria such as date order, author and subjects wants to publish these articles by translating them in different languages, the processing of the articles will be in question20.
It is also accepted that there is no violation at the point of processing on the work, which is a concrete product, performed by a third party in its personal space and not offered to the public. As detailed below, an exception has been made to this right by Article 38 of Code No 5846, which includes the use of any digital publication for personal use, the use of it in person with special interest21.
2. Right Of Reproduction Over Digital
As a rule, the right to reproduce means that the work is presented to the community at a certain fee, distributed, and prevented from reproducing the original or processed from of the work by others22. In reproduce, the work is presented to society more than once and mostly for commercial purposes, adhering to its current state. But it is not necessary to produce a large number of copies that will be used by large audiences, and to produce a single copy that allows that exact reproduction of the work from the original or copy of the work is sufficient for the existence of reproduction23. Again, in this case, it is worth stating that the intellectual product that caused the appearance of the work, not the work, is intended to be protected.
Reproduce can be done in many ways. As a matter of fact, the limited counting method is not preferred in the Code No. 5846. On the contrary, in the twenty-third article of the Code No 5846, the legislator stated “in any way” and clearly stated that any reproduction and copying without permission from the owner of the work was a violation. In this context, it is possible to violate the right to reproduce by transferring a printed publication to digital media, as well as to violate this right by copying a digital publication by any means. For example, converting a digital publication to a printed publication, sharing it with third parties via e mail, copying it and storing it on a specific hard drive, or publishing it on a website without the permission of the owner of a digital publication will be considered a reproduction in the sense of Code No 5846.
In particular, it should be expressed at the point of violation of the right of reproduce; personal use will not prejudice the right of the owner of the work to reproduce. As a matter of fact, in the thirty eighth article of the Cone No. 5846, “all ideas and work of art, (…) (2) it is possible to reproduce for personal use without profit motive. However, this reproduction cannot harm the legitimate interests of the right holder without a justified reason or contradict the normal use of the work” and is protected within the legal framework24. For example, if digital publications are accessed on the internet, it is known that the digital publication is copied to the computer’s RAM until the moment of computer shutdown. But as is accepted in the doctrine, such copying does not violate the right to reproduce in the sense of Code No 584625. Yanı sıra Avrupa Birliği Müktesebatında “Bilgi Toplumunda Telif Hakları ve Bağlantılı Hakların Yönleriyle Uyumlaştırılması Direktifi” m. 5/1 uyarınca, bu tür geçici ve teknik olarak zorunlu çoğaltmalar, çoğaltma hakkının istisnası kabul edilmiş, fikri hak ihlali olarak görülmemiştir26. Additionally, in European Union Acquis in accordance with Article 5/1 of the “Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society”, this type of temproray and technical reproductions accepted as exceptions of the reproduction right and deemed as a lawful act. As a matter of fact, according to the natural rules of the computer and digital environment, this is a necessity for the person viewing the work.
3. Right Of Distribution Over Digital Publications
Right of distribution may be defined as the public presentation of the original or reproduced copies of a work by renting, lending, first offering it for sale or otherwise making it the subject of trade27. The right to distribution means that the owner of the work has the right to publicize the work that he has created as a result of intellectual thought. The fact that the said Right is being used and exhausted puts the right to spread between economical rights in a different position. This matter, which is expressed in the doctrine as the “principle of exhaustion” or the “principle of first sale”, is regulated in Article 23/2 of the Code No. 5846. Article 23 of the Code No. 5846 states that “provided that the right to rent and lend to the public remains with the owner of the work, the property of certain copies is transferred as a result of the right of the owner to distribute them, and the resale of them after the first sale or distribution within the borders of the country does not violate the right to distribute granted to the owner of the work”. If users accessing the artifact in a virtual environment copy it to their own computers, it could theoretically mean exercising the right to distribute it. But virtual copies are quite difficult to accept within the scope of the classic right to distribute. Because a user who reaches a work that has been given to the internet once sends it to others in the internet environment, it is not acceptable tospread it. In contrast, sending the work to others by users who access a work that has been given to the internet environment once is considered a violation of the right to reproduce it28. However, if a work is placed on the network without permission from the owner of the work, the act of the person who makes it available on the internet without permission can also be considered a violation of the right of distribution it29. The principle of exhaustion is that the owner of the work cannot prohibit the re-commercial processing of copies of the work that he has released voluntarily by other people on the basis of an intellectual right30. In this way, the right of the owner of the work to publsh will not be violated when reselling them after the first sale is made by transferring ownership of the workor duplicated copies. Along with the principle of exhaustion, only the right to sell the work is exhausted, and all other rights arising from the ownership of the work remain with the owner of the work. The subject of axhaustion is not the work itself; copies of material Works embodied in the outside World, such as books and magazines, constitute the subject. The transactions that cause the right to distribute to be exhausted are only sales and distribution. As a result of renting or lending to the work to the public, the rights are not exhausted.
