
Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi
Yazarlar: Murat SARIKAYA
Konular:Hukuk
Anahtar Kelimeler:Copyright,Pecuniary damages,Non-pecuniary damages,Claim for three times royalty,Claim to benefits
Özet: The action for damages is one of the actions that the Law No. 5846 on Intellectual and Artistic Works (LIAW) provides the rightholder with respect to protection of copyright. In this regard, Art. 70 of the LIAW recognizes the action for damages in case of copyright infringement. This essay deals with the conditions of the pecuniary and nonpecuniary damages pursuant to aforementioned provision. Besides that, the claim for damages has been compared to the claim for three times royalty which is provided by Art. 68 of the LIAW. Moreover, the claim to benefits resulting from copyright infringement has been explained. The primary goal of the examination is to clarify the relationship between all these stated claims.