Copyright Comparative Guide

1 Legal framework

1.1 What legislative and regulatory provisions govern copyright in your jurisdiction?

The primary legislation governing copyright in Turkey is Law 5846 on Intellectual and Artistic Works, which covers:

• works;
• authorship; and
• the rights of:
• • performing artists;
  • phonogram and film producers; and
  • broadcasting organisations.

Additional relevant laws include:

• Law 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication; and
• Law 5224 on the Evaluation, Classification and Promotion of Cinema Films (amended by Law 5728).

Various secondary regulations also exist, addressing matters such as:

• neighbouring rights;
• security labels; and
• the registration of intellectual works.

1.2 Is there common law protection for copyright in your jurisdiction?

Turkey operates within the continental European (Romano-Germanic) legal system, which is rooted in Roman law and has been adopted by several European countries, including Germany, France, Switzerland and Italy. In this system, the Turkish judiciary makes clear distinctions between:

• public and private law; and
• judicial and administrative matters.

Consequently, there is no common law protection for copyright or other IP rights in Turkey. Instead, copyright protection is primarily governed by statutory law – specifically Law 5846 on Intellectual and Artistic Works.

1.3 Do any special regimes apply to specific types of works or subject matter (eg, software; data and databases; digital works; indigenous works)?

Computer software, databases, digital works and indigenous works are generally protected under Law 5846 on Intellectual and Artistic Works, provided that they meet the required criteria. There are no specific regimes exclusively for these categories.

For databases, Article 6(11) clarifies that the protection does not cover the individual data or materials within the database. However, sui generis databases receive special protection under Annex Article 8, which was introduced in 2004 to align with Directive 96/9/EC. This grants producers of non-original databases a 15-year protection period from the date of publication.

Additionally, Articles 83 and following of Law 5846 provide protection for titles, distinctive signs, images, sounds and similar elements, even though they are not considered works. Depending on the case, this protection may also apply under:

• the Commercial Code for unfair competition; or
• the Code of Obligations for torts and damage to personal rights.

1.4 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have relevance for copyright protection?

Turkey is a signatory to several key international conventions aimed at the protection of copyright, including:

• the Berne Convention for the Protection of Literary and Artistic Works;
• the Rome Convention for the Protection of Performing Artists, Producers of Phonograms and Broadcasting Organisations;
• the Agreement on Trade-Related Aspects of Intellectual Property Rights;
• the World Intellectual Property Organization (WIPO) Agreement on Performances and Phonograms;
• the WIPO Copyright Treaty; and
• the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled.

1.5 Which bodies are responsible for implementing and enforcing the copyright regime in your jurisdiction? What is their general approach in doing so?

The primary bodies responsible for enforcing copyright in Turkey are the courts, including:

• the specialised IP courts in Ankara, Istanbul and Izmir; and
• the courts of first instance in other cities.

The regional courts of appeal and the Court of Cassation also handle copyright disputes.

Prosecutors play an active role in criminal proceedings, initiating and pursuing cases of copyright infringement where necessary. The enforcement of court rulings, including interim injunctions and final judgments, is carried out by enforcement offices.

In cases involving monetary claims, mediation is mandatory as an alternative dispute resolution method, although it is still relatively uncommon in copyright matters.

The General Directorate of Customs plays a crucial role in protecting IP rights at Customs; while the Ministry of Culture and Tourism, through the Directorate General of Copyright, oversees the overall implementation and enhancement of copyright protection. The Copyright Education Centre also offers training and research services on copyright matters.

2 Copyrightabilty

2.1 What types of works qualify for copyright protection in your jurisdiction?

The types of works under Law 5846 on Intellectual and Artistic Works are determined using the numerus clausus method. These include

• works of science and literature (Article 2);
• musical works (Article 3);
• fine art works (Article 4); and
• cinematographic works (Article 5).

While the numerus clausus principle applies to the types of works, it does not extend to specific works within each genre under these main categories.

2.2 What are the requirements for copyrightability?

The Copyright Law requires that, for an intellectual creation to be considered a work and for its creator to benefit from author protection, it must meet two conditions:

• It must be original (reflecting the author's distinctive character); and
• It must fall within one of the categories of works defined in Law 5846 on Intellectual and Artistic Works (see question 2.1).

In addition, the Court of Cassation often requires the work to take tangible form as a further condition. According to the court's precedents, an intellectual creation must be expressed externally and appeal to the senses of third parties to qualify as a ‘work'. The court emphasises that it is not the mere ideas themselves that are protected, but rather the form in which they are externally expressed. For examples, see the following decisions of the General Assembly of Civil Chambers of the Court of Cassation:

• Merit E2022/11-624, Decision K2023/849, 20 September 2023;
• Merit E2021/930, Decision K2023/639, 21 June 2023;
• Merit E2019/11-24, Decision K2022/188, 22 February 2022;
• Merit E2017/11-2758, Decision K2021/1228, 14 October 2021;
• Merit E2017/11-137, Decision K2020/806, 21 October 2020;
• Merit E2017/11-134, Decision K2020/474, 24 June 2020; and
• 11th Civil Chamber of the Court of Cassation Decision E2021/7926, K2022/8166, 22 November 2022.

2.3 What types of works are ineligible for copyright protection in your jurisdiction?

As a rule, intellectual and artistic products that do not bear the unique imprint of their creator – even if they fall within the categories of works – are excluded from copyright protection. For instance, while an unpublished work resulting from scholarly research may qualify as a compilation, ordinary transcriptions and facsimiles that lack such scholarly effort are exempt from protection.

Additionally, according to the final paragraph of Article 2 of Law 5846 on Intellectual and Artistic Works, the ideas and principles underlying any element of a computer program – including those related to its interface – are not considered works.

Similarly, databases organised through the selection and arrangement of data and materials for a specific purpose are protected as works. However, the individual data and materials within the database remain outside the scope of copyright protection.

