A public lawsuit was filed on the allegation that the works titled “Evvelim Sen Olun” and “I’ve Been Myself” and “I Discovered Myself” by Neşet Ertaş and to which the Skilled Affiliation of Musical Work House owners of Turkey (MESAM) are entitled, have been transmitted to the general public with out permission on the printed stream of a tv channel.
Within the case heard on the Uşak Legal Court docket of First Occasion, it was determined to drop the case in opposition to the defendants who have been tried for violating the Legislation on Mental and Creative Works No. 5846.
Upon attraction of the native court docket determination, the file got here to the seventh Penal Chamber of the Supreme Court docket. The Chamber overturned the choice of the native court docket, ruling that the choice to dismiss with incomplete prosecution was given.
“THE DECISION TO BE RELEASED REQUIRED TO BREAK”
Within the determination of the chamber, it was said that the paperwork submitted by the MESAM consultant concerning the works and the proper possession paperwork ought to be evaluated.
Within the determination, the place it was said that it was understood that the certificates of succession was not included within the file regardless of the authorization certificates issued between the inheritor of Neşet Ertaş, the lyricist and composer of the works, and the skilled affiliation, the related certificates of succession ought to be included within the file, all of the proof ought to be evaluated collectively, and the authorized standing of the accused ought to be decided and appreciated in response to the outcome. It was said that the choice of dismissal in writing with incomplete prosecution necessitates revocation.