In today’s information age, creativity and innovation are of great value. Works of literature, art, science, music, software, design, etc. are entitled to a special protection called “copyright”. Copyright grants the creator (author) of a work exclusive rights over that work for a certain period of time. However, infringement of these rights, i.e. the use, reproduction, dissemination or modification of a work without the authorisation of the owner, carries serious legal consequences. The protection of intellectual property rights is essential both to encourage creators and to ensure fair competition.
Legal Framework: Intellectual Property and Copyright
In Turkey, copyrights are regulated by the Law No. 5846 on Intellectual and Artistic Works (FSEK). FSEK defines a work and specifies in detail the financial and moral rights granted to the authors.
- Work: All kinds of intellectual and artistic products that bear the characteristics of their owner and are considered as works of science and literature, music, fine arts or cinema.
- Author (Author): The person who created the work.
- Moral Rights: These are the rights that express the personal bond between the author and his/her work, such as the right to make the work available to the public (publication), to specify his/her name, and to prohibit changes to the work. These rights cannot be transferred.
- Financial Rights: These are the rights to economically benefit from the work, such as reproduction, dissemination, representation, transmission of the work to the public by means of sign, sound and/or image transmission. These rights may be transferred or licensed.
Law on Intellectual and Artistic Works – Article 18: Rights of the Author
The right to benefit from a work belongs exclusively to the author.
What to do in case of copyright infringement
In the event of a copyright infringement, the legal remedies available to the author are as follows:
- Determination of Infringement and Collection of Evidence: Firstly, the infringement must be determined with concrete evidence. All evidence such as copies of the infringed work, the platforms where it was published (website, social media, printed publication), information of the infringer (if any) should be collected. Methods such as screenshots, website printouts, and notary detection can be used.
- Sending a Notice: By sending a notice to the infringing person or institution through a notary public, it can be requested to stop the infringement, remove the works and compensate the damage suffered. The cease and desist letter may serve as evidence in a future lawsuit and may pave the way for reconciliation.
- Civil Lawsuits: In the event that the infringement continues despite the warning notice or if a settlement cannot be reached, a lawsuit can be filed in the Intellectual and Industrial Rights Civil Court (in the Civil Court of First Instance where these courts are not available).
- Infringement Determination Action: It ensures that the existence of the infringement is determined by a court decision.
- Action for the Prohibition of Infringement: It requests the prevention of the continuation of the infringement, i.e. taking measures such as removing the works from publication, stopping their reproduction.
- Action for Ref’i (Redress) of Infringement: It demands the compensation of the damage caused as a result of the infringement, for example, the destruction of illegally reproduced copies or their delivery to the author.
- Material and Moral Damages: Claims compensation for material (loss of earnings, licence fee, etc.) and moral (damage to reputation, loss of connection with the work, etc.) damages suffered as a result of the infringement. Monetary damages are usually calculated on the basis of the infringer’s profits or the licence fee that the author would normally receive.
- Criminal Cases: FSEK also defines certain acts that violate copyrights as criminal offences. For example, unauthorised reproduction, dissemination or communication of a work to the public may be punishable by imprisonment or a judicial fine under certain circumstances. In this case, a complaint can be filed with the Chief Public Prosecutor’s Office and a criminal case can be initiated.
- Infringements on the Internet: In case of copyright infringements over the Internet, removal of the content or blocking of access may be requested by applying to the content provider or hosting provider within the scope of the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications.
Statute of Limitations
The general statute of limitations for actions arising from copyright infringements is 2 years from the date on which the damage and the perpetrator are learnt, and in any case 10 years from the date on which the act is committed, according to the tort provisions of the Turkish Code of Obligations. However, longer limitation periods may be applicable for some criminal cases specifically regulated in the FSEK.
Copyright is one of the cornerstones of intellectual property law, which protects the labour and works of creators. Copyright infringements, such as the unauthorised use, reproduction or dissemination of a work, lead to serious grievances for authors. In such cases, legal remedies such as detection of infringement, sending a cease and desist letter, prohibiting, refraining from, and determining infringement, and filing lawsuits for pecuniary and non-pecuniary damages may be resorted to. In addition, certain infringements may also be subject to criminal proceedings. Since intellectual property law is a technical field, obtaining professional support from an intellectual property lawyer in case of copyright infringement will ensure the most effective protection of rights.