3 Scope of protection

3.1 What legal rights are conferred by copyright in your jurisdiction?

In principle, the creation of an intellectual work inherently establishes a legal status, which consists primarily of a combination of rights and authorisations connected to the author's personal and property interests. These rights form part of a unified absolute right (copyright), which arises from the ownership of the work and comprises various authorisations that are closely interlinked and cannot be easily separated.

In Law 5846, both the economic and moral rights granted to the author are defined using the numerus clausus method, similar to the categorisation of works.

The moral rights of the author include:

• the authority to disclose the work to the public (Article14);
• the authority to designate the name (Article15/1);
• the right to prohibit modification of the work (Articles 16 and 17/2); and
• the right to access and exhibit the original work (Articles 17/1 and 17/3).

The economic rights of the author consist of:

• the right of adaptation (Article 21);
• the right of reproduction (Article 22);
• the right of distribution (Article 23);
• the right of performance (Article 24); and
• the right to communicate the work to public by devices enabling the transmission of signs, sounds and/or images (Article 25).

Additionally, although regulated separately from economic and moral rights, Law 5846 grants the author:

• the right to request a share of the sale proceeds from works of fine art (Article 45);
• the right of rescission (Article 58); and
• the right of renunciation (Article 60).

3.2 Are there special rules that limit the scope of protection for works that are useful/utilitarian/functional in your jurisdiction?

Under Turkish copyright law, works are protected for a specified period, after which they enter the public domain, allowing unrestricted use by anyone. In this regard, individuals and entities authorised to exercise rights over a work, particularly the authors, have the authority to use the work or prevent unauthorised use throughout the protection period.

However, despite this general rule, Annex Article 11, added to Law 5846 on Intellectual and Artistic Works, introduces an exception by restricting the reproduction and lending rights of works of science and literature in favour of disabled individuals and organisations such as educational institutions, foundations or associations that provide services for people with disabilities. For this provision to apply, the following criteria must be met:

• There must be a publicly available written work in the field of science or literature, including a textbook;
• The work in question must not have an accessible version produced for individuals with disabilities; and
• Reproduction and lending rights must be exercised without any commercial intent.

3.3 Are neighbouring rights protected in your jurisdiction? If so, please outline the applicable regime.

Yes, neighbouring rights are protected under Articles 80 and following of Law 5846 on Intellectual and Artistic Works. These rights were introduced by an amendment in 1995 and further revised in 2001, 2004, and 2008. They protect the intellectual labour of those who disseminate or perform works.

Neighbouring rights holders include:

• performing artists;
• phonogram producers;
• radio/television organisations; and
• film producers.

Only performing artists are granted moral rights, which include:

• the right to be acknowledged as performers; and
• the right to prevent alterations to their performances.

Additionally, performing artists have economic rights related to the fixation, reproduction, distribution and public transmission of their performances.

Phonogram and film producers, as well as broadcasting organisations, are granted economic rights, which cover the reproduction, broadcasting, rental and public transmission of their works. Broadcasting organisations have:

• additional rights, including simultaneous, delayed and retransmission; and
• the authority to allow the decoding of encrypted broadcasts.

3.4 Are moral rights protected in your jurisdiction? If so, please outline the applicable regime.

Yes, Law 5846 on Intellectual and Artistic Works also protects moral rights –please see questions 3.1 and 4.1.

3.5 Are any blanket exceptions to copyright infringement (eg, fair use/dealing) or specific exceptions to copyright infringement (eg, backup copies, interoperability, right of repair) available in your jurisdiction? If so, under what conditions do they apply?

Yes, Turkish copyright law imposes certain limitations on copyright protection, primarily for reasons of:

• public order;
• personal/general interests; and
• government powers.

For example, protected works may be used in legal proceedings without constituting infringement. Additionally, in the interest of the public's right to information, published legal texts, court decisions, press content and certain news usage may fall outside the scope of copyright protection. Other exceptions include works used for educational purposes without commercial intent and reproductions for personal use, provided that they are not made for profit or public dissemination.

Article 47 of Law 5846 also introduces an exception for works created by Turkish citizens, allowing them to be made public through a presidential decree. However, this provision is rarely invoked and must be assessed on a case-by-case basis, with compensation provided to the rightful beneficiaries.

Additionally, as mentioned in question 3.2, copyright protection can be restricted to benefit disabled individuals and organisations that support them.

3.6 How are derivative works protected in your jurisdiction? Who is the owner of a derivative work?

According to Law 5846, a ‘derivative work' is defined as an intellectual and artistic creation that utilises another work but is not independent of it, embodying the characteristics of the original author. This law stipulates that if the newly created work bears the stamp of its creator, it is eligible for protection under the same provisions as other types of works. This protection grants the creator specific economic and moral rights throughout the duration of the protection period. Ultimately, the person who creates the derivative work is recognised as its owner, ensuring that his or her contribution is acknowledged and his or her interests are safeguarded.

3.7 Can copyrightable works also be protected by other IP rights (eg, trademarks and designs) in your jurisdiction?

In Turkey, copyrightable works can indeed benefit from cumulative protection under multiple IP rights. If a work satisfies the criteria for protection under Law 5846 on Intellectual and Artistic Works, it may also qualify for protection as a trademark or design under the Industrial Property Law 6769.

Specifically, Article 58(3) of the Industrial Property Law states that an intellectual product can receive this dual protection if it meets both sets of requirements. This allows creators to secure their works under various legal frameworks.

4 Duration, publication and renewal

4.1 When does copyright protection in a work begin and end in your jurisdiction? Are there any proactive maintenance or other requirements to benefit from a full term of protection?

