thirteenth Chamber of the Council of State, singer Hakan Peker‘s track “Continuously” was not broadcast on some radio channels, and the applying to the Competitors Board on the allegation that “a distinction was made between sound artists” was lawful.
Singer Hakan Peker’s grievance to the Competitors Board because of the truth that his new track, which he launched in 2014, was not broadcast on some radio channels, resulted within the lawsuit course of.
Hakan Peker utilized to the Competitors Board with the allegation that his track “Continuously”, which he launched in 2014, was not broadcast on some radio channels, claiming that he made a distinction between sound artists. Within the grievance, it was claimed that the track, which acquired a excessive demand on radio and tv, was by no means broadcast on the related radio channels, nevertheless, radio channels broadcasting related songs discriminated between artists and corporations. It was claimed that the broadcasting of the track on radio channels was vital for its promotion, the album gross sales elevated as the attention elevated, the discharge of the track lowered the competitiveness between producers and singers and brought on injury.
“There are platforms aside from radio for the track to achieve the viewers”
The Competitors Board dismissed the grievance in 2014, concluding that there was no have to open an investigation into the matter.
Hakan Peker’s attorneys filed a lawsuit within the Administrative Court docket for the cancellation of the Competitors Board’s resolution.
Ankara seventeenth Administrative Court docket rejected the lawsuit filed by Peker Music Manufacturing Firm in 2016. Within the courtroom’s reasoning, it was said that there are different platforms comparable to CDs, digital music obtain programs, tv channels, web websites, live shows and commercials, other than radio, for an artist’s work to achieve the viewers.
It was said within the reasoning that the declare that the track in query might be accessed in many various methods relying on technological developments, and that there was an settlement limiting competitors between the talked about radio organizations that didn’t dominate the market, was not primarily based on concrete data and paperwork.
The courtroom stated “there isn’t any distinction between artists”
The case was moved to the Ankara Regional Administrative Court docket upon the attraction authorized treatment. In 2017, Ankara Regional Administrative Court docket determined that the Competitors Board’s resolution was in accordance with the legislation and rejected the annulment request.
Upon attraction of the choice of the Regional Administrative Court docket, this time the file got here to the Council of State.
The thirteenth Chamber of the Council of State rejected Hakan Peker’s attraction and determined unanimously to uphold the choice of the Regional Administrative Court docket, which was in accordance with the process and legislation. (AA)