Related Rights and Related Rights Holders
Related rights are special rights granted to performers, phonogram producers, radio-television organizations, and film producers, as long as they do not harm the moral and economic rights of the author of the work.
These rights are independent of the author's rights and are designed to protect the contributions of performers and producers to the work.
Who Are the Holders of Related Rights?
Related rights are granted to four main groups:
✔ Performers
✔ Phonogram (Sound Recording) Producers
✔ Radio-Television Organizations
✔ Film Producers
These groups hold certain rights over the content they perform or produce, without damaging the author's rights.
1. Performers’ Rights
Performers are individuals who interpret and present a work in a unique way with the author's permission.
Performers have the following rights:
✔ Right to Fixation: The right to allow or prohibit the recording (fixation) of their performances.
✔ Right to Reproduction: The right to allow or prohibit the reproduction, sale, distribution, rental, or lending of the recorded performance.
✔ Right to Communication to the Public: The right to allow or prohibit the transmission of their performance through tools such as broadcasting, sound, or video transmission.
✔ Right to Public Performance: The right to allow or prohibit the performance of their work in public venues.
Note:
For performances by orchestras, choirs, or theater groups, the permission of the conductor or director is sufficient.
For contractual performances, the producer's (production company's) permission is also required.
2. Phonogram (Sound Recording) Producers’ Rights
Phonogram producers are those who first record a performance or other sounds.
Phonogram producers have the following rights:
✔ Right to Reproduction: The right to allow or prohibit the reproduction, distribution, sale, rental, and public lending of the sound recording (phonogram).
✔ Right to Communication to the Public: The right to allow or prohibit the transmission of the sound recording via radio, TV, or the internet.
✔ Right to Encryption Use: The right to allow or prohibit the use of the sound recording via encrypted broadcasts.
Note:
Phonogram producers can exercise these rights by obtaining the economic rights from both the author and performers.
When sound recordings are used for commercial purposes, users must pay appropriate compensation to the author, performers, and producers.
3. Radio-Television Organizations’ Rights
Radio and television organizations have specific rights to protect their broadcasts:
✔ Right to Fixation: The right to allow or prohibit the recording, retransmission, or satellite/cable distribution of their broadcasts.
✔ Right to Commercial Use: The right to allow or prohibit the commercial use, reproduction, and distribution of their broadcasts.
✔ Right to Public Screening: The right to allow or prohibit the public screening of fixed broadcasts.
✔ Protection Against Unauthorized Use of Signals: The right to protect their broadcast signals from unauthorized use on communication satellites.
Note:
Recordings made for private use (such as TV programs recorded for personal archives) do not constitute an infringement of these rights.
4. Film Producers’ Rights
Film producers are those who make the initial recording of a film and ensure its distribution.
Film producers have the following rights:
✔ Right to Reproduction: The right to allow or prohibit the reproduction, distribution, sale, rental, or lending of films.
✔ Right to Communication to the Public: The right to allow or prohibit the transmission of film recordings via TV, the internet, or other media.
✔ Right to Digital Platform Presentation: The right to allow or prohibit the presentation of film recordings to audiences via digital platforms.
Note:
Film producers exercise these rights by obtaining the economic rights from both the author and performers.
In a cinematic work, unless proven otherwise, the person named in the credits is presumed to be the producer.
Exceptions Where Written Consent from Related Rights Holders is Not Required
The Law on Intellectual and Artistic Works provides certain exceptions where related rights can be used without the permission of the rights holders.
Works may be used without the consent of related rights holders in the following cases:
✔ Educational, Scientific Research, or News Purposes (provided there is no commercial intent)
✔ Private Reproduction
✔ Short-Term Fixation by Radio-Television Organizations for archiving purposes
However, these exceptions must not harm the economic interests of the related rights holder, and the use of the work must not contradict normal exploitation of the work.
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At Başalan Patent & Trademark, we protect the rights of related rights holders and follow legal processes to safeguard these rights.
For legal consultancy and applications, please contact us!