ART & LAW
Work, object
and rights.
The relationship between owning a painting or sculpture and holding the rights in that work.
Go to the full article ↓Assoc. Prof. Dr. Kadir Baş · Guest contribution
Editor’s note: This article is published in the Art Journal with the author’s permission. It reflects the law at the time of writing; later legislative and case-law developments are not included. The full text is in Turkish.
Abstract
This study examines the copyright protection that Turkish Law No. 5846 on Intellectual and Artistic Works grants to paintings and sculptures. Its starting point is what sets these works apart: the close bond between the work and the physical object in which it is embodied. The author first considers when a painting or sculpture qualifies as a “work”. Natural formations, creations of animals, purely machine-generated output, ideas, methods and art movements fall outside protection, and artistic merit is not a criterion. The study then addresses joint authorship, technical assistance, works made in employment and the rights of persons depicted.
At its core are the author’s rights: moral rights, including access to the original and the right to exhibit it; economic rights of adaptation, reproduction and public display; the resale right; and the right of withdrawal. The final section explains, with examples, the limitations relating to public order, education, science, news reporting, private use and works permanently placed in public spaces. The author concludes that Turkish law strikes a balance between authors and the public that meets international standards, but that provisions such as the resale right remain little known in the art world.
Works from the collection are presented as visual accompaniment to the article.
Key points
- Artistic merit is not the test. A painting or sculpture is protected if it reflects its author’s individuality.
- Owning the original is not owning the copyright. The owner of a painting or sculpture may not alter or destroy it without the artist’s consent.
- The artist may ask for temporary access to the original, and may borrow a unique work for a retrospective exhibition, provided it is properly protected.
- Galleries and auction houses must disclose the artist’s right of access in their catalogues or sale documents.
- Under the resale right, the artist may claim a share of the price increase when a work is resold at an exhibition, auction or dealer.
- Works permanently placed in public streets and squares may be freely reproduced in two dimensions, for example photographed or drawn, but not copied in three dimensions.
Keywords: copyright, paintings, sculptures, moral rights, resale right, Law No. 5846