Copyright protection in Turkey begins with the creation of the work and continues throughout the author's lifetime, extending for 70 years thereafter. This protection term applies to the economic rights attached to the work. If there are multiple authors, the 70-year period starts from the death of the last surviving author. For works created by legal entities, the protection period is 70 years from the date on which the work is made public, as per the last paragraph of Article 27 of Law 5846.

As mentioned in question 1.3, the producers of non-original databases are granted a 15-year protection period from the date of publication. Additionally, the protection term for the elements mentioned in Articles 83 and following of Law 5846 is 10 years, starting from the death of the person concerned.

No proactive maintenance or other formalities are required to benefit from the full term of protection, as copyright protection is automatic upon creation and publication of the work.

The law states that economic rights are limited to this defined period, but there is no time limitation for moral rights. Since moral rights govern the relationship between the author and the work, they are inherently personal and, as a general rule, cannot be transferred to another person. Therefore, these rights typically cease upon the author's death. However, Article 19 of Law 5846 provides that certain moral rights, will be inherited by:

• the executor of the will;
• a surviving spouse; and
• children and legal heirs.

These individuals may exercise moral rights for the same duration as economic rights. Additionally, the person who acquires the work is obliged not to destroy the original work. In this sense, the stated moral right is considered to be exercisable independently of the duration of economic rights.

4.2 What is required for a work to be published in your jurisdiction?

In Turkey, ‘publication' refers to making a work accessible to the public. According to Article 7 of Law 5846, a work is considered published when copies reproduced from the original are made available to the public with the consent of the rights holder. This can be accomplished through sale, distribution or other methods of making the work available in the market.

4.3 Can copyright protection be renewed or extended in your jurisdiction? If so, how?

According to Turkish copyright law, the duration of economic rights is fixed and cannot be renewed or extended. Article 26 of Law 5846 explicitly states that economic rights granted to the author are time limited. Once the protection period expires, these rights enter the public domain, allowing anyone to freely use the work without infringing the author's economic rights.

5 Ownership

5.1 Who can qualify as the owner of a copyrighted work in your jurisdiction? Are there any provisions that deem an owner to be a person other than the author?

According to Law 5846 on Intellectual and Artistic Works, the author is the person whose intellectual effort and creativity have resulted in the creation of the work.

The owner of a derivative work or compilation is typically the author of the derivative or compilation, provided that the rights of the original author are respected and preserved.

The law recognises multiple individuals as joint owners. In cinematographic works, the following are all considered co-authors:

• the director;
• the composer of the original music;
• the scriptwriter; and
• the dialogue writer.

In cinematographic works produced using animation techniques, the animator is also included as one of the co-owners of the work.

For works created through the collaboration of more than one person, where the work forms an inseparable whole, the rights to the work are exercised by the natural or legal person who brought the authors together, unless otherwise stated in a contract or applicable law.

5.2 Is corporate, joint or collective ownership of copyrighted works recognised in your jurisdiction? If so, in what circumstances?

Yes, these ownership methods are recognised in Turkey, with specific circumstances detailed as follows:

• Divisible works: If a work created by more than one person can be divided into parts, each person is deemed the owner of the part that he or she created. Each party can request the participation of the others in modifying or publishing the work. If one party unreasonably refuses, the court may grant permission. This also applies to economic rights.
• Indivisible works: If the work created by multiple people forms an inseparable whole, the owners are all the contributors as a collective. The provisions of an ordinary partnership apply. If one author refuses joint action without a justifiable reason, the court can grant authorisation. Each author may act alone if collective interests are at risk.
• Collaborative works: Please refer see question 5.1.
• Presumptions of ownership:
• • A person who uses his or her name or a recognised pseudonym as the author of a published work or a work of fine art is deemed to be the author until proven otherwise.
  • In public conferences or performances, the person introduced as the author in the usual manner is presumed to be the author unless proven otherwise.
  • If the author of a published work is unknown, the publisher (or reproducer, if the publisher is unknown) may exercise the rights of the author. In the event of public conferences or performers, if neither is known, these rights belong to the lecturer or performer of the work.

5.3 Can ownership of a copyrighted work be transferred in your jurisdiction? If so, how? Are any copyrights, moral rights, neighbouring or related rights inalienable? If so, how can such rights be dealt with (eg, exclusive licence, waivers)?

As mentioned in question 3.1, copyright ownership in Turkey comprises economic and moral rights. While the ownership of the work itself remains with the author, economic rights are transferable. An author may choose to transfer these rights or grant others permission to use them through exclusive or non-exclusive licences.

Moral rights, which emphasise the personal connection between the author and the work, are inalienable and non-transferable. Even if an author transfers economic rights or grants usage rights, he or she still retains his or her moral rights, ensuring continued recognition as the author. However, under Article 19 of Law 5846, if the author passes away, these moral rights are inherited by the executor of the will, the surviving spouse and children, and the legal heirs, who can exercise them for the same duration as the economic rights.

5.4 Where a work is created by an employee, what are the rules regarding ownership? What measures can an employer take to secure its rights to intellectual property created under an employment relationship?

According to Article 18, paragraph 2 of Law 5846 on Intellectual and Artistic Works:

However, this provision can sometimes lead to disputes, especially where there is ambiguity regarding the ownership of works created during employment. To avoid such disputes, employers should:

• draft comprehensive employment contracts that explicitly state the transfer of IP rights for works created in the course of employment;
• define the nature and scope of the transfer, specifying any limitations or conditions related to the economic rights transferred;
• include non-disclosure and non-compete clauses to protect against unauthorised use or disclosure of proprietary information; and
• regularly review contracts to ensure they are aligned with current legal standards and industry practices.

5.5 Where a work is created by a contractor, what are the rules regarding ownership? What measures can a hiring party take to secure its rights to intellectual property created under a contracting relationship?

