Publishing contracts are regulated in Articles 487-501 of the Turkish Code of Obligations ("TCO"). Pursuant to Article 487 of the TCO, a publishing contract is a contract whereby the originator of a literary or artistic work or his legal successor undertakes to entrust the work to a publisher and the publisher undertakes to reproduce and distribute it.

A publishing contract shall be in written form.

Transfer of copyright and liability

Pursuant to Article 489 of the TCO, the originator's rights to the work are transferred to the publisher to the extent and for as long as required for performance of the contract. The originator shall hold the right for publication of the work at the time when the contract is concluded. Where the work is subject to copyright protection the originator shall hold the copyright. Otherwise, the originator is liable to the publisher.

It is stipulated under Article 490 of TCO that unless the period of time, designated in the contract, has expired or the customary period of time required for exhaustion of the agreed number of editions has passed, the originator may not make other arrangements regarding the work or parts thereof to the publisher's detriment. Short passages in periodicals may be published elsewhere by the originator at any time.

Number of editions, reproduction and distribution 

The parties shall agree on the term of the contract or the number of editions. Where no clause was agreed that stipulates the number of editions, the publisher is entitled to produce only one.

Article 492 of TCO states that the publisher is obliged to reproduce the work in an appropriate format without abridgment, addition or alteration; also to publicize and distribute the work and to take all reasonable steps in order to promote the sales thereof. The price will be determined by the publisher at his discretion provided that it does not hinder sales of the work.

Right to remuneration

Unless otherwise agreed, the originator may request remuneration. If the price is not established contractually, where the presumption is that publication of the work would necessarily involve remuneration, the judge determines the price. Where the publisher is entitled to produce several editions, the presumption is that the level of remuneration and the other terms and conditions for subsequent editions are the same as for the first edition.    

Pursuant to Article 497 of the TCO, the remuneration is payable as soon as the complete work, or in the case of works appearing in separate parts such as volumes, fascicles or issues, each part thereof is printed and ready for sale.

Termination of the publishing contract

If the work is destroyed by contingency after delivery to the publisher, the publisher still remains obliged to pay the originator's remuneration. Pursuant to Article 499 of the TCO, if an edition already produced by the publisher is partly or entirely destroyed by contingency before it is put on the market, the publisher is entitled to replace the destroyed copies at his own expense without giving rise to a claim for additional remuneration on the part of the originator.

Article 500 of TCO states that the contract will be terminated automatically in the event of the death or incapacitation of the originator before the work is completed or in the event that the originator is prevented from completing it without his own fault. However, the judge may decide on continuation of the contract, where this is deemed both feasible and equitable, and order any necessary alterations.

In the event of the publisher's bankruptcy, the originator may entrust the work to another publisher. However, if the originator is furnished with security for performance of the publishing obligations not yet due at the time bankruptcy proceedings were commenced, then the originator may not entrust the work to another publisher.

Conclusion

Pursuant to Article 488 of TCO, a publishing contract shall be in written form and the originator's rights to the work are transferred to the publisher to the extent and for as long as required for performance of the contract.

The parties shall agree on the number of editions. Where no clause was agreed that stipulates the number of editions, the publisher is entitled to produce only one.

Unless otherwise agreed, the originator may request remuneration. If the price is not established contractually, where the presumption is that publication of the work would necessarily involve remuneration, the judge determines the price.

A publishing contract will be terminated automatically in the event of the death or incapacitation of the originator before the work is completed, or in the event the originator is prevented from completing it without his own fault. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.