4. Right Of Perfonnance Over Digital Publications
Representation is the presentation of an idea and work of art to society in a way that appeals directly to the senses31. According to article 24 of Code No. 5846, the right to use an idea and work of art directly or by reading, playing, showing or representing it in public places by means of transmitting signs, sounds or images belongs exclusively to the owner of the work. The transfer of the representation from the public to another medium by any means belongs to the owner of the work32.
Representation is the presentation of ideas and works of directly to the public in a way that appeals to the human senses. In representation, the work can be presented to the public in such a way as to appeal directly to the senses, or it can also be presented by means of sign, sound, or Picture transfer. In the first case, direct representation is mentioned, and in the second case, indirect representation mentioned33. For example, staging a play to the audience threre is a direct representation, while having the same paly watched by those outside the hall at the same time though. However, it i also accepted in the doctrine34 that indirect representation is not included in the scope of the said provision. As a matter of fact, it is not possible to represent Works such as cinema, music as well as digital publications that are the subject of our work without a tool. In this context, it is important to have the right of representation directly or indirectly at stage of the transfer of the right. Although transmission to the public in digital media, especially the internet, is perceived as a special view of indirect representation, digital transmission to the public is more extensive than indirect representation performed by technical means, since people in this transmission have the opportunity to access the work any place and time.
5. Right Of Publicise Over Digital Publications
The right of public transmission by means of sign, sound and/or video transmission is regulated in Article 25 of the Code No. 5846. It is observed that this arrangement was made taking into account the existing agreements in World Intellectual Property Office (“WIPO”). According to the WIPO Copyright Agreement, the right to digital transmission is basically considered a monopolistic and absolute right, and wired or wireless transmission of artistic and literary Works is subject to permission of the owner of the work35. According to provision mentioned in the Code No. 5846, Turkish law has defined access to the work as an exclusive right to the owner of the work, which is indisputable and covers all kinds of activities36. One of the most common forms of violation of this right in practice is the transmission of works by non-entitled persons to the public through internet sites.
Access to the work in digital media will be by accessing the work that is available in digital media, or by accidentally encountering it and seeing it, reading it, listening to it, or using it in other ways. If the loading of transmitted or retransmitted works or, more broadly, the product to a contractor, such as a CD or cassette, is not transmission and retransmission, it is considered reproduction, distribution and trading37. However, the submission of a product that has the nature of a work in the sense of the Code No. 5846 to digital media, over the internet or through electronic means that served o transmit audio and video wirelessly, such as a mobile phone, constitutes the transmission of the work to the public in the sense of Article of the Code No 584638. From the point of view of public transmission, it does not matter how the transmission is performed. Therefore, public transmission refers to transmissions made by all kinds of tools that serve to transmit sound and images within the framework of technological developments, especially radio and television39. As a matter of fact, in various decisions of Court Of Appeals For The Eleventh Circuit.
Compiling the questions asked by the Public Institution (CMB) in the expertise exams conducted in the previous years to the people they employ according to the subject titles and presenting to the market as a book under the name of "Preparation for CMB Licensing Exams" and the processing work as a database According to 18/2, the plaintiff legal person who has the authority to exercise his / her financial rights, the defendant who "transmits this work to the public on the internet" without permission, he could claim three times as much royalty compensation under FSEK Article 6840.
