What Is A Digital Copyright? In Which Ways Are Such Rights
Copyrighted works which can be stored and transferred via books,
magazines, tapes and CDs are now being stored in digital platforms
and delivered to public proportionally with development of
internet. Along with this method which is also known as
digitalization of works, new concepts such as electronic publishing
are introduced as new age copyrighted works.
Use of internet by a larger population, convenience of
digitalization of works and the speed of data transfer among users
has caused the easy copyright infringement. From this aspect,
digital copyright infringement is much more complex than classical
copyright infringement methods and thus, it is harder to
Copyright infringements are mostly realized in the content of
websites. Such infringements are mainly seen in two different
structures. Firstly, a number of works which are uploaded to
websites by the right owners are infringed by way of unauthorized
access and unrequited usage. In this way of infringement, the
content is transferred without the consent of the right owner, by
way of recording the content either to the computer or to a CD,
tape or any other device. Secondly, the work is submitted to
networks without the consent of the right owner, where it can be
accessed through the internet by third parties.
To summarize, digitalized works such as music, movies and
photographs and software, e-books and e-magazines, which are
already digital, constitute the mostly infringed
intellectual property works. Infringement of works which are
available on digital platforms requires new and specialized legal
Is there an applicable legislation for protection of digital
copyrights in Turkey?
Parallel to harmonization of the Turkish legislation with the
directives of the European Union, the Law No. 5846 on Intellectual
and Artistic Works has been majorly amended with the Law numbered
4630 and dated 2001. This amendment has introduced new regulations
for transfer of works via internet. Subsequently, despite the fact
that a separate legislation has not been enacted, the Law No. 5846
on Intellectual and Artistic Works is now sufficient for protection
of intellectual property rights over the internet platform.
Which legal actions can be taken against digital copyright
infringement in accordance with the applicable legislation in
The Law No. 5846 on Intellectual and Artistic Works entitles the
right owners, whose material and moral rights are infringed via
internet, to initiate removal of infringement, prevention of
infringement and compensation lawsuits. Furthermore, it contains
criminal sanctions against the infringing parties.
While the above listed legal and criminal regulations constitute
the possible classical actions available to copyright owners
against all kinds of infringements, The Law No. 5846 on
Intellectual and Artistic Works, which is amended with the Law
numbered 5101, describes a particular action which can be taken
against digital copyright infringement.
This new action introduces the "warn and remove"
system of the American Digital Millennium Copyright Act. Besides
from the internet user infringements, this system aims to prevent
the intellectual property right infringements which are committed
by the content and service providers. Accordingly, the infringed
party is entitled to notify the content provider its request on
prevention of such infringement within 3 days. In the event where
the content provider does not fulfill this request, the right owner
is entitled to complain to the Public Prosecutor. If the Public
Prosecutor determines existence of infringement, than the Public
Prosecutor may order from the service provider to cease the service
provided to the content provider. Criminal lawsuits may be
initiated against service and data providers who do not comply with
such order of the Public Prosecutor.
When compared to the lengthy proceedings of legal and criminal
lawsuits, the above explained action aims to provide a faster
resolution mechanism which is suitable to the internet
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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