Güzel Sanat Eserlerinde Fikri Mülkiyet Hakları ve Uygulamaları
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Dosyalar
Tarih
2010
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Selçuk Üniversitesi
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
Her hak mutlak surette bir hukuk kuralından doğar. Başka bir deyimle; hukukun korumadığı bir menfaat ve tanımadığı bir yetki "hak" olarak nitelendirilemez. Dolayısıyla neyin hak sayılıp sayılmayacağını, hakkın unsurlarını, kapsamını ve sınırlarını belirlemek hukuk düzeninin işidir. Hızla değişen ve birçok alanda akıl almaz gelişmelerin yaşandığı günümüzde üreten bireyin düşünce ürünleri ve özgünlük ilkesinin fazlaca önem kazandığını ifade etmek gerekir. Bu nedenle, toplumlar, düşüncelerin daha düzenli ve daha hızlı bir şekilde yayılmasını sağlayacak olanakların ve araçların gelişimine de önem vermişlerdir. Fikri haklar büyük ölçüde temel insan hakları ile birlikte değerlendirildiğinden ve ayrıca toplumun ekonomik sosyal ve kültürel yaşamının yanı sıra sınaî ve teknolojik gelişimini de etkilemesi sebebiyle günümüzde son derece önem kazanmıştır. Dolayısıyla dünyamızdaki hızlı devinim ve teknolojik gelişmeler fikir ve sanat dünyasındaki ihlalleri de beraberinde getirmektedir. Yaşadığımız çağda toplumların kendi haklarını aramaları ve korumaları bir yaşam biçimine dönüşmüştür. Düşünce ürünleri üzerindeki hakların korunmasını zorunlu kılan ilk neden toplumsal adaletin gerekleridir. Adalet, kişisel ve toplumsal haklar ve yararlar arasında denge sağlanmasını gerektirir. İnsan Hakları Evrensel Bildirgesinde, kültür yaşamında aralarında denge kurulması gerekli iki yarar gurubu vardır. Eser sahipleri ve toplum. Yaratıcı düşünce için, emeğinin ürünlerinden en iyi şekilde yararlanmasını sağlayacak koşulların düzenlenmesi yanında, bu ürünlerden toplumun da en uygun koşullarla ve adalet kavramının gerektirdiği biçimde yararlanabilmesi için gerekli yol ve yöntemlerin düzenlenmesi, gerçekte toplumlara da nicelik ve nitelik bakımından daha güçlü bir düşünce ürünü zenginliğinden yararlanma olanağını sağlayacaktır. Fikri hukukta güzel sanat eseri denildiğinde “estetik bir muhtevayı bir yüzey veya cisim olarak ortaya koyan ve insanın görme duyusuna hitabeden fikri ürünler" anlaşılır. Diğer bir deyimle, insanın güzellik duygusuna hitap eden fikri ürünlere güzel sanat eserleri denilmektedir. Bu perspektiften bakıldığında Güzel sanat eserleri görme duyumuza hitap ederek estetik bir haz uyandıran, bir yüzey üzerinde yahut cisim halinde oluşmuş fikir ürünleridir. Güzel sanat eserlerinin herhangi şekilde dil ile ifadeleri söz konusu değildir. Bunlar durağan nitelikte olduklarından, kural olarak sabit bir ifade ve tespit vasıtasına ihtiyaç gösterirler. Esere ve emeğe saygının mutlak bir toplumsal hak olduğu bilincinin tüm sosyal ve yaşamsal mercilerce benimsenmesi ve bunun bireyin mutlak bir hakkı olduğunun bilincine varılması gerekmektedir. Tüm bunları ifade ettikten sonra bireyin en temel haklarından olan uygulamaya aktarılmış estetik niteliğe haiz düşünce ürünlerinin korunmasının gerek bireysel ve gerekse devlet tarafından kanun nezdinde korunmasının bir zaruret olduğu sonucuna varmak kaçınılmaz olacaktır. Ülkemizde her geçen gün gerek uluslar arası platformda ve gerekse ulusal yasalar çerçevesinde sanatçının haklarının gözetilmesi ve korunması noktasında gelişmeler kaydedilmektedir. Ancak şu gerçekte unutulmamalıdır ki esere ve emeğe yapılan tecavüzler, düşünce ürünleri üzerindeki ihlaller, küreselleşen dünyamızda önemli bir rant kapısı haline gelmiştir ve ihlaller çok hızlı kabuk değiştirerek kendilerini mevcut yasalara göre menfi yönde güncellemektedirler. Bu sebeple her şart ve suretle toplumsal bilinci ve yasal düzenlemeleri ihlallerin ve tecavüzlerin önünde tutmak devletin, yasaların, sivil toplum kuruluşlarının, sanatçıların asli görevi olmalıdır.