By modifying Rights of the Child Convention, accepted by the UN General Assambly and ratified by Turkey and published in Turkish Official Gazette, in order to make it understandable by every child, by shortening, simplifying and clarifying text, and instead using technical terms, is a process, and the act of presenting the final edited work to the public in the booklet and on the internet without showing the name of the author without permission would violate the financial right of the author41.
V. PROTECTİON OF ECONOMİCAL RIGHTS OVER DIGITAL PUBLICATIONS
The fact that digital media is changing rapidly every day and interaction between users is undoubtedly increasing rights violations. In this context, due to lack of differences between the nature of digital publications and the work of printed publications, the person whose economical rights arising from digital publications have been violated has the opportunity to apply to the legal and criminal cases regulated by law.
Civil cases that may be filed by the author organized under the law and whose economical rights are vioalted; the case fort he detection of the author, the action for indemnification of the infringement, the action for prevention of the infringement, and the case for compensation that will be filed in accordance with the subject of the case42. In order for ant of these civil cases to be openedi there must be a “accroacment” or “danger of acrroachment” for economical rights. Since the violaiton of a economical right of the author is identical to the violation of the law, there is no need to investigate a rule of law that has also been violated. In order to be able to talk about illegality, one of the “reasons for compliance with the law” should not exist in the concrete event. In addition, the owner of the work whose economical rights have been violated has the right to claim compensation under the provisions of tort if the violator has a defect. As a matter of fact, in the absence of any contract between the parties, infringing actions against digital publications are considered tort.
In addition, articte 10 of the Convention on Cybercrime preapred bt the Council of Eupoe is regulated under the title “crimes related to copyright to copyright and similar rights”. Accordingly, signitaroies of the Convention are under the obligation to recognize as a criminal act when a breach of contract regarding copyright rights defined under Paris Convention, TRIPS, WIPO Agreements is done with intention, on a commercial scale and with the help of a computer system. As a matter of fact, the Code No 5846 includes civil cases that the author whose economical rights have been violated can apply to, as well as criminal cases43.
It is clear that the actions counted in Article 71 of the Code No. 5846 are also criminal for digital publications. As a matter of fact, there is no provision in the article of law that includes the fact that work is not in a digital environment as an element of typicity. These article provide for imprispnment and juridicial fines for prepetrators who commit acts that violate the economical rights of the owner of the work. In this context, it is possible to punish the perpetrator in various cases by copying the digital publication to a CD or any external disk, except for his personal use, or by adding the digital publication to abny website without the consent of the owner the work.
Existing regulations on the right of the owners of work s under the Code No. 5846 are insufficient to prevent violations in the internet environment. Due to the fact that there is a fast and continuous relationship between users, the act of rape, the person who committed the act in question is difficult to identify, legal regulations are insufficient. For this reason, International Studies are being carried out and technological protection methods are being developed in addition to legal protection methods. In one aspect, the rights of the owners of works are tried to be protected by the technological protection method, which is similar to the watermark application used in printed works and is called the digital rights method.
In addition, identification, monitoring and realization of rights holders' rights on digital data in digital or similar media in accordance with permitted or restricted rights to use digital media is provided.44. Digital rights management, publishing rights management system and technival protection measures are used to prevent illegal reproduction and processing of digital publications. These measures are also supported by legal regulations.
Digital rights management can generally be expressed as a sytsem developed to control license rights, such as restricting the destribution of digital media uch as books, magazines, movies, music, games, because they are easily copied.
Digital rights management systems and legal protection were introduced to these systems at the Europan Union level by revealing the commercial interests of rights holders with the EU Information Society directive45. In this way, access to all or part of the content may be restricted to a fee, time, or person, while copying or changing the content or integrity of the work is also attempted to prevent46. Various techniques in the digital environment of intellectual property rights, protection, monitoring, restricted management and promoting the use of this method, the digital content protection, to prevent unauthorized and unlicensed use, and ensuring the realization of rights and obtaining fair distribution of royalty makes it easier to manage47.
