A Brief Review Of The Karalis Case

Mr. Yannis Karalis (“Plaintiff”), a Greek composer and lyrist who is the copyright owner of the “Eclipse” song, which was released in 1997, brought an infringement action against the famous Turkish singer and lyrist, Ms. Sezen Aksu, as well as against other lyrists and several music record and production companies (“Defendants”) due to their infringing use of the cited song in 2003. The Musical Work Owner's Society of Turkey (“MESAM”) was also informed and involved in the lawsuit.

The plaintiff asked the Court to order an injunction against the continuing infringing acts of defendants,  and also for material and moral damages in the amount of € 60.000 and € 900.000, respectively. The plaintiff additionally requested the payment of a specific amount, which is calculated as 3 times of the amount that could have been demanded if the right had been granted by a contract, according to Article 68 of Law on Intellectual and Artistic Works No. 5846 (“LIAW”). The defendants