Copyright (telif hakkı / fikir ve sanat eseri hakkı) is one of the few intellectual property rights that does not require registration. The moment an original work is created and given concrete form, the author holds copyright. What many creators and businesses do not realise is that this protection extends to a wide range of works — and that using protected content without authorisation can result in both civil liability and criminal prosecution.
What Is Protected?
Turkey’s Law on Intellectual and Artistic Works (FSEK, Law No. 5846) protects original works in four main categories:
- Literary works: novels, articles, academic texts, speeches, computer programs, databases
- Musical works: compositions, with or without lyrics; sound recordings are a related right
- Fine arts and applied arts: paintings, sculpture, architecture, graphic design, photography
- Cinematographic works: films, documentaries, and other audio-visual productions
Derivative works — translations, adaptations, compilations — are also protected as independent works, provided they are themselves original, without prejudice to the rights in the underlying work.
Two Types of Rights
Moral Rights (Manevi Haklar)
Moral rights protect the non-economic relationship between the author and their work. They are non-transferable and survive the author’s death (passing to heirs for certain purposes):
- The right to decide whether to publish the work
- The right to have the work attributed correctly
- The right to object to modifications that distort or damage the work
- The right to prevent the work from being presented in a misleading context
Economic Rights (Mali Haklar)
Economic rights are the commercially valuable rights and can be transferred or licensed:
- Reproduction: making copies in any form
- Distribution: selling or otherwise circulating copies
- Communication to the public: broadcasting, streaming, making available online
- Adaptation: translating, adapting, or creating derivative works
Each economic right is independent. A licence to reproduce does not include the right to distribute; a broadcasting licence does not cover internet streaming. Permissions must match the intended use.
What Constitutes Infringement?
Infringement occurs whenever a protected right is exercised without the rights holder’s authorisation and no statutory exception applies. Common examples:
- Publishing a photograph, article, or song on a website without the author’s consent
- Using copyrighted music in a commercial video without a licence
- Reprinting a book or article without permission
- Adapting software code without authorisation
- Commercial use of works under the false assumption that “freely available online” means freely usable
The internet is not a public domain. Content that is accessible online without a paywall or login does not become free to use. Access and licence are different things.
Remedies for Rights Holders
Civil Remedies
- Interim injunction: the court can order an immediate stop to the infringing activity before the main case is concluded — important where the infringement is ongoing
- Damages: the rights holder can claim actual damages suffered, or — as an alternative — the licence fee that would have been charged for authorised use
- Declaratory relief: a court declaration of ownership or infringement
- Seizure and destruction: infringing copies and the means of their production can be seized
Criminal Complaints
FSEK includes criminal provisions. Wilful infringement of economic rights can be prosecuted as a criminal offence, with potential prison sentences. Criminal complaints are filed with the public prosecutor and can run alongside civil proceedings.
Preserving Evidence
Before any legal step, securing evidence of the infringement is critical. Tools include: timestamped screenshots, notarial evidence preservation (internet tespit tutanağı), archive captures, and expert reports. Evidence gathered informally may lose admissibility if not properly documented.
Frequently Asked Questions
Do I need to register my work to have copyright? No. Copyright arises automatically at the moment of creation. There is no registration requirement in Turkey. However, proving that you are the original author — and establishing the date of creation — can become important in disputes. Maintaining dated drafts, correspondence, and publication records is good practice.
I found a photo online with no name attached. Can I use it? The absence of a named author does not mean the work is unprotected or freely usable. Works remain under copyright even if the author is unknown or has chosen not to identify themselves. Before using any content found online, you should verify its licence status — for example, whether it is published under a Creative Commons licence that permits the intended use.
Can the author of a photograph claim copyright even if they were commissioned to take it? Generally yes, unless the commission agreement expressly transferred the economic rights to the commissioning party. Copyright in a commissioned photograph or other work belongs to the creator unless transferred in writing. Many businesses are surprised to discover that images produced by freelancers under contract remain with the freelancer.
What is the copyright term in Turkey? Economic rights last for the life of the author plus seventy years. After that, the work enters the public domain and can be used freely. Moral rights survive indefinitely for purposes such as attribution and integrity.