Although there is no international agreement that includes the definition of digital rights management and directly regulates this issue, there are international regulations that regulate some aspects of digital rights management. According to WIPO Copyrigh Treaty Articles 11 and 12 and WIPO Performances and Phonograms Treaty Articles 18 and 19, Member States have to legalize necessary preventive measures against circumvention of technological security measures taken by the right holders. In addition, there are regulations such as the WIPO Copyright Convention on digital rights management, the American Digital Millennium Copyright Law, the EU Copyright Directive, the French Copyright and Neighbouring Rights Bill. As part of digital rights management, for example, the various features related to protection, monitoring and restriction that an electronic book will provide by observing owners, users, publishers, etc., are effec tive in achieving the expected efficiency of digital rights management.
In addition to international regulations, article 25 of Code No 5846 is an important development in the management of digital rights related to digital transmission. In addition, article 38 of Code No 5846 which includes the subject of personal use with special interest considerations, and exceptions granted to operations such as loading and backing up computer programs, include compliance with digital rights management. For this reason, it can be said that the Code No 5846 regulates the basic articles and paragraphs related to digital rights management48. By such mechanisms, the protection of the rights of the owners of Works is guaranteed by legal regulations49.
In addition, in accordance with additional Article 4 of the law, a parallel arrangement was made with international conventions in the sense of a digital rights management system, including the provision “The work with the owner of the work and the work of owner or any of the rights of use of the work or copies of the work as related to the duration and conditions of work codes that represent numbers or unauthorized information during a presentation to the society cannot be eliminated and cannot be changed. Originals or copies of Works whose numbers and codes representing information and information have been changed or eliminated without authorization may not be distributed, imported for distribution, published or transmitted to the public.” Unauthorized removal or modification of the information of the owner of the work or the owner of any of the rights on the work under the said article, and the numbers or codes representing this information, is a crime, and the perpetrator of this crime will be punished in the senses of Article 71 of the Code No 5846.
VI. CONCLUSION
In our digitized world, it is important to protect the rights that take place in electronic the rights that take place in electronic environment. Important work is being carried out to prevent and eliminate these rights violations all over the world, and legal and technological protection methods are being methods. It is impossible to say that technological developments have been ignored on both national and international levels. However, given the speed of technological developments the inability to define certain terms or the unpredictability of rights violations prevents definitive solutions to the violations of intellectual rights in the internet environment.
As a result of these technological developments, the shift of the publishing sector towards the digital environment has brought about different problems in the legal sense. These developments, which introduced many terms such as digital works and digital publications into the literature, have also raised questions about how the owners of work should act in the face of rights violations. As a matter fact, it is quite easy to reproduce and copy any digital publication in a digital environment, to be represented, disseminated or presented to the public without permission from the owner. Although our current legislation against these violations can be resolved within the scope of the Code No 5846, it is obvious that it does not provide a final solution.
The digital publishing owner, who has economical rights under the law, can also benefit from the protection mechanisms provided for in the said Code No 5846. However, in a digital medium whose borders are more transparent, it is obvious that the protection in question will be more difficult to provide. In this context, various conventions and regulations have been implemented internationally. Another of the issues discussed in our study was to prevent rights violations occurring in electronic media with this regulation called digital rights management system. In this context, the rights to all or part of the digital publication are protected.
As a result, it seems that some of the intellectual rights violations arising in relation to digital publications can be solved by the interpretation of our current legislation, but some of these problems cannot be solved effectively by the current intellectual law legislation. Although the law has undergone many important changes, it explains that the lack of current definition of new concepts and facts in the digital field in the relevant law cannot resolve these legal disputes.