All rights absolute rule of law, is born. In other words, do not protect the interests of law and did not recognize a privilege "rights" can not be considered. Therefore, what rights should be considered include whether the rights of the elements, to determine the scope and limits of the legal system job. Today, the community of nations in all its aspects to be developed on the basis of consciousness, thoughts lies. Thoughts, in this sense, everyone is open to public use, public properties are moving. To be shared and spread to the outside shot in the direction of a trend carrying thoughts, with a variety of tools and a permanent outward when hit, now a special case of person stands out. Transferred to a permanent way out ideas, the owner can move the properties, the owner felt itself, where it makes sense to have the responsibilities that are installed. Actions that can be dedicated to people in society, but punishable or can be awarded. Therefore, living in a society that represents the product of the actions and the actions of the individual with upgrading or responsibility, but rights can be won is going to face the day. In other words, but the shape is defined by the Law on Intellectual and Artistic Works adopted for products work with intellectual property rights in question may be. First of all intellectual efforts, as a physical phenomenon, appealing to our senses to the outside world must come to see as the main conditions. To the outside world have not been as physical, of the conservation efforts already shaped an idea is not possible. Herein effort, intellectual effort. Or to all the outside world, have taken a certain way does not qualify as work product. Intellectual property rights, largely with basic human rights are considered as well as economic, social and cultural life of society as well as industrial and technological development is extremely important nowadays because of the influence gained. Therefore, fast motion and technological developments in our world of art in the world of ideas and brings with violations. In the age we live in societies and the protection of their rights calls has become a way of life. Thoughts on the rights protection required product is the first cause of social justice are needed. Justice, personal and social rights and benefits requires a balance between the right to be. Universal Declaration of Human Rights, the cultural life of the balance between the two interest groups is required. Owners and community work. Creative idea for labor of the products in the best way to exploit conditions for the regulation of addition of these products of society that under optimal conditions and the concept of justice required by way to exploit the necessary ways and methods of regulation, in fact, communities that quantitatively and qualitatively more powerful than an idea the product of wealth to exploit the possibility will provide. Beautiful work of art the idea of law as requested "an aesthetic content as a surface or object and put the idea of human sense of sight to the allocution products" understandable. In other words, the human sense of beauty products that appeal to the idea of virtu is called. Seen from this perspective, see beautiful works of art as an aesthetic pleasure to address our need awakening, on a surface or object formed ideas into products. Beautiful works of art with any of the statements in question is not language. These are static in nature, as they are, as a rule means a constant need for expression and detection are shown. "Information of Ownership to the criteria of" the present level of development is considered the best indicator is known. The priority given to information of one of the most important indicator of the importance given to art and artists in the country in question is the equivalent of the use and protection of intellectual property rights and interests to the approach they are the legal provisions. Protection of intellectual property rights, on the one hand, and this piece of work with labor and capital transfer to the public by putting the protection of those rights, on the other hand, the internal and external sanctions within the framework of international agreements in accordance with contemporary norms should be carried out also brings. Cultural structure of society over time, a common denominator of popular culture in the process enters the intersection. All of these relationships to track and observe the assimilation ultimately reflect different and unique interpretation to the outside is an artist. Other members of society in the social life of the society which needs some essential elements and activities in its production, while artists, aesthetic pleasure and enjoyment to the values at the point of having the body work of individuals by bringing this point to address the needs and do work. This matter is not easy, as seen in no. What is intellectual and artistic works, where the boundaries begin and where we ended the day specified by law, although still often difficult to quit smoking as a human phenomenon stands out against us. For this reason, thinking and ideas to implement in the context of the brain thinks the efforts of