Copyright protection in Turkey is governed by the Intellectual and Artistic Works Law No. 5846, which outlines the legal framework for safeguarding the rights of creators and owners. With specialized intellectual property courts in key cities, such as Istanbul, Ankara, and Izmir, Turkey has established a robust system for enforcing copyright laws. This article provides an in-depth exploration of the copyright regulations, infringement issues, legal procedures, and enforcement options in Turkey.
Copyright Framework and Applicable Jurisdiction
Under the Intellectual and Artistic Works Law, copyright protection extends to a wide range of creative works, including literature, music, fine art, and cinema. The law also recognizes sub-categories, offering comprehensive protection for a diverse array of creative expressions. Moreover, copyright protection is granted irrespective of the nationality of the creator, emphasizing the inclusive nature of copyright principles within Turkey. The applicable jurisdiction can be any of the following:
- The regular domicile of the copyright holder.
- The place where the infringement was committed.
- The place where the act of infringement produced consequences.
Primary and Secondary Copyright Infringement
Turkish copyright law treats primary and secondary infringement as a unified concept. Infringement may occur through unauthorized acts such as reproduction, distribution, adaptation, or violation of an author’s moral rights. These moral rights include the right to disclose the work to the public, protect the integrity of the work, and ensure proper attribution. These provisions reinforce the integrity and authorship rights of creators, establishing a secure environment for creative production.
Copyright Registration, Duration, and General Directorate of Cinema and Copyrights
Copyright protection arises automatically upon the creation of a work, There is no registration requirement to acquire copyright over a work and registration is not a pre-requisite for enforcement of copyright.
There is a compulsory registration requirement for cinematographic and musical works for commercial exploitation purposes. It is possible to register other types of works but this is optional. Registration can be helpful as it creates a presumption with respect to the date of creation.
The authority in charge of recording and registering copyright is the General Directorate of Cinema and Copyrights, which operates under the Ministry of Culture and Tourism. The rules on recording, registering and paying fees are set out in Regulation No 26171 on the Recording and Registration of Intellectual and Artistic Works.
Although registration is optional for other types of works, it can be instrumental in establishing the date of creation. The General Directorate of Cinema and Copyrights, operating under the Ministry of Culture and Tourism, oversees the recording and registration of copyrights in Turkey.
The Copyright protection term begins when the work becomes public without the necessity for notification or registration. The duration of protection subsists for the life of the author, plus 70 years following the death of the author. The 70-year period starts from 1 January of the year following the author’s death. If there is collective ownership of a work, the 70-year period begins from the date when the last surviving owner dies.
Copyright Enforcement and Judicial Proceedings
In the event of copyright infringement, various enforcement options are available to copyright holders, including civil and criminal proceedings, preliminary injunctions, and border measures. Turkish courts are empowered to issue injunctions, order the cessation of infringing activities, and award damages for economic and moral harm. Additionally, criminal liability may be imposed on individuals engaged in the unauthorized exploitation of copyrighted works.
Alternative Dispute Resolution, Intermediary Liability, and Cross-Border Injunctions
While litigation remains a primary means of resolving copyright disputes, alternative dispute resolution methods, such as arbitration and mediation, offer alternative paths for resolving conflicts. The liability of intermediaries, such as internet service providers, is contingent on the degree of their involvement in the infringing activities. Turkey does not provide for cross-border injunctions, but it can issue blocking orders to prevent access to websites containing infringing materials within its jurisdiction.
Conclusion
Turkey’s copyright laws and enforcement mechanisms underscore the nation’s commitment to protecting the intellectual property rights of creators. By offering a balanced approach to copyright enforcement, Turkey fosters an environment conducive to creative innovation while safeguarding the interests of rights holders. As copyright issues continue to evolve in the digital age, Turkey remains committed to adapting its legal framework to address emerging challenges and promote a thriving creative ecosystem.