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FOOTNOTE
1 Ayten Arıkan, Türkiye’de Elektronik Yayıncılık ve Telif Hakları, Ankara, 2017, p. 35
2 Official Gazette. 13.12.1951, Number: 7981.
3 Filiz Berna Gültekin, Elektronik Yayınların Fikri Mülkiyet Hukuku Açısından Değerlendirilmesi, p. 8
4 Gültekin, p.4
5 Yavuz Selim Şeker, Fikri Mülkiyet Hukukunda Dijital Veri Tabanlarının Korunması, Adalet Yayınevi, Ankara, 2013, p. 22-24
6 Arıkan, p. 12
7 Işık Önder, Elektronik Kitap: Yeni Yüzyılın Kitabı, Ankara, p. 12
8 Arıkan, p. 15
9 Arıkan, p. 34
10 Arıkan, p. 77
11 Arıkan, p. 78
12 Arıkan, p. 121
13 E.Ernest Hırsch, Fikri ve Sınai Haklar, Ankara 1948, p.131
14 Sevgi Göçmen, İnternet Aracılığı İle Eser Sahibinin Haklarının İhlali, Haziran, 2015, p. 35
15 Göçmen, p. 35
16 Code No 5846, Article 1/B-b
17 Arıkan, p.74
18 See on the subject Yrd. Doç. Dr. Ali Demirbaş, Fikir ve sanat Eserleri Kanunu’nda Eser Sahibinin Mali Haklarına Tecavüz Halinde Hak Sahibine Sağlanan Hukuki Koruma, XII. Levha Yayınları, 1. Baskı, İstanbul, Eylül 2015, p. 17
19 İbrahim Külahçı, Elektronik Veri Tabanlarının Fikir ve Sanat Eserleri Kanunu Kapsamında Korunması, İstanbul, 2019, p.58
20 Şeker, p. 101
21 Ali Demirbaş, Fikir ve Sanat Eserleri Kanunu’nda Eser Sahibinin Mali Haklarına Tecavüz Halinde Hak Sahibine Sağlanan Hukuki Koruma, On İki Levha Yayınları, Eylül, 2015, p. 21
22 Yavuz Selim Şener, Fikri Mülkiyet Hukukunda Dijital Veri Tabanlarının Korunması, İstanbul, 2013, p. 102
23 Demirbaş, p. 25
24 Demirbaş, p. 21
25 Leyla Ayhan İzmirli, Avrupa Birliği ve Türk Hukuklarına Göre İnternet Ortamında Fikri Mülkiyet Haklarının İhlali ve Korunması, Ankara, Seçkin Yayınevi, 2012, s. 174; Demirbaş, p. 27
26 Michel M. Walter, Silke von Lewinski, European Copyright Law, A Commentary, Oxford University Press, 2010, p. 12
27 İbrahim Emre Bayamlıoğlu, Fikir ve Sanat Eserleri Hukukunda Teknolojik Koruma, İstanbul, 2007, p. 251
28 Göçmen, p.80
29 Külahçı, p. 82
30 Bayamlıoğlu, p.252
31 Külahçı, p.72
32 Külahçı, p. 72
33 Şener, p.108
34 Demirbaş, p. 38
35 Doğan Kocabey, İnternette Fikrî Hakların Korunması, Ankara, 2004, p.12
36 Sinan Bayındır, Eser Sahibinin İzni Olmaksızın Eseri Umuma İletim Suçu, Türkiye Barolar Birliği Dergisi, Temmuz-Ağustos 2014, Sayı 113, p.314
37 Tekinalp, p.194
38 Arıkan, p. 88
39 Sinan Bayındır, Eser Sahibinin İzni Olmaksızın Eseri Umuma İletim Suçu, Türkiye Barolar Birliği Dergisi, Temmuz-Ağustos 2014, Sayı 113, p.314
40 Yargıtay 11. HD T. 13.10.2009, E. 2008/5561, K. 2009/10516
41 Yargıtay 11. HD. T. 04.04.2006, E. 2005/3798, K. 2006/3543
42 Göçmen, p. 134
43 H. Lale Ayhan, AB ve Türk Hukuklarına Göre İnternet Ortamında Fikrî Mülkiyet Haklarının İhlâli, Ankara, 2010, p. 222
44 Külahcı, p. 1
45 Arıkan, p. 124
46 Şener, p.166
47 Metin Turan, Geleneksel ve Elektronik Eser Sahiplerinin Telif Hakları, Dijital Haklar Yönetimi: Uluslararası Düzenlemeler ve Fikir ve Sanat Eserleri Kanunu Çerçevesinde Bir Değerlendirme, p. 65-69
48 Turan, p. 77
49 Külahcı, p.180
