The article every media organisation wanting to use a TRT image in a news item should know. The Law ties the permission to written form.
The Prohibition - Art. 32/1
The broadcasts of the Turkish Radio-Television Corporation may not be re-broadcast by wire or wirelessly, may not be recorded in whole or in part for circulation with or without charge, may not be reproduced and may not be shown to the public at venues charging admission, without the written permission of the Corporation.
| Prohibited act | Scope |
|---|---|
| Re-broadcasting | By wire or wirelessly |
| Recording | In whole or in part, for circulation with or without charge |
| Reproducing | Within the same scope |
| Showing to the public | At venues charging admission |
Two Separate Protections - Art. 32/2
Just as the Turkish Radio-Television Corporation has the right to bring an action for pecuniary and non-pecuniary damages against conduct contrary to the provision of the first paragraph, the Corporation also benefits from the civil and criminal protection provided in the Law on Intellectual and Artistic Works.
| Protection | Basis |
|---|---|
| An action for pecuniary and non-pecuniary damages | Law No. 2954 Art. 32/2 |
| Civil protection | The Law on Intellectual and Artistic Works |
| Criminal protection | The Law on Intellectual and Artistic Works |
Use in News
If TRT footage is to be used in a news item, written permission is essential. We cover the limits of quotation and use for news purposes, within the framework of copyright legislation, in the copyright and data protection guide.
The Disciplinary Side
The same subject is governed for personnel as well. Art. 56/B lists among the acts requiring the penalty of suspension of advancement: broadcasting, permitting the broadcast of or causing the broadcast of content that the Corporation's supervisory levels have decided shall not be broadcast, or whose broadcast has been prohibited by judicial authorities or administrative organs, or for which the owner of the work or of the right has not given permission.
The Corporation's Property Is State Property
Article 59: the property and all assets of the Turkish Radio-Television Corporation are deemed State property. The same article leaves the security and protection of buildings and installations connected with broadcasting, such as transmitters, studios and programme transmission systems, to the responsibility of the Ministry of the Interior; the Corporation may form a private security organisation where necessary (Amended: 6/7/1999-4397/3).
The Protection of Archive Material
Art. 56/B also contains three separate disciplinary provisions protecting the archive - not uploading to the digital archive (reprimand), causing the loss of broadcast equipment (deduction from salary) and causing rare or uncopied archive material to become unusable or to be lost (suspension of advancement).
We cover the detail in the retention guide.
Summary
TRT broadcasts may not be re-broadcast by wire or wirelessly without the written permission of the Corporation; they may not be recorded in whole or in part for circulation with or without charge, may not be reproduced and may not be shown to the public at venues charging admission. The Corporation both has the right to bring an action for pecuniary and non-pecuniary damages and benefits from the civil and criminal protection in the Law on Intellectual and Artistic Works.