The definition is short but its consequences are wide. Art. 3 of Law No. 6279 defines the person liable for legal deposit as: the natural or legal person obliged to give the deposit copies to the legal deposit directorate or to the legal deposit units.
The Other Definitions in the Law
| Concept | Definition |
|---|---|
| Person liable for legal deposit | The natural or legal person obliged to give the deposit copies to the legal deposit directorate or to the legal deposit units |
| Deposit copy | The intellectual and artistic works deposited under this Law |
| Deposit library | The libraries to which deposited works are to be sent |
| Legal deposit directorate | The unit that will carry out the deposit procedures |
A Different Addressee from the Press Law
The comparison matters. Art. 10 of Press Law No. 5187 places the delivery duty directly on the printer: the printer is obliged to deliver two signed copies of every kind of publication they print, on the day of distribution or publication, to the public prosecutor's office of the locality.
| Obligation | Addressee | Basis |
|---|---|---|
| Delivery to the prosecutor's office | The printer | Law No. 5187 Art. 10 |
| Legal deposit | The person liable - a natural or legal person | Law No. 6279 Art. 3 |
| The archive on an internet news site | The responsible editor | Law No. 5187 Arts. 10, 17 |
| Delivery to the regional directorate | The publishing organisation | Press Card Reg. Art. 15/g |
For Works Printed Abroad
The Law governs one case specifically: intellectual and artistic works printed or reproduced abroad but sold and distributed inside the country, forming part of Turkey's cultural assets and body of knowledge, are delivered by the person liable in six copies against a receipt to the Legal Deposit Directorate in Istanbul and to the legal deposit units in other provinces.
Transferring the Responsibility by Contract
On Whom Is the Fine Imposed?
Under Art. 10 an administrative fine is applied for each copy, by the highest civil administrator of the place where the deposit is made, to persons who fail to perform their obligations.
The second subparagraph of the same article provides a separate sanction: if the persons liable under Art. 6(ç) fail to perform their obligations, they may not obtain a permit document again.
Checklist
- Does your publication fall within one of the types of work in Art. 4?
- Who is the person liable - you or the printing house? Is it written in the contract?
- Were the copies sent within fifteen days following reproduction? (Art. 9)
- How many copies? Two if you are a local/regional newspaper, otherwise six (Art. 8)
- Are the receipts being kept?
- Has the cost price been recorded as an expense? (Art. 12)
Summary
- The person liable for legal deposit is the natural or legal person obliged to give the deposit copies to the directorate or the units.
- That is a different addressee from the printer in Art. 10 of the Press Law, and the two obligations do not substitute for each other.
- The fine is applied for each copy by the highest civil administrator of the place of deposit.