Where a work is created by a contractor, the same rule stipulated in question 5.4 applies. According to Article 18, paragraph 2 of Law 5846 on Intellectual and Artistic Works, unless otherwise agreed in a specific contract or derived from the nature of the work, the economic rights to the work created in the course of the contractor's service are typically exercised by the party that hired him or her.

However, disputes often arise when there is a lack of clear written agreements, especially in cases such as interior design projects. For example, brand owners may hire architects or interior designers to create designs that reflect their brand identity for multiple branches. In such cases, contractors may argue that the rights they granted are non-exclusive, leading to conflicts if they subsequently negotiate with third parties using the same designs.

To mitigate these risks, it is essential for hiring parties to:

• formalise contracts that clearly define the transfer of economic rights and any limitations or conditions;
• specify the nature and scope of the rights transferred, including exclusivity terms if applicable; and
• ensure that these contracts are in writing to prevent potential disputes and provide clarity regarding the relationship between the hiring party and the contractor.

6 Registration

6.1 Is there a copyright registration system in your jurisdiction? If so, is registration mandatory?

Under Law 5846 on Intellectual and Artistic Works, copyright protection is granted the moment an idea is expressed in a tangible form, meaning that it is protected as soon as it leaves the mental world of its creator and is physically realised.

Turkey does have a copyright registration system; however, it is generally optional and not mandatory for most works. Registration serves as evidence of the work's existence and the identity of its creator, but does not establish copyright itself. There are specific exceptions where registration is compulsory. According to Article 13 of Law 5846, film producers who create the first fixation of cinematographic works and phonogram producers who record sounds for the first time must register their productions. Additionally, computer games are subject to mandatory registration. These specific cases stand as exceptions to the general principle that registration is not compulsory for copyright protection.

6.2 What are the advantages of registration?

Copyright registration does not establish the existence of rights, but it serves several practical purposes. Registration helps to prevent potential infringement by providing documented evidence of ownership, making it easier to prove the ownership of rights in legal disputes. It also facilitates the monitoring and authorisation of financial rights. Another advantage of registration is that it contributes to a database of works and authors in Turkey, offering a reference for both creators and users.

6.3 What legal presumptions, rights and entitlements are conferred by copyright registration?

Please see question 6.2.

6.4 What are the formal, procedural and substantive requirements for registration?

On-demand registration is handled by the General Directorate of Copyright in Ankara, while compulsory registration is conducted by the Istanbul Directorate of Copyright and Cinema, both under the Ministry of Culture and Tourism.

The formal requirements include:

• a completed application form (with annexes for musical works from the relevant collecting society);
• identification (eg, a Turkish ID number);
• tax information; and
• any documentation regarding the transfer of financial rights or licences.

Procedurally, documents must be submitted either in person or via authorised channels, accompanied by proof of payment for applicable fees. Substantive requirements include submitting:

• a digital copy of the work (eg, DVD, VCD); and
• for cinematographic works:
• • evaluation and classification documents;
  • scenario/dialogue texts;
  • posters; and
  • original music if applicable.

Musical works require music scores, lyrics and promotional materials for identification. Imported works must include customs declarations and invoices.

6.5 What fees does the governing body charge for registration? Do these vary depending on the type of work?

The registration fees charged by the governing body for movie, music and computer games in Turkey vary based on the type of work. From July 2024 to December 2024, the fees range from TRY 908 to TRY 4539. This tiered structure reflects the different complexities and values associated with each type of work. It is essential for applicants to consult the General Directorate of Copyright or the Istanbul Directorate of Copyright and Cinema to determine the exact fee applicable to their specific work.

6.6 Can copyright registration be refused? If so, on what grounds and what is the impact of refusal?

Yes, copyright registration can be refused in Turkey. Applications may be rejected due to formal deficiencies, such as incomplete documentation or failure to meet submission requirements. If these deficiencies are not corrected, the registration process will not proceed. Additionally, a work may be rejected if it does not fall within the categories eligible for copyright protection as defined by law. The impact of refusal is more significant for compulsory registration cases, while optional registration primarily aids in determining authorship and is not a procedural necessity for protection.

6.7 If copyright registration is refused, can the applicant appeal? If so, how?

If copyright registration is refused, the applicant can appeal the decision. The refusal is considered an administrative decision. If the applicant believes this to be unlawful, it can file a lawsuit for annulment of the refusal before the competent administrative courts. This legal recourse allows the applicant to challenge the refusal and seek reconsideration of its registration application.

6.8 Can the reviewing body's decision be appealed? If so, how?

The reviewing body's decision, under Article 45 of the Administrative Procedure Law 2577, is generally final in cases concerning the annulment of administrative decisions, meaning that no further appeal can be lodged.

7 Enforcement and remedies

7.1 What constitutes copyright infringement in your jurisdiction?

Copyright infringement in Turkey arises when third parties engage in the unauthorised use of:

• economic or moral rights; or
• the rights of neighbouring rights holders.

This can include various forms of unauthorised use, such as:

• reproduction, distribution, public display or modification of a work without the necessary permission from the rights holder; or
• use without proper attribution of the author.

These examples illustrate typical cases of infringement, but infringement can occur in other contexts depending on the unauthorised actions involved.

7.2 Is secondary liability for copyright infringement recognised in your jurisdiction? If so, how is it incurred? Are safe harbours afforded to intermediaries or others? If so, what are the requirements for such safe harbours to apply?

In Turkey, secondary liability for copyright infringement is recognised under Law 5846 on Intellectual and Artistic Works. Specifically, Article 66 establishes that if an infringement is committed by agents or employees in the course of their duties, legal action can be taken against the owner of the enterprise. Notably, the law clarifies that fault on the part of the infringer is not a prerequisite for liability, allowing for actions against secondary infringers.

