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This chapter examines cultural assets through the lens of copyright law, drawing on the ‘Convention on the Protection of the World Cultural and Natural Heritage’ and the ‘Convention on the Protection of the Intangible Cultural Heritage’, the global cornerstones of cultural asset protection, and taking into account the EU acquis. Firstly, the concept of ownership of cultural assets, which is one of the basic concepts of Turkish cultural assets law, is discussed in terms of state ownership, public ownership, private ownership and the concepts of right holder of an artefact in copyright law. Secondly, the legal problem in the use of the publication right granted to the administrators of archaeological excavations by the head of the excavation is explained. Afterwards, it is determined that Article 43 of the Law No. 2863 on the Protection of Cultural and Natural Assets, which regulates the right to publish after the excavation, is also problematic in terms of copyright law concepts. To evaluate the right of publication exclusively used by the head of the excavation as a temporary and conditional exclusive legal licence within the scope of the “right of dissemination” of copyright law; and in order not to prevent scientific studies and in accordance with the obligation of international information exchange to revise it as “Right of First Publication” is underlined. Thirdly, activities such as photographing, videoing, creating three-dimensional (3D) copies, etc. of cultural assets are evaluated in terms of the right of access to cultural assets and the reproduction, processing, dissemination and digital transmission rights of copyright law. In terms of copyright law, it is mentioned that the current version of Law No. 2863 is not in compliance with its by-laws. In addition, two high court decisions related to the subject of the chapter are discussed and legal qualification errors are mentioned. The study, which evaluates the domestic legislation and two high court decisions in accordance with the international acquis on cultural assets, also serves as a call for similar evaluations and discussions in other countries based on the two UN conventions.

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Cultural Assets in Terms of Copyright Law with Special Reference to the Right of First Publication for Archaeological Excavation Findings

  • 章节

  • 发表日期：

    2026年

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  • Haluk İnanıcı

摘要

This chapter examines cultural assets through the lens of copyright law, drawing on the ‘Convention on the Protection of the World Cultural and Natural Heritage’ and the ‘Convention on the Protection of the Intangible Cultural Heritage’, the global cornerstones of cultural asset protection, and taking into account the EU acquis. Firstly, the concept of ownership of cultural assets, which is one of the basic concepts of Turkish cultural assets law, is discussed in terms of state ownership, public ownership, private ownership and the concepts of right holder of an artefact in copyright law. Secondly, the legal problem in the use of the publication right granted to the administrators of archaeological excavations by the head of the excavation is explained. Afterwards, it is determined that Article 43 of the Law No. 2863 on the Protection of Cultural and Natural Assets, which regulates the right to publish after the excavation, is also problematic in terms of copyright law concepts. To evaluate the right of publication exclusively used by the head of the excavation as a temporary and conditional exclusive legal licence within the scope of the “right of dissemination” of copyright law; and in order not to prevent scientific studies and in accordance with the obligation of international information exchange to revise it as “Right of First Publication” is underlined. Thirdly, activities such as photographing, videoing, creating three-dimensional (3D) copies, etc. of cultural assets are evaluated in terms of the right of access to cultural assets and the reproduction, processing, dissemination and digital transmission rights of copyright law. In terms of copyright law, it is mentioned that the current version of Law No. 2863 is not in compliance with its by-laws. In addition, two high court decisions related to the subject of the chapter are discussed and legal qualification errors are mentioned. The study, which evaluates the domestic legislation and two high court decisions in accordance with the international acquis on cultural assets, also serves as a call for similar evaluations and discussions in other countries based on the two UN conventions.