Turkish television has witnessed a surge in popularity with the adaptation of foreign TV series, predominantly from Korean and Japanese origins, into Turkish remakes. These adaptations, although tailored to the nuances of Turkish culture and lifestyle, often prompt discussions on the rights and involvement of screenwriters in the creative process. This article delves into the intricate interplay between copyright law, intellectual property rights, and the pivotal role of screenwriters in the adaptation of foreign TV series into Turkish formats.
Adaptation Process and Copyright Implications
The process of transforming foreign TV series into Turkish adaptations is predominantly overseen by Turkish screenwriters. This multifaceted process entails the creation of a comprehensive “Framework Story” that serves as the foundation for the Turkish version. Screenwriters meticulously adjust the storyline, characters, and cultural elements to resonate with the sensibilities of the Turkish audience. As this adaptation involves substantial creative input, it is crucial to examine the legal implications within the framework of Turkish Copyright Law and the Law on Intellectual and Artistic Works.
Derivative Works and Screenwriter Rights
The transformation of a foreign TV series into a Turkish remake results in the production of a “Derivative Work” under Turkish intellectual property law. This implies that the screenwriter holds authorship rights over the adapted storyline, characters, and other elements that distinctly characterize the Turkish version. The legal protection granted to such Derivative Works necessitates the explicit written permission of the screenwriter for their utilization in any context. Consequently, the screenwriter maintains the authority to claim copyright fees and assert their creative ownership over the adapted content.
Rights Allocation and Dispute Resolution
In certain scenarios, screenwriters may be involved solely in the creation of the Framework Story, subsequently relinquishing their role in drafting the episode scenarios. Despite their departure from the project, their contribution to the overarching Derivative Work remains legally significant. In such cases, the original screenwriter retains the right to demand equitable compensation, especially if subsequent episode scenarios are developed based on the initially crafted Framework Story. Moreover, the introduction of new characters during the adaptation process may warrant separate protection under the concept of “Personification,” subject to specific criteria stipulated by the law.
Copyright Fee Structures and Legal Precautions
The determination of copyright fees is contingent upon the nature of the screenwriter’s involvement and the overall production budget of the TV series. Professional societies often outline minimum fee standards, which serve as reference points in potential legal disputes. However, the courts evaluate each copyright claim individually, considering various factors that may influence the final compensation amount. To mitigate potential conflicts and safeguard the interests of all stakeholders, both screenwriters and producers must establish comprehensive business models and execute binding copyright agreements before commencing any television project.
Conclusion
As the landscape of Turkish television continues to embrace foreign influences through adaptation, protecting the rights of screenwriters assumes paramount significance. A comprehensive understanding of copyright laws, coupled with proactive measures to establish clear authorship and remuneration agreements, fosters a conducive environment for collaborative creativity and sustains the integrity of Turkish remakes within the global television industry. By upholding the rights of screenwriters, the Turkish entertainment sector can continue to thrive while honoring the creative contributions of its talented professionals.