Furthermore, Additional Article 4 outlines a warning-removal system for service providers and content providers. This provision mandates that if a copyright violation occurs through the transmission of digital content, the affected rights holders can request the removal of the infringing material. Initially, rights holders must contact the content provider to cease the violation within three days. If the infringement persists, they may escalate the matter to the public prosecutor, who can suspend the service provided to the violating content provider.

To benefit from safe harbours, hosting service and content providers must act promptly to remove unlawful content upon notification. Failure to comply with this notice-and-takedown process can result in legal liability for both types of providers. Additionally, Law 5651 – known as the Internet Law – includes regulations addressing unlawful content and violations of personal rights, further emphasising the importance of compliance in the digital landscape.

7.3 Is criminal enforcement of copyright law possible in your jurisdiction?

In Turkey, criminal enforcement of copyright law is possible. The infringement of economic and moral rights is classified as an offence under the relevant legislation. Specifically, Articles 71 and 72 of Law 5846 on Intellectual and Artistic Works outline the criminal actions associated with copyright infringement.

Article 71 details various offences related to the infringement of moral, economic or related rights concerning intellectual and artistic works. For instance, individuals who adapt, perform, reproduce or distribute works without the written permission of the rights holders can face imprisonment ranging from one to five years or a judicial fine. Other offences include:

• falsely attributing a work to oneself, which carries a penalty of six months to two years of imprisonment; and
• citing a work without proper attribution, also punishable by six months to two years of imprisonment.

Article 72 addresses the production and distribution of programs or equipment designed to circumvent protective measures against illegal reproduction of computer programs. Offenders can face imprisonment from six months to two years.

Criminal proceedings can be initiated by filing a complaint with the Prosecutor's Office, allowing for legal action against those that violate copyright laws. This framework underscores the seriousness with which copyright infringements are treated in Turkey, emphasising both deterrence and accountability for offenders.

7.4 What is the statute of limitations for copyright infringement?

In Turkey, the statute of limitations for copyright infringement depends on the nature of the claim and is governed by the Code of Obligations. For civil claims, compensation must be sought within two years of the injured party becoming aware of the damage and the responsible party. However, regardless of awareness, the claim is time-barred after 10 years from the date of the infringing act. For criminal cases, copyright infringement is classified as a crime under Article 71 of Law 5846 on Intellectual and Artistic Works, carrying a statute of limitations of eight years, in accordance with Article 66/1-e of the Penal Code.

For contractual disputes, the general statute of limitations is 10 years, but certain cases specified in Article 147 of the Code of Obligations have a reduced period of five years. Notably, the statute of limitations does not run while the infringement continues. The details of each case can significantly influence how these limitations are applied.

7.5 Who has standing to bring copyright claims?

The author, his or her heirs and the persons stated in Article 19 of Law 5846 have standing to bring claims to prevent infringement of their financial and moral rights. Neighbouring rights holders can similarly take action in cases of infringement of the rights granted to them. Additionally, individuals who have acquired financial rights may file claims for infringement of those rights. Those holding exclusive licences to use financial rights are also entitled to prevent copyright infringement and bring claims related to such unauthorised acts. Furthermore, collective licensing bodies representing authors or rights holders may initiate claims on behalf of their members.

If none of the authorised persons are present, if they are present but fail to exercise their authorisation or if the protection period has expired, the Ministry of Culture and Tourism may exercise the moral rights granted to the author on its behalf, provided that the work is deemed important for the cultural heritage of the country.

7.6 What is the procedure for pursuing claims for copyright infringement, including usual timeframes for resolution? Are there any streamlined administrative procedures for handling disputes?

The foundation of copyright protection in Turkey is rooted in Law 5846 on Intellectual and Artistic Works, developed under the guidance of renowned jurist Professor Dr Ernst Eduard Hirsch, who made a major contribution to Turkish copyright law after fleeing his home country during World War II. Given this solid legal framework, the pursuit of copyright infringement claims in Turkey can be complex and time-consuming.

There is no uniform procedure for handling copyright infringement, as the approach varies depending on the practitioner's experience. The primary objective is often to stop the unlawful activity rather than simply seek compensation. Whether pursuing civil or criminal remedies, the focus should be on obtaining an interim injunction or a search and seizure order early in the process. Failure to do so could result in the infringing activity continuing during the trial, which can continue for more than five years.

Criminal proceedings are typically faster and more cost effective. A complaint can result in a search and collection order. However – especially outside major cities such as Ankara, Istanbul and Izmir – authorities often lack the expertise to handle such cases effectively, leading to rejected requests for search and seizure. In these cases, filing a declaratory action in civil court and seeking a preliminary injunction may be a more effective strategy.

As for streamlined administrative procedures, copyright protection can be enforced through applications to the General Directorate of Customs under the Ministry of Trade. This protection, which applies for a maximum of one year from the application date, aims to prevent the import of infringing goods. Additionally, the Advertisement Board, also under the Ministry of Trade, can address copyright violations in advertising.

7.7 What fees and costs are usually incurred in infringement actions?

Fees in infringement actions vary depending on the chosen legal path. Criminal proceedings may appear cost effective due to public interest involvement, but they often fail to achieve desired results, as non-prosecution or dismissal decisions are common. Civil proceedings, although more costly, tend to offer more effective remedies.

If legal representation is involved, clients incur service fees for lawyers. Beyond that, the main costs include:

• filing fees for declaratory actions and main cases;
• advance payments for expenses;
• expert fees in both declaratory and main cases; and
• collateral payments required by the court for interim injunctions (collateral can be recovered once proceedings are finalised).

Additionally, fees may arise for appeals to the regional court of appeals and the Supreme Court of Justice.

Moreover, if the prevailing party is represented by an attorney, the court awards the attorneys' fees to the lawyer regardless of any agreement between the client and the attorney.

7.8 What typical defences are available to a defendant in copyright litigation?

In copyright litigation, defendants may raise various defences, such as claiming:

• fair use or exceptions under Turkish law;
• lack of knowledge or intent;
• authorisation from the rights holder;
• independent creation of the work; or
• expiry of the copyright.

