Copyright in Turkey is regulated by the Intellectual and Artistic Works Law No. 5846. This law ensures creators’ rights are protected and enforced. With dedicated intellectual property courts in major cities like Istanbul, Ankara, and Izmir, Turkey has a strong system to handle copyright issues. Let’s explore how copyrights are protected, infringements are addressed, and rights are enforced in Turkey.
What Copyright Protects
The law covers a wide range of works, including literature, music, art, and cinema. It applies regardless of the creator’s nationality, ensuring protection for everyone. Jurisdiction for copyright cases depends on where the creator resides, where the infringement happened, or where it had an impact.
What Counts as Infringement?
Unauthorized reproduction, distribution, adaptation, or violating moral rights are all considered infringements. Moral rights protect a creator’s work from alteration, ensure proper credit, and allow control over how it’s shared with the public.
Is Copyright Registration Needed?
Copyright protection starts automatically when a work is created, so registration isn’t required. However, registering cinematographic and musical works for commercial purposes is mandatory. For other works, registration is optional but helpful to prove the creation date. The General Directorate of Cinema and Copyrights manages registrations under the Ministry of Culture and Tourism.
How Long Does Copyright Last?
Protection lasts for the creator’s lifetime plus 70 years after their death. For works with multiple owners, the 70 years begin after the last owner’s death.
Enforcing Copyright
If infringement occurs, creators can take civil or criminal action. Courts can issue injunctions to stop illegal use, order damages, and even impose criminal penalties. Border measures can also help block infringing goods.
Alternative Dispute Resolution
Apart from court actions, disputes can be resolved through mediation or arbitration. Internet service providers may also be held liable if they’re involved in infringement. While Turkey doesn’t issue cross-border injunctions, it can block access to infringing websites within its jurisdiction.
Turkey’s copyright laws balance protecting creators and fostering innovation. As the digital world evolves, Turkey continues to adapt its laws to meet new challenges, ensuring a safe and supportive environment for creators and their work.
