TO THE COURT OF FIRST INSTANCE
FILE NUMBER:
PLAINTIFFTO THE COURT OF FIRST INSTANCE
FILE NUMBER:
PLAINTIFF:
ATTORNEY:
DEFENDANT:
attorney :
SUBJECT:TO THE COURT OF FIRST INSTANCE
FILE NUMBER:
PLAINTIFF:
ATTORNEY:
DEFENDANT:
attorney :
SUBJECT: These are our answers against the other party’s response petition.
descO THE COURT OF FIRST INSTANCE
FILE NUMBER:
PLAINTIFF:
ATTORNEY:
DEFENDANT:
attorney :
SUBJECT: These are our answers against the other party’s response petition.
descriptions
First of all, our petition containing the request for renewal of the trial reiterates its content exactly,
1-My client …….. about ……… ..The Court of First Instance ……….. the main ………. the decision regarding the file numbered decision was made by the Court of Cassation 11. By the decision of the Legal Department …….. on the basis of …………. it has been confirmed and finalized in its history.
2-The client has deposited the total amount of the enforcement proceeding subject to compensation due to the enforcement proceeding filed against him/her into the file of the relevant Enforcement Office, ……… TL, with the condition that his/her rights are reserved. The receipt is attached-The client has deposited the total amount of the enforcement proceeding subject to compensation due to the enforcement proceeding filed against him/her into the file of the relevant Enforcement Office, ……… TL, with the condition that his/her rights are reserved. The receipt is attached. As a result, the amount of compensation subject to compensation has been fully paid by my client.
3-Our statements were submitted together with the documents before the decision of the relevant Civil Chamber of the Supreme Court of Appeals, and we also submitted our petition dated ………, which will greatly affect the merits of the case and is supported by documents, and the main documents that will change the course of the case, in the number of …, attached to this petition.
4-However, the issue in question is …-However, the issue in question is …….. our dated petition and the attached documents were sent by APS method, ……… as can be seen from the example of the petition attached with the dated receipt, although the documents were sent to the relevant office of the Court of Cassation, unfortunately, the Court of Cassation 11. Le-However, the issue in question is …….. our dated petition and the attached documents were sent by APS method, ……… as can be seen from the example of the petition attached with the dated receipt, although the documents were sent to the relevant office of the Court of Cassation, unfortunately, the Court of Cassation 11. Legal Department the documents in question ……….. it has been approved in its history and has been excluded from examination.
“First of all, participating in the work in question …….. it doesn’t belong.
1-As it is known, the law No. 5846 is related to the protection of the owners of works. To be said within the framework of this explanation, if a work is put forward as a result of his intellectual and intellectual work, the kind of person of this work can be bet on the ownership of an exclusive, personalized work.As it is known, the law No. 5846 is related to the protection of the owners of works. To be said within the framework of this explanation, if a work is put forward as a result of his intellectual and intellectual work, the kind of person of this work can be bet on the ownership of an exclusive, personalized work.
In the light of these explanations, it is clear that the work in question is not the work of the participant.
In addition, the artist in question recorded the song on a record in ……. year under the name of “……………”, including the wordsn addition, the artist in question recorded the song on a record in ……. year under the name of “……………”, including the words ……….. in question and the folk song in question. The plaque in question was not requested by the Court at the trial Iddition, the artist in question recorded the song on a record in ……. year under the name of “……………”, including the words ……….. in question and the folk song in questIn addition, the artist in question recorded the song on a record in ……. year under the name of “……………”, including the words ……….. in question and the folk song in question. The plaque in question was not requested by the Court at the trial stage, but the powers of the relevant TRT organization were expressed if the video picture of the plaque in question and the information records were requested by the Court.
2-As can be understood from the documents contained in the named work file, “………..” the work compiled by and named after ………..it has also been registered by.
In this respect, the source person of the work in question is ………… he is not the person who compiled this piece.
3- As it is known, if folk songs that have become popular, accepted by everyone and whose source is unknown and has become anonymous are performed, it does not constitute a violation of the law numbered 5846 and does not give rise to any copyright claim in terms of the copyright law.- As it is known, if folk songs that have become popular, accepted by everyone and whose source is unknown and has become anonymous are performed, it does not constitute a violatio- As it is known, if folk songs that have become popular, accepted by everyone and whose source is unknown and has become anonymous are performed, it does not constitute a violation of the law numbered 5846 and does not give rise to any copyright claim in terms of the copyright law.
The work mentioned 50 years ago with this anonymous qualification …….’ce is a registered work.
However, as a person, any person does not have the authority to register a part.