Additionally, they might argue that the infringing content was outsourced to a third party, absolving them of direct responsibility.

These are just a few examples, but defences in copyright cases can be quite broad, depending on the specific circumstances of the case.

7.9 What civil and criminal remedies are available against copyright infringement in your jurisdiction? Are customs enforcement measures available to halt the import or export of infringing works?

Under Law 5846 on Intellectual and Artistic Works, a range of civil, and criminal remedies and customs enforcement measures are available to authors whose economic and moral rights are infringed. Key actions and remedies include the following.

Civil remedies under Law 5846 on Intellectual and Artistic Works:

Compensation for damages: Article 70 grants copyright holders the right to claim compensation for violations of both moral and economic rights:

• For moral rights violations, authors may seek compensation for moral damages. If the infringement also results in material damage, compensation claims under Tort Law principles are available.
• For economic rights violations, the copyright holder may claim compensation for actual damages and loss of profit, provided that the infringer's fault, damages and causation are proven. Additionally, moral damages can be claimed if the violation has a moral impact.

Pecuniary claims without fault: Article 68 allows the copyright holder to demand up to three times the amount that would have been paid if the infringer had legally acquired rights through a contract. This remedy creates a fictitious contractual relationship to compensate the copyright holder while legalising past infringements. It does not require the copyright holder to prove fault.

Claim for profits: Under Article 70/3, the copyright owner may claim profits earned by the infringer from the infringing activity. This remedy is based on the concept of ‘agency without authority' and can be sought independently of damage compensation. The copyright holder can demand these profits even if no actual harm occurred, preventing unlawful gain.

Publication of judgment: Article 78 permits the successful party to request the publication of a final judgment (res judicata) through newspapers or other media at the infringer's expense, provided that there is a justified reason or interest. This must be done within three months of the judgment becoming final.

Criminal enforcement: Criminal enforcement is available under Articles 71 and 72 of Law 5846 on Intellectual and Artistic Works, which define copyright infringement as a criminal offence (see also question 7.3). Criminal proceedings can begin with a complaint filed to the Prosecutor's Office. Upon a complaint, the prosecutor may seize infringing property and, if deemed necessary, halt related business activities. Such a decision requires judicial approval within 24 hours or it becomes void.

Additional remedies under Law 5846 on Intellectual and Artistic Works: For further remedies, including streamlined administrative procedures, please see question 7.6.

Additionally, the IP courts, in both civil and criminal cases, have the authority to order the suspension of import or export of infringing works at Customs. This can be done:

• through a preliminary injunction;
• through an interlocutory decision during the proceedings; or
• as a final judgment.

Article 81 of Law 5846 also mandates a security label requirement for reproduced copies of musical and cinematographic works, as well as non-periodical publications. Non-compliance with this obligation triggers specific penal sanctions.

7.10 Are damages available for copyright infringement? Are statutory damages available, and if so, in what ranges? What factors will the court consider in determining the quantum of damages?

Compensation for material and moral damages is available in case of infringement of both economic and moral rights. In Turkey, there is no statutory damage provision with a predetermined amount for copyright infringements. The compensation awarded varies based on several factors, including:

• the market value of the infringed work;
• the volume of sales;
• the infringer's level of fault;
• production methods;
• production quantities;
• the infringer's commercial transaction volume and earnings; and
• the specific legal basis that the plaintiff uses for calculating compensation.

Additional relevant considerations may also influence the court's determination.

7.11 What is the procedure for appealing a decision in copyright litigation?

In copyright infringement cases, proceedings start with a petition detailing:

• the infringement;
• the relief sought; and
• other relevant facts.

The court of first instance issues a decision, accompanied by a reasoned judgment, which is then notified to the parties.

The first recourse for the party opposing the decision is to appeal to the competent regional court of appeal. In copyright disputes, there are no upper or lower monetary limits for filing an appeal. The appeal petition addresses procedural and legal errors in the first-instance decision. The regional court of appeal will review the file and either accept or reject the appeal. Depending on the outcome, the content of its decision will vary.

A party that is dissatisfied with the decision of the regional court of appeal may appeal to the Court of Cassation within the prescribed timeframe. The decision becomes final following the Court of Cassation's review and ruling.

While the availability of both appeal stages allows for comprehensive judicial review, it also significantly prolongs the litigation process. Since most decisions are not enforceable until they become final, it can take considerable time to achieve material results or benefits from the case.

7.12 Do any special enforcement regimes apply to specific types of works (eg, digital and online content) in your jurisdiction?

Additional Article 4 outlines a warning-removal system for service providers and content providers. This provision mandates that if a copyright violation occurs through the transmission of digital content, the affected rights holders can request the removal of the infringing material. Initially, the rights holders must contact the content provider to cease the violation within three days. If the infringement persists, they may escalate the matter to the public prosecutor, who can suspend the service provided to the violating content provider.

Law 5651, known as the Internet Law, and the provisions of other related laws should also be taken into consideration.

7.13 What measures can copyright owners take to help prevent infringement of their rights in your jurisdiction?

Copyright owners should first recognise their broad powers under Turkish law and take necessary measures to establish and prove copyright ownership. It is also essential to carefully review agreements with parties in Turkey to ensure that rights and obligations are clearly defined and unambiguous. While the use of copyright symbols and warnings on products can be preventive, these measures may not be highly effective as deterrents in Turkey. A more effective approach is to engage a competent professional specialising in copyright law to provide guidance and implement preventive legal strategies, helping to avoid potential rights violations.

8 Licensing

8.1 What types of copyright licences are available in your jurisdiction?

Under Law 5846 on Intellectual and Artistic Works, the economic rights to a work can be exercised by the author, who also has the option to monetise those rights. To gain financial benefit, the author may either:

• transfer those rights entirely; or
• grant authorisation to use them.

