The Big Picture from Turkey: Copyright and Digitization Issues

Abstract

This study evaluates the current state of accessing and digitization of manuscripts and rare works through examples of institutional practice by examining legal arrangements in Turkey. This study is performed by document analysis of qualitative research methods and those examined catalog records and digital documents were obtained from the digital platforms of Manuscripts and Rare Books Presidency, Turkish Language Association, Presidency of Religious Affairs, Marmara University Library, National Library and General Directorate of State Archives. As a result of the study, it was determined that there is no specific legal regulation on accessing and digitization of manuscripts and rare works, and that the copyright of such works is protected by the Intellectual and Artistic Works Act which is also in force for all other works. Benefitting of manuscripts within the institutions and organizations is made in accordance with the Regulations for Benefitting from Ministry of Culture Manuscript Libraries Working, Manuscript and Old Alphabet Printed Works. The regulations considered and their restrictive approaches prevent these works, which can be accepted as cultural heritage, to be accessed and known widely. While those works are belong to Turkey in the meantime they belong to all humanity, and any undergoing problems may be solved by making these works accessible to anyone, restricting writer / creator rights for the public weal and presenting aforementioned works in digital forms on open access in institutional applications. In this context re-assessing concerning regulation, storing digitized manuscripts and rare works in institutional archives and putting them on an open access may provide solutions.