Newsletter-21

348 NEWSLETTER 2016 represents all natural or legal persons who allow users to access the internet; content provider represents all natural or legal persons who generate, change and provide all kinds of information and data to users via the internet; hosting provider (web hosting provider) represents all natural and legal persons who provide or operate the systems that host the content; providers of public use represent providers of internet use in a certain place and at a certain time. For instance, the company that provides the line which we use for internet and to whom we pay for this service, is the access provider; the company that advertises its products on a web site is the content provider; forums and social media sites that are accessible to everyone, or to just its members, are host providers; and internet cafes are the providers for public use. The Notice and Takedown Procedure represents a notice to a content provider (and notice to a hosting provider in the case of not realizing a result within a reasonable time from the content provider) requesting to ban the content of publications on the Internet, by the right holders who claim violation of their rights due to content. LIPR We shared information in our previous article 2 regarding these works and their protection under the LIPR. In this article, we dwell on the means that are applied at the first stage, in the event of a violation of the referred right holders’ rights via the internet, besides the mate- rial and moral indemnity requests. In this context, if it is determined that there has been a violation in the scope of the LIPR via the internet, the content that is subject to violation can be removed from internet in accordance with Additional Art. 4 of LIPR. Thus, the right holder prevents internet users from being misled, or unfair advantage being taken by the infringer, by immediately removing unauthorized / unfair content from the internet. In this regard, the right holder should primarily request the con- tent provider to cease the violation within three days through writ- ten notice. This procedure is called the above-mentioned Notice and Takedown Procedure, in application. Even if the content provider, 2 For more information : http://www.erdem-erdem.av.tr/publications/law-post/ rights-of-owners-in-their-intellectual-and-artistic-works/.