This authorisation is where licensing comes into play. According to the law, licences can be categorised into non-exclusive and exclusive licences:

• Non-exclusive licence: This allows the author to license the same rights to multiple parties simultaneously, meaning that he or she retains the right to use and license the work further. (Pursuant to Article 56 of the Law, every licence is deemed to be a non-exclusive licence, unless otherwise provided by law or contract.)
• Exclusive licence: This grants the licensee the exclusive right to use the work under the specified terms, preventing the author or others from using or licensing the work in the same manner during the term of the agreement.

8.2 What terms do licences typically include (both express and/or implied licences)?

According to Article 52 of Law 5846: "Contracts and disposals concerning economic rights shall be in writing, and the rights constituting their subject matter shall be specified individually." Therefore, regardless of whether a licence is non-exclusive or exclusive, it is advisable to formalise it through a written contract.

Such a contract should clearly:

• define the nature of the licence;
• specify the rights granted;
• detail the scope and limits of these rights, including:
• • the territories (countries) in which the licence will be valid; and
  • the duration of its validity; and
• outline:
• • the financial terms; and
  • the mutual rights and obligations of the parties during the licence period.

This ensures clarity and helps to prevent potential disputes.

8.3 Does your jurisdiction have collective management regimes for copyrights or other subject matter? If so, how does collective administration generally operate and who are the key players?

Collecting societies are unions established under Law 5846 on Intellectual and Artistic Works and the Regulation on Professional Associations in the Field of Copyrights to protect the interests of:

• owners of intellectual and artistic works;
• neighbouring rights holders; and
• those reproducing or disseminating non-periodical publications.

They ensure the administration, follow-up, collection and distribution of fees granted by law.

Collective licensing bodies operate under Articles 42 and following of Law 5846 on Intellectual and Artistic Works and the regulation, effective from 7 April 2022, as published in Official Gazette 31802. In Turkey, there are 27 collecting societies and three federations covering fields such as:

• music;
• fine arts;
• science and literature;
• cinema;
• phonogram production;
• performing arts;
• radio and TV;
• film production; and
• book publishing.

Key societies include:

• MESAM (music work owners);
• GESAM (fine artwork owners);
• İLESAM (scientific and literary work owners);
• SESAM (cinematographic work owners);
• MSG (musical work owners group); and
• MÜ-YAP (phonogram producers).

These societies play a vital role in ensuring that rights holders are compensated for the use of their works.

8.4 Are compulsory licences recognised in your jurisdiction, including with respect to digital/online intermediaries? If so, what types are available and what are their key features?

In Turkish copyright law, unlike in patent law, there are generally no provisions for compulsory licences beyond those previously mentioned. However, Article 47 of Law 5846 on Intellectual and Artistic Works may be regarded as an exception. This article stipulates that works created by Turkish citizens, whether in Turkey or abroad, can be published to reach the public, thereby becoming public property. In this context, compensation must be provided to the rightful beneficiaries.

Although the Constitutional Court annulled the first paragraph of this provision, creating ambiguity, if applied, it could be interpreted as a form of compulsory licence. The practical application of Article 47 remains complex and limited due to its ambiguous nature.

8.5 Is there a formal system for establishing collective management tariffs? If so, please describe the framework for negotiating and establishing tariffs.

Yes, there is a formal system for establishing collective management tariffs. Tariffs set by collecting societies must adhere to specific legal procedures to ensure that they are reasonable and reflective of the country's economic and social conditions. Key considerations include:

• the avoidance of practices that could damage sectors involved in the creation and use of works; and
• the prevention of anti-competitive conditions.

The framework for determining tariffs incorporates an analysis of:

• sector classifications;
• product prices; and
• the contribution of these sectors to gross domestic product.

Factors such as the frequency of use of works and the terms of payment – whether unit price or lump sum – are also taken into account.

According to Article 42/B of Law 5846 on Intellectual and Artistic Works, collecting societies operate under the administrative and financial supervision of the Ministry of Culture, which has the authority to review licence terms and tariffs. Additionally, institutions may request a reconciliation commission to mediate disputes over annual tariff settings. If an agreement cannot be reached, parties may pursue judicial remedies.

Moreover, the second paragraph of Article 54 of the Regulation on Professional Associations in the Field of Copyrights, developed considering EU Directive 2014/26, mandates that users must be offered licence agreements under objective and non-discriminatory terms. Users may challenge the licensing conditions and tariffs if they believe that these are discriminatory rather than objective.

8.6 Can or must copyright licences be officially recorded in your jurisdiction?

In Turkey, copyright licences need not be officially recorded. Article 52 of Law 5846 on Intellectual and Artistic Works specifies that written contracts are sufficient, provided that they clearly outline the rights involved. There is no requirement for registration elsewhere.

However, it is common practice for parties to have these agreements notarised by a notary public. This step:

• enhances the effectiveness of the licence agreements;
• provides ease of proof in potential disputes; and
• creates an official document.

Additionally, as noted in question 6.4 regarding copyright registration, any existing licence agreements must be submitted during the compulsory registration process for certain works. This requirement ensures that licensing terms are documented in the context of copyright protection.

8.7 Are there any specific requirements for the validity of a copyright licence in your jurisdiction? Are there any special provisions governing sub-licensing?

With regard to the formal requirements in contracts, please see questions 8.2 and 8.6.

With regard to sub-licensing, Article 49 of Law 5846 on Intellectual and Artistic Works specifies that a person that has acquired an economic right or a licence from the author or his or her heirs may transfer such rights or licences to another party only with the written consent of the author or his or her heirs. This provision ensures that the original rights holder maintains control over the transfer of rights, thereby protecting his or her interests in the work.

