Intellectual Property Law in Turkey: Copyright, Protection, Infringement and Lawsuits

Intellectual property refers to all the rights granted to the owner of the products of intellectual effort; under Turkish law, it consists of copyright (intellectual rights) and industrial property rights such as patents, trademarks and designs. This guide explains the definition of intellectual property, how copyright arises and is registered, the term of protection, the civil and criminal remedies available in the event of infringement, and the current registration fees. The explanations are based on Law No. 5846 on Intellectual and Artistic Works and the provisions of the related regulation.

What Is Intellectual Property in Turkey?

Intellectual property is the broadest legal term, covering all the economic and moral rights that can be held over a work, together with neighbouring rights. The products of the mind belonging to a person or organisation fall within this scope, and the right holder has the power to share the product freely or control its use in specific ways. Because Law No. 5846 on Intellectual and Artistic Works regulates the rights granted to the author in a chapter titled “Intellectual Rights”, these rights are also commonly referred to in Turkish legal practice simply as intellectual rights.

What Are Intellectual Property Rights in Turkey?

Intellectual property rights consist of copyright and industrial property rights such as patents, trademarks, designs and geographical indications. In Turkey, IP rights are essentially divided into two main groups, copyright and industrial property rights:

1- Copyright: These are rights that belong exclusively to authors and that third parties may not use without permission. They consist of four main subcategories:

• Works of science and literature
• Musical works
• Works of fine art
• Cinematographic works

2- Industrial Property Rights: These cover inventions, innovations, designs and original work in industry and agriculture, as well as distinctive names and signs such as trademarks and trade names. Under Turkish legislation, they are intangible rights that keep the power to produce and sell the relevant products in the owner’s exclusive hands for set periods.

What Are the Seven Basic Groups of Intellectual and Industrial Property Rights in Turkey?

In Turkish legal practice, intellectual and industrial property rights are dealt with under seven generally accepted basic groups:

1. Intellectual and Artistic Works
2. Integrated Circuit Topographies
3. Breeders’ Rights over New Plant Varieties
4. Patents
5. Industrial Designs
6. Geographical Indications
7. Trademarks

Copyright, patents, utility models, designs, trademarks, geographical indications, new plant varieties, integrated circuit topographies, biotechnology, gene technology, computer programs, databases and trade secrets all sit under the intellectual property umbrella. Today, areas such as folklore, biodiversity, traditional knowledge and nanotechnology are also being brought under rules at international level within this umbrella.

How Do Intellectual Property Rights Arise in Turkey?

Among IP rights, copyright arises automatically when the work is created, whereas industrial property rights such as patents, trademarks and designs arise, as a rule, through registration. Under Turkish law, the acquisition of rights is subject to different legal regimes depending on the category of intellectual property:

• Copyright (Arises Without Registration): Protection arises automatically once the work is created. No administrative procedure such as notification or registration is required.
• Industrial Property Rights (Registration Principle): For rights such as patents, utility models, trademarks and designs, the basic principle is registration. To establish ownership of the right, registration with an administrative body such as the Turkish Patent and Trademark Office (TÜRKPATENT) is required; protection without registration is exceptional.

What Is a Work Under Intellectual Property Law in Turkey?

Under intellectual property law in Turkey, a work is any intellectual or artistic product bearing the characteristics of its author and classed as a work of science and literature, music, fine art or cinema. Within the framework of Law No. 5846 on Intellectual and Artistic Works (FSEK), “work” is the basic concept at the heart of Turkish copyright law, with a wide scope of protection. Whether an intellectual product counts as a work in law and benefits from legal protection depends on three specific basic conditions and on the statutory categories.

1- What Types of Works Does FSEK Recognise in Turkey?

FSEK lists works exhaustively in four groups: works of science and literature, music, fine art and cinema. Works protected under FSEK in Turkey fall into four main categories:

• Works of science and literature
• Musical works
• Works of fine art
• Cinematographic works

Adaptations (Derivative Works): Works created by making use of an independent work, dependent on the original work and bearing the characteristics of the adapter, are regarded as “adaptations”. Translations, the explanation and commentary of a work, and musical arrangements and compositions fall within the scope of adaptations.

Other Subjects of Protection That Are Not Works: The Law also separately regulates elements such as letters, portraits, names and signs, which do not qualify as works but are given special protection. Although these elements are not works, Turkish legislation separately safeguards them to protect the interests of the persons concerned.

2- What Conditions Must an Intellectual Product Meet to Qualify as a Work in Turkey?

For an intellectual product to qualify as a work, it must fall into one of the statutory groups of works, bear the characteristics of its author and be perceptible. For an intellectual product to be protected under FSEK, all three of the following conditions must be met together:

1. Formal Condition: The intellectual product must fall into one of the four main groups of works expressly listed in the Law (science and literature, music, fine art or cinema).

2. Subjective Condition: The work must bear its author’s originality (their creative personal signature). Works lacking originality cannot benefit from protection as a work.

3. Perceptibility Condition: The intellectual product must be objectively perceptible. Products that remain only at the idea stage and do not reach a perceptible level in the outside world are outside protection. However, this condition does not require the product to be embodied (turned into a physical object); for example, a conference speech reflecting the author’s individuality also counts as a work under Turkish law.

A piece of work does not need to be finished to benefit from protection. It is protected as a work from the moment it begins to reflect its author’s originality. In addition to the work as a whole, parts of a work that carry originality are also protected independently in Turkey.

What Are the Rights of the Author in Turkey?

A work that meets the conditions for protection gives its author special powers in addition to moral and economic/financial rights. Under FSEK No. 5846, the powers granted to the author and the related rights protecting the culture industry fall into three basic categories under Turkish law.

1. Moral Rights of the Author in Turkey

Under Turkish law, moral rights are rights directly linked to the author’s