Guion de Radio en Ingls

1 00:00 00:10 David Turqua es un pas tradicional, tiene mucho que ofrecer a sus visitantes, posee lugares histricos y arqueolgicos nicos. Este pas se ha convertido recientemente en uno de los destinos tursticos ms populares. Est localizado entre Europa y Asia se extiende por toda la pennsula de Anatolia y Tracia en la regin de la pennsula de los Balcanes. Es un pas Musulmn por lo que muchas de sus leyes estn relacionadas con la religin y su libertador Mustafa Kemal Atatrk. Erkin Yilmaz, director general de derechos de autor en Turqua nos explica cmo es la legislacin en este pas. The directory of general copyright where I am working now is under the ministry of culture and tourism. Its a special division, we are responsible for drafting legislation, concerning copyright issues, also what is important for us to fight against the piracy, not just for internet piracy but the piracy on the streets. We have to do our best to protect the right holders and if I say write holders, you have to understand the writers, painters, sculptures, editors, translators, musicians, performers, dancers, actors. It is my occupation, its my job and I have to protect them in an effective way and effective manner and therefore we are trying to establish some kind of legislation, and as we got the French example, they established or they wrote such legislation or they made a law concerning the digital piracy. And they call this law Hadopi. And they established a special institution and the name of this institution is Hadopi. And probably it is under the ministry in France. The responsibility of Hadopi is to determine anyone on the internet who infringes the right of the right holders. Cunta es la cantidad de gente que tiene Internet en Turqua? Let me give you some figures. The number of internet users in Turkey is about 14 million and probably you know the population of Turkey is about 76 million. It is almost 20% of all population. It is a huge number for the internet using in Turkey. And David what may be interesting for you to understand access to knowledge and information is on the mandates of the international organizations like UNESCO and WIPO, because these organizations attach a great deal of importance of sharing the knowledge and access to knowledge and information. But in a world if the works are protected by copyright is not easy for anyone to reach the information. And all the developed countries like Uruguay, like Colombia, like Mexico, like brazil they are fighting for establishing

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proper instrument to access the knowledge. WIPO is the world intellectual property organization and situated in Geneva in Switzerland and probably all the countries are members of WIPO. Mainly there are two groups developed and developing countries. Developing countries are fighting for reaching the information and knowledge in an easy way and the developing countries are fighting to protect the right holders much more robust concrete. What is important to establish is the balance once again. It is the reason why I try to explain to you the exceptions and limitations. To establish the right balance all the legislation must have some exceptions and limitations concerning copyright protections. Recently the countries in WIPO are trying to prepare an international and binding agreement concerning limitations and exceptions, because think about you have a copyright law in your country you have some exception. I have a copyright law in my country I have exceptions. But I just use these exceptions for my residencies, for my people and your exceptions is for your people. But If we succeed to sign an international agreement, I will benefit from the works from your country and you will benefit from the works from my country. For example as a developing country I need works written in English. But without taking any authorization from the right holders from the USA or England or from Germany I couldnt use it. But if we had an International agreement, if this agreement is regulating the exceptions and limitations, and if Germany, England and the USA are the signatory of this agreement, I can benefit from the works than taking any authorization from them and therefore the knowledge and information will circulate freely among the countries. And this is the reason why under developed or developing countries for fighting to reach the knowledge in a proper way. And also as a Turkish we are supporting such a treaty. And also what is the controversial subject in WIPO is once again an exception for visually impaired people. They are blind or couldnt read any material like the normal people. They are trying to make legislation once again an international instrument to benefit for visually impaired person from the copyright protected material without taking any authorization; also UNESCO I know has a mandate to develop the information and the communication society. Desde hace cuanto existen los derechos de autor en Turqua? Actually, the modern copyright law that is based in 1951