9 Protection of foreign copyright

9.1 Are foreign copyrighted works protected in your jurisdiction? If so, how and under what conditions (eg, rule of the shorter term)?

Yes, foreign copyrighted works are protected in Turkey. Additional Article 2 of Law 5846 on Intellectual and Artistic Work specifies that protection applies to foreign works, fixed performances and phonograms produced in countries that are party to international conventions and agreements to which Turkey is also a signatory. To qualify for protection, these works must not have fallen into the public domain, meaning that their term of protection must not have expired at the time the amendment to this article came into force. This ensures that foreign works are afforded the same protections as domestic works, provided that they meet these criteria.

9.2 What key concerns and considerations should be borne in mind by foreign copyright holders in seeking to protect their works in your jurisdiction?

Foreign copyright holders should consider several key factors to effectively protect their works in Turkey:

• Proving ownership: Establishing clear evidence of rights ownership before seeking protection is crucial. This documentation can expedite claims and streamline judicial processes.
• Drafting agreements: Carefully crafted agreements that clearly outline copyright terms and relationships are essential. This clarity:
• • facilitates legal processes; and
  • ensures that all parties understand their rights and obligations.
• Monitoring representation: It is vital to ensure that any representative acting on behalf of the foreign copyright holder in Turkey is diligent and compliant with legal requirements. This oversight helps to prevent potential rights losses.
• Royalty management: If a licence agreement stipulates royalties, regular monitoring and requests for sales reports are necessary. Independent audits of Turkish entities can help to safeguard interests and mitigate losses for the original rights holders.
• Proactive response to infringements: Foreign copyright holders should not adopt a passive stance toward copyright infringements in Turkey. A proactive approach – monitoring infringements and pursuing legal action – can effectively protect rights holders and deter potential infringers.
• Understanding infringer trends: Infringers often target parties that appear passive. By staying engaged and responsive, copyright holders can significantly reduce the risk of infringement.

10 Trends and predictions

10.1 How would you describe the current copyright landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Rapid changes in consumer habits, especially the rise of e-commerce due to the COVID-19 pandemic, along with the significant impact of the internet and social media, have increased the need for copyright protection in Turkey. Additionally, fast-paced developments in artificial intelligence (AI) technology, which is now integrated into many of our daily technological devices, highlight the need to continually reassess copyright relationships.

Turkey has historically incorporated innovations and amendments from the EU acquis into its laws, particularly in the field of industrial property. The Industrial Property Law 6769, which took effect in 2017, is a notable example. With regard to copyright, recent developments such as EU Directive 2019/790 on copyright in the Digital Single Market and the EU AI Act have increased the need for Turkey to revise and align its copyright laws accordingly.

Public institutions, universities and civil initiatives are holding conferences and discussions to explore potential changes. However, harmonising Turkey's copyright laws with those of the European Union, the United States, the United Kingdom and other developed countries will require extensive consultation with all stakeholders. It is unlikely that such a comprehensive reform will occur within the next 12 months.

10.2 Have there been any recent legislative amendments or decisions involving copyright and generative AI, data or databases? If so, please summarise the current state of the law.

There is ongoing debate in Turkish scholarly literature regarding the protection of artificial intelligence (AI) generated works and the legal personality of AI. Questions include:

• whether AI-generated products can be protected as works;
• whether AI should have legal or electronic personality; and
• whether rights over AI-created works should belong to the AI's owner or programmer.

These discussions have yet to reach consensus and the Turkish courts have not yet issued decisions addressing these matters.

Under the current Copyright Law, originality is a key requirement for protection. ‘Originality' is defined as "the unique expression style or signature of the author, shaped by their own knowledge, experience, and creative activity, which is reflected in the intellectual product and is not easily conceived by others."

Given this emphasis on human originality, the current legal framework does not recognise AI-generated works as eligible for copyright protection. The absence of human creativity and input in the creation process suggests that AI products cannot be protected under existing provisions.

10.3 Have there been any recent developments involving intermediary safe harbour and liability in your jurisdiction?

Apart from the information provided in questions XX, there have been no recent developments in Turkey regarding intermediary safe harbour and liability.

11 Tips and traps

11.1 What are your top tips for protecting copyrighted works in your jurisdiction and what potential sticking points would you highlight?

To effectively protect copyrighted works in Turkey, the following key strategies should be considered:

• Proving ownership: Ensure that you have clear and comprehensive evidence of ownership for your copyrighted works. This documentation is essential when filing claims or defending your rights in court, as it can expedite the process and strengthen your case.
• Drafting clear agreements: Properly drafted agreements that detail the terms and conditions of copyright usage are critical. These agreements should clearly specify the rights, obligations and financial aspects of all parties involved. Ambiguities can lead to misunderstandings and potential disputes.
• Proactive monitoring: Vigilance in monitoring the use of your copyrighted works is vital. Staying active in observing potential infringements helps to prevent unauthorised use and minimises the risk of loss. Timely action against infringers demonstrates seriousness and deters further violations.
• Royalty and compliance management: If your work is licensed, regular checks on royalty payments and compliance with contract terms are necessary. Implementing periodic audits and requesting sales reports from local entities can safeguard your interests and ensure fair compensation.
• Understanding the legal framework: Familiarise yourself with Turkey's copyright laws and the enforcement mechanisms available, including preliminary injunctions and administrative procedures. Knowing the available remedies and how to use them effectively can be a decisive factor in successfully protecting your rights.
• Navigating common pitfalls: A key sticking point is the perception that inaction may imply a passive stance, which can embolden potential infringers. Additionally, foreign copyright holders must be aware of:
• • the complexities involved in enforcing rights through local legal representatives; and
  • the potential challenges in ensuring compliance with Turkish legal requirements.

By adopting these measures and remaining proactive, copyright holders can navigate the Turkish legal landscape more effectively and mitigate the risks associated with infringement.

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.