individuals and to society of not disappointed not create an unfair situation in terms of solutions requires. Regulation of expression of cultural life, intellectual and creative power of art in the field will find encouragement and support describes the preparation of a suitable average. Promote and support the work of the creative power of ideas and works of art and artifacts related to the protection of the rights to play the role of law is related to. Thoughts on the rights protection required product is the first cause of social justice are needed. Justice, personal and social rights and benefits requires a balance between the right to be. Universal Declaration of Human Rights, the cultural life of the balance between the two interest groups is required. Owners and community work. Creative idea for labor of the products in the best way to exploit conditions for the regulation of addition of these products of society that under optimal conditions and the concept of justice required by way to exploit the necessary ways and methods of regulation, in fact, communities that quantitatively and qualitatively more powerful than an idea the product of wealth to exploit the possibility will provide. Work, on the state of the material and moral rights protection and effective legal rules under the belief that thoughts of the product has encouraged more and more qualified work power generation will have no doubt. Among the various world countries, reviews, thoughts on the products more comprehensive and effective protection of the rights of countries in the field of culture and art was further developed and became rich revealed. Of the works, the owner of the products of the creative thinking that is undisputed. On the other hand, the country's products and thought enough of their owners and can not effectively protected, but also the country's cultural heritage conservation and the development adversely affects. Work and respect for labor rights as an absolute social awareness and adoption by authorities of all social and vital that the individual's absolute right to be aware that there needs to be. After all this, to express the most fundamental rights of individuals who have been transferred to the application of aesthetic products to the idea of having both the individual and protection required by the state before the law to conclude that protection is a necessity will be inevitable.
All rights absolute rule of law, is born. In other words, do not protect the interests of law and did not recognize a privilege "rights" can not be considered. Therefore, what rights should be considered include whether the rights of the elements, to determine the scope and limits of the legal system job. Today, the community of nations in all its aspects to be developed on the basis of consciousness, thoughts lies. Thoughts, in this sense, everyone is open to public use, public properties are moving. To be shared and spread to the outside shot in the direction of a trend carrying thoughts, with a variety of tools and a permanent outward when hit, now a special case of person stands out. Transferred to a permanent way out ideas, the owner can move the properties, the owner felt itself, where it makes sense to have the responsibilities that are installed. Actions that can be dedicated to people in society, but punishable or can be awarded. Therefore, living in a society that represents the product of the actions and the actions of the individual with upgrading or responsibility, but rights can be won is going to face the day. In other words, but the shape is defined by the Law on Intellectual and Artistic Works adopted for products work with intellectual property rights in question may be. First of all intellectual efforts, as a physical phenomenon, appealing to our senses to the outside world must come to see as the main conditions. To the outside world have not been as physical, of the conservation efforts already shaped an idea is not possible. Herein effort, intellectual effort. Or to all the outside world, have taken a certain way does not qualify as work product. Intellectual property rights, largely with basic human rights are considered as well as economic, social and cultural life of society as well as industrial and technological development is extremely important nowadays because of the influence gained. Therefore, fast motion and technological developments in our world of art in the world of ideas and brings with violations. In the age we live in societies and the protection of their rights calls has become a way of life. Thoughts on the rights protection required product is the first cause of social justice are needed. Justice, personal and social rights and benefits requires a balance between the right to be. Universal Declaration of Human Rights, the cultural life of the balance between the two interest groups is required. Owners and community work. Creative idea for labor of the products in the best way to exploit conditions for the regulation of addition of these products of society that under optimal conditions and the concept of justice required by way to exploit the necessary ways and methods of regulation, in fact, communities that