Turkey's Ministry of Culture and Tourism ("Culture and Tourism Ministry") has announced amendments of the Regulation on Procedures and Principles Regarding Banderol Use which entered into force as of January 14, 2021.
The banderol use has been an effective measure in terms of combatting piracy.
Key arrangements in the Regulation including the amendments as to the use of banderol are:
- It will be mandatory to affix a banderol to publications and its copies imported to be put on the market within 30 days following the completion of customs procedures.
- Banderols are printed by the Culture and Tourism Ministry and the banderol application shall match the number of reproductions requested. In order to apply for a banderol, a banderol request form and a letter of undertaking indicating right of ownership and declaration that the requested banderols will be used in the relevant work shall be submitted along with certain documents as to the work of art.
- Additionally, works that have a physical, scientific, instructive, or technical nature, or detecting daily events and containing moving images, created without the use of language and methods specific to the art of cinema will be subjected to banderol processes for non-periodical publications as well.
- Upon acquisition of the right of distribution, banderols may be purchased collectively for non-periodical publications imported from abroad and copies reproduced specifically for the user's request, provided that the number of reproductions is less than 100. However, the banderol application of those who wish to purchase banderols collectively shall inform the Culture and Tourism Ministry in which publications the collective banderols will be used. Otherwise, applications of those who lack such notification will not be evaluated further.
- Computer games, regardless of its material, which can be displayed by electronic, mechanical, or similar means, containing a series of moving silent or audio images, are subject to banderol transactions related to cinematic works.
The regulation also includes amendments as to the procedures and principles of the provincial inspection commissions operating under the governorships to perform banderol inspections. Inspection commissions will be entitled to conduct ex-officio or upon notice inspections in accordance with the obligations of banderol use. During these inspections, the law enforcement officers will be entitled to use their powers under the provisions of the Criminal Procedure Code and Police Powers and Duties Law. The confiscated materials within the scope of crimes as to the use of banderol will be destructed as per the Regulation on Criminal Possession.
Originally Published by Deris Legal, January 2021
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