New development in Çaykur's controversial commercial: Case sent back to local court
12punto has obtained the appellate court's decision regarding the lawsuit filed against Çaykur for the unauthorized use of footage of Zeki Alasya, one of the unforgettable names of Yeşilçam. The appellate court overturned the initial ruling and sent the case back to the local court on the grounds that the company's objection to the 50,000 TL compensation awarded by the first court was not considered and that a request for an additional expert report was not accepted. Plaintiff's attorney Uğur Güven recalled the precedent-setting Kemal Sunal case, stating, 'A precedent-setting decision was issued for Kemal Sunal, but the infringement of rights continues.'
Beste Çelik
Jülide Alasya and Zeynep Alasya had filed a lawsuit on the grounds that Zeki Alasya's footage was used without permission in a commercial film broadcast in 2016. The court had decided to dismiss the case on the grounds that Jülide and Zeynep Alasya could not prove that their moral rights had been harmed.
Finally, an investigation was initiated upon an appeal against the first-instance court's decision. In the file obtained by 12punto, the appellate court referred the case back to the local court on the grounds that the company's objection to the 50,000 TL compensation decided by the expert report in the first court was not taken into account and the request to submit an additional report was not accepted.
A re-evaluation will be made and a decision will be rendered regarding the case, which has been sent back from the appellate court to the local court. In accordance with the decision, if the relevant parties are not satisfied with the ruling, the litigation process will continue through further appeal or cassation.
“PRODUCERS GAINED UNJUST PROFITS”
Plaintiff's attorney Uğur Güven explained the process of the ongoing legal struggle as follows:
“The fees that great masters such as Kemal Sunal, Zeki Alasya, and Halit Akçatepe received at the time their films were made were only related to screenings in cinemas. They did not sign any written contracts, nor did they transfer their rights. After they performed in those films, technology changed. With the development of changing technology, screenings began on digital platforms, YouTube, CDs, and private television channels. For this reason, producers gained unjust profits. They did not give the rights that should have been earned by the actors who gave life to those films with their performances at that time to the profits they obtained. We are continuing the legal struggle for this.”
“INFRINGEMENT OF RIGHTS CONTINUES”
Recalling the precedent-setting decision in the lawsuit filed by the Sunal family regarding the broadcast of films starring Kemal Sunal outside of cinema screenings, Attorney Güven said, “The decision given in Kemal Sunal's file is the precedent-setting decision in Turkish legal history for actors who hold the title of 'performing artists' in Turkish cinema. The copyright lawsuit filed by his family for Kemal Sunal's films was concluded with the decision of the Court of Cassation General Assembly of Civil Chambers. The lawsuit filed by the Sunal family regarding the broadcast of the films in which the artist starred outside of cinema screenings was found justified, and it was decided that copyright royalties should be paid to the family,” and added, “With this decision, the infringement of rights is not at a standstill. The infringement of rights continues today; the films are being broadcast. We have filed new lawsuits arising from these infringements, and we will continue to do so; we have not yet reached an agreement. Since an agreement cannot be reached, the legal struggle will always continue,” emphasizing that they will continue the legal struggle in similar cases.