Besides,
1-Participating-Participating ……………… In the petition for compensation filed by the Intellectual and Industrial Rights Civil Court for compensation against the Turkish Radio and Television Corporation, especially in relation to the folk songs “Smile in the gardens, Five finger mountain row, summer flower smile, I bought a handkerchief from the stream (from the city) …” As a result of the trial of the comp-Participating ……………… In the petition for compensation filed by the Intellectual and Industrial Rights Civil Court for compensation against the Turkish Radio and Television Corporation, especially in relation to the folk songs “Smile in the gardens, Five finger mountain row, summer flower smile, I bought a handkerchief from the stream (from the city) …” As a result of the trial of the compensation claim, the Court ………. history and ……….. the main ……….. decision as can be seen in the paragraph of the judgment numbered decision, it was decided to “dismiss the case” and in the last part of the reasoned decision of the relevant Court, in particular;
“…Understanding that the respondent institution does not include folk songs belonging to real people and not qualified to be anonymous in its repertoire, the artist who compiled the said folk songs ………’ in the face of his death in 1963 and the fact that the said records have been open to the public for about fifty years in a way that can also be known by the participant personally, it is determined from the scope of the documents that the participant edited before the mentioned dates or officially registered by the respondent institution and its officers for their duties, it is obvious that the aforementioned folk songs must submit strong evidence to prove that the quality of anonymity is wrong. However, such evidence could not be presented to our Court. For this reason, it is not possible to agree with the personal opinion of the second expert board, which does not include any reference to a record in the report it prepared, to a scientific work, official or private, and which states that the owner of the works in question in the TRT repertoire is in fact the participant who is the source person.For this reason, it is not possible to agree with the personal opinion of the second expert board, which does not include any reference to a record in the report it prepared, to a scientific work, official or private, and which states that the owner of the works in question in the TRT repertoire is in fact the participant who is the source person.” With his interpretation and evaluation, he determined the material reality and as a result, it was clearly registered by the Court decision that he was not the person who compiled the song in question and that the piece “I Bought a Handkerchief from the City” was compiled by ……………, as we also stated in our appeal petition.
2-In the same way, …’s application, he gave the same way, ………….. upon the applicant’s application, he gave the applicant ……….. In his response dated …, he stated that “…As explained above, the Source Person who provides the repertoi2-In the same way, ………….. upon the applicant’s application, he gave the applicant ……….. In his response dated …, he stated that “…As explained above, the Source Person who provides the repertoire with the existing, known melodies, that is, those with the feature of “Anonymous”; ………..it is not true that he claims that the lyrics and music of these tunes belong to him in their entirety …”he rejected the application with his assessment.
3-Again, upon the additional application made by the participant …date-Again, upon the additional application made by the participant …………,. “on ……… date, ……….. with ordinal number, ………… as the source person related to his folk song, he requested to be included in the repertoire, but in the same way, the relevant institution again “…With the establishment of Mesam, fees began to be paid for melodies in the composition genre, so people began to apply for such initiatives in order to receive royalties. As explained above, the Source person who allows to bring the existing, known, i.e. “Anonymous” melodies into the repertoire ………’ it is not true that he claims that the lyrics and music of these melodies belong to him in their entirety…”his application was rejected again on the same grounds as his assessment.
4-Upon the applications of the participant ……….. ………. as a result of the examination conducted by a competent expert named; “…it is inconceivable that a cultural product that has cost society should be under the ownership of a single person.-Upon the applications of the participant ……….. ………. as a result of the examination conducted by a competent expert named; “…it is inconceivable that a cultural product that has cost society should be under the ownership of a single person. In this case, it is considered that it would be appropriate to continue protecting the folk songs mentioned above with their current identity information,”the assessment made by a musicologist was also submitted to your Supreme Court.
5-I also bought a handkerchief from the city, which is an anonymous folk song taken from the TRT archive, and the song “From the City” is also a song by one of our country’s distinguished Turkish Folk Music artists, ………. A sample of the note related to the compilation is also presented, notarized5-I also bought a handkerchief from the city, which is an anonymous folk song taken from the TRT archive, and the song “From the City” is also a song by one of our country’s distinguished Turkish Folk Music artists, ………. A sample of the note related to the compilation is also presented, notarized.
Although the attorney of the opposing party has requested the dismissal of the case due to the expiration date, it is understood that there was no time limit in this direction when a decision on the merits of the case was obtained in accordance with the provisions of the renewal of the trial, as well as a final court decision issued on the Folk Song that is the subject of the case, it is understood that the requests of the attorney of the opposing party were not in place,
Conclusion and request;
For the reasons explained,
I request that the case be dismissed and that the trial expenses and attorney’s fee be charged to the other party, based on the documents submitted regarding the request in question and the content of the finalized court decisions.lusion and request;
For the rea