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and since 1951 we amended our copyright laws more than 7 times, because the copyright is very dynamic structure because of the new technologies. And it is not easy for explanation to catch the new technologies immediately and you have to change and amend your copyright law and all the countries, all developed countries, are making the same thing. But actually, the French example is very disputable subject you know, if you ban the internet, it is the inherence of the freedom of the speech for some occasions. Cmo est la situacin en los almacenes de msica? You know there are illegal sites because you are using music or films without taking any authorization from the right holders and the laws of the market is very very huge and concerning the Turkish situation, probably the market on the music sector has decreased %70 within five years because of the digital privacy. But if I evaluate the whole scenario, I support the French model and I support Hadopi example, because approximately, three or four months ago I found an opportunity to go France and to ask some questions concerning the Hadopi examples and their first motto is not to ban anything. They say we are an organization aiming at increasing the public awareness we don't want to demolish anyone or ban the internet sites, because the system is based on three steps. First of all, if they find anyone who is infringing the copyright, they send a warning message to him and this message contains that if you go on doing the same thing, you may have some punishment or something like, is an awareness notice. Si yo descargo una cancin de Internet, por ejemplo de Tarkan Estara infringiendo la ley? Actually, what is piracy, from the perspective of me, is not the downloading. If you open your portfolio concerning the world, you have Tarkan's song, you have Bon Jovi's song, you have let me say Road Stewards song, if you open all the songs to the public, you are infringing the law. If you just download but between the frameswork of the working system of Peer to Peer, you couldn't download without opening your portfolio to another people. Could you understand?? So, by downloading I am not committing any infringement for the law. But by sharing I am committing the infringement Exactly you are right, because if you share, you open your work to many people. Actually, maybe it will be much easier to understand for you if you talk about exceptions and limitations. Did you hear any?

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What are exceptions? All the copyright legislations are aimed at protecting the right of right holders. There isnt any question concerning this topic, but for some occasions people may use the works of the right holders without taking any prior authorization and we call this situation, this cases, exceptions and limitations. For example, one of the most important exceptions is private use. What is the private use? I have a book, I bought from the book store, then I went to the photocopy shop and I made another copy for myself. It is my private use exception. I do not need to ask to writer of the book. Otherwise, it is the action of reproduction. If I go to the photocopy shop, I infringe the right of reproduction of the right holders. But in the frame of the exceptions and limitations I do not need ask for permission, Sucede lo mismo con la msica? Yes, of course. If I have any cassette and you may ask for me to take cassette, and you may make a copy for you. You don't infringe the copyright law. And how about the Movies? The same, the same we say this exception the private use and in USA they say fair use, the doctrine is a bit different but is better for you to check, private use and fair use to understand much more detail because this subjects are very fragile and not easy to comprehend and understand but there are some rules to benefit from this exceptions. Me puede decir cmo es la legislacin de derechos de autor en Internet en Turqua? Law 5651 Turkey is the signatory of comprehensive human right treaties at the same time. There were no specific laws regulating the internet until 2007 in Turkey. And Turkish government enacted law (5651). Entitled: The regulation of publication on the internet and separation of crimes committed by means of such publication in 2007. And the law main regulates the responsibilities of internet actors. Like content providers, access providers, internet service providers and article 8 of the law 5651 is the most debated and controversial part of this law because article 8 includes the blocking measures, under the article 8 the access to websites are subject to blocking if there is sufficient suspicion. The certain crimes, its important the certain crimes are being committed on the particular websites within the context of the law the telecommunications communication presidency we say tip in turkey what choose as an organization is possible for executing blocking orders. It should be done by the court. And has been giving authority to issue administrative blocking orders which

you got certain internet content hosted in turkey and also websites hosted abroad in terms of crimes listed on article 8. Min 35:48 Article 8 and the crimes The 8 specific crimes are included in article 8, let me tell you this crimes: 1- Encouragement of Suicide: If in the internet web site encourages the person for a suicide action is possible for Turkey to ban this internet web site. 2- Sexual exploitation 3- Abuse of children 4- Facilitation of the use of drugs 5- The prohibition of substances dangerous to health: If in the Internet sites are selling dangerous products through the Internet is possible to shut down. 6-Obscenity, maybe, pornography or something like this. 7-Gambling: Internet sites which are showing interaction to play cards or something like this. 8-Crimes committed against Atatrk, who is the founder of the modern Turkey in the 1920, if you commit any crime against Atatrk or if you are humiliating bad against Atatrk on the internet probably your site will shut down. There are 8 crimes and the explanatory note of the law referred to article 41 of Turkish constitution states that: The state shall take the necessary measures and establish the necessary organization to ensure the peace and welfare of the family especially where the protection of the mother and children is involved. And the parliament essentially explains that this is to protect our families in Turkey, our children and the youth. And it is the main reason for the adaption of this article 8. This 8 catalog crimes and to ban this crimes is very important for the families, children and youth in Turkey. And since the adaption of this law, approximately 2700 websites have been blocked. And access to cousin developed number of formed websites including: YouTube, DailyMotion, Google sites, Farmville have been blocked. 27 David En Turqua ya hay excepciones y limitaciones para cada caso, incluso tienen un departamento dedicado a esto. Tal ves los colombianos necesitamos aprender de otros

pases para implementar de la mejor manera estas leyes, sin afectar el acceso a la informacin y protegiendo a los autores de los derechos.