October 16, 2025|
Amendments to the Unemployment Insurance Law (Law No. 4447) introduced to mitigate the economic impacts of the COVID-19 pandemic and the support provided to employers and employees.
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Status of Actors under the Law on Intellectual and Artistic Works
JUNE 2021
The Law on Intellectual and Artistic Works (FSEK), which entered into force in 1951, protects authors and related right holders in visual works such as cinema, series and theater. Actors are included in this scope as performers of a work of art. However, the rights of actors are often the subject of controversy, especially in the visual media sector, which has a high economic value. In this article, the rights of actors and the problems they face within the scope of the FSEK are evaluated.
Legal Status of Actors
Actors are defined as individuals who interpret a work in an original manner, directed by a filmmaker and in accordance with the script.
- Performing Artists: Under Article 80 of FSEK, actors are classified as performing artists. However, to qualify as a performing artist, the performance must be “original.”
- Legal Basis: Although actors are not the owners of the work, they hold related rights. These rights include the right to determine reproduction, distribution, rental, and digital access of the work. Moral rights are also intended to protect the reputation of the performer.
Actors' Rights Under FSEK
Economic Rights:
- Actors have the right to grant or deny permission for actions such as recording, reproducing, or broadcasting a performance.
- They are entitled to a share of the economic value derived from the work.
Moral Rights:
- The right to protect the integrity of the performed work.
- The right to be credited for their performance and prevent distortion of their work.
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Challenges in Practice
Contracts for the Transfer of Rights Before Completion of a Work:
- The transfer of actors’ and other contributors’ rights before a work is completed is deemed invalid under Article 48 of FSEK. Such contracts frequently lead to disputes.
- For example, contracts transferring economic rights of an unfinished work are legally void and may result in claims for damages between the parties.
Violation of Moral Rights:
- Altering or modifying an actor’s performance in a work constitutes a violation of moral rights.
- For instance, removing or modifying an actor’s performance in a film gives the actor the right to initiate legal action.
Conclusion
Actors are protected under FSEK independently of the work’s creator. However, issues such as the transfer of rights and violation of moral rights often create conflicts between actors and producers. To safeguard their rights, actors must be vigilant during contract negotiations and seek legal advice. Ensuring adherence to FSEK provisions by all parties helps prevent irreversible harm.
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June 7, 2021|
The Law on Intellectual and Artistic Works (FSEK), which entered into force in 1951, protects authors and related right holders in visual works such as cinema, series and theater. Actors...
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