INTELLECTUAL AND INDUSTRIAL PROPERTY LAW, THE MISAPPROPRIATION OF ARTISTIC LABOR, AND PLAGIARISM
The Devaluation of Creative Labor and the Establishment of Ownership Over “Ideas” Art, literature, industrial design, and the world of cinema are fields where human intellect and creativity are most embodied, yet at the same time, where labor can be copied most easily and ruthlessly. While the theft of physical property causes public outrage, turning months of intellectual labor, software, or an artistic composition into commercial gain by copying it (plagiarizing) is frequently attempted to be legitimized under the guise of “inspiration.” The raison d’être of the Law on Intellectual and Artistic Works (FSEK) and the Industrial Property Code (SMK) is to protect this creative labor (the work), filtered through the human brain and materialized, with the shield of the state against the unlimited copying power of capital or unfair competition.
Violation of Moral Rights, Impairment of the Integrity of the Work, and Deterrence A work owner’s right over their work is not limited to the copyright fee (pecuniary right) they will receive. Unauthorized alteration of the work, or using it in a format (ideological or commercial) that is detached from its context and damages the honor of the author/artist, constitutes a severe attack directly targeting “moral rights.” Especially the fact that digital platforms, publishing houses, or production companies completely appropriate works by using ambiguous expressions in assignment agreements signed with artists and push the original creator of the work out of the system is one of the biggest crises of copyright law. Against viewing artistic labor as a mere commodity, it is essential that the “creative identity,” which is an inseparable part of the work, is defended before the judiciary.
Operational Legal Offensive Against Copyright Infringements In cases where intellectual and industrial property rights are infringed, instead of classical and slow-working compensation lawsuits, a technical strategy must be executed that immediately halts unfair profit:
- The moment suspicion of plagiarism (copying) arises, having “Evidence Determination” conducted before the Intellectual and Industrial Property Civil Courts (FSHHM) through independent academic and technical experts to scientifically register that the work has been copied (the similarity rate),
- Collecting books printed without authorization, produced industrial designs, or content uploaded to digital platforms through “Preliminary Injunction” orders, sealing production lines, and immediately blocking access,
- Executing stages where the entirety of the unfair profit obtained by the infringer (pirate) is transformed into compensation lawsuits up to three times (of a punitive nature) within the framework of the FSEK as the “deprived profit” of the work owner.
Justice in art and copyright law is achieved when those who steal labor are forced to bow before those who produce it through the power of the judiciary.
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