quantitatively and qualitatively more powerful than an idea the product of wealth to exploit the possibility will provide. Beautiful work of art the idea of law as requested "an aesthetic content as a surface or object and put the idea of human sense of sight to the allocution products" understandable. In other words, the human sense of beauty products that appeal to the idea of virtu is called. Seen from this perspective, see beautiful works of art as an aesthetic pleasure to address our need awakening, on a surface or object formed ideas into products. Beautiful works of art with any of the statements in question is not language. These are static in nature, as they are, as a rule means a constant need for expression and detection are shown. "Information of Ownership to the criteria of" the present level of development is considered the best indicator is known. The priority given to information of one of the most important indicator of the importance given to art and artists in the country in question is the equivalent of the use and protection of intellectual property rights and interests to the approach they are the legal provisions. Protection of intellectual property rights, on the one hand, and this piece of work with labor and capital transfer to the public by putting the protection of those rights, on the other hand, the internal and external sanctions within the framework of international agreements in accordance with contemporary norms should be carried out also brings. Cultural structure of society over time, a common denominator of popular culture in the process enters the intersection. All of these relationships to track and observe the assimilation ultimately reflect different and unique interpretation to the outside is an artist. Other members of society in the social life of the society which needs some essential elements and activities in its production, while artists, aesthetic pleasure and enjoyment to the values at the point of having the body work of individuals by bringing this point to address the needs and do work. This matter is not easy, as seen in no. What is intellectual and artistic works, where the boundaries begin and where we ended the day specified by law, although still often difficult to quit smoking as a human phenomenon stands out against us. For this reason, thinking and ideas to implement in the context of the brain thinks the efforts of individuals and to society of not disappointed not create an unfair situation in terms of solutions requires. Regulation of expression of cultural life, intellectual and creative power of art in the field will find encouragement and support describes the preparation of a suitable average. Promote and support the work of the creative power of ideas and works of art and artifacts related to the protection of the rights to play the role of law is related to. Thoughts on the rights protection required product is the first cause of social justice are needed. Justice, personal and social rights and benefits requires a balance between the right to be. Universal Declaration of Human Rights, the cultural life of the balance between the two interest groups is required. Owners and community work. Creative idea for labor of the products in the best way to exploit conditions for the regulation of addition of these products of society that under optimal conditions and the concept of justice required by way to exploit the necessary ways and methods of regulation, in fact, communities that quantitatively and qualitatively more powerful than an idea the product of wealth to exploit the possibility will provide. Work, on the state of the material and moral rights protection and effective legal rules under the belief that thoughts of the product has encouraged more and more qualified work power generation will have no doubt. Among the various world countries, reviews, thoughts on the products more comprehensive and effective protection of the rights of countries in the field of culture and art was further developed and became rich revealed. Of the works, the owner of the products of the creative thinking that is undisputed. On the other hand, the country's products and thought enough of their owners and can not effectively protected, but also the country's cultural heritage conservation and the development adversely affects. Work and respect for labor rights as an absolute social awareness and adoption by authorities of all social and vital that the individual's absolute right to be aware that there needs to be. After all this, to express the most fundamental rights of individuals who have been transferred to the application of aesthetic products to the idea of having both the individual and protection required by the state before the law to conclude that protection is a necessity will be inevitable.
Açıklama
Anahtar Kelimeler
Sanat, Telif, Hak, Mülkiyet, Kanun, Eser, Art, Reconciliation, Right, Possession, Law, Work
Kaynak
Selçuk Üniversitesi Sosyal Bilimler Enstitüsü Dergisi
WoS Q Değeri
Scopus Q Değeri
Cilt
Sayı
23
Künye
Eliri, İ., (2010). Güzel Sanat Eserlerinde Fikri Mülkiyet Hakları ve Uygulamaları. Selçuk Üniversitesi Sosyal Bilimler Enstitüsü Dergisi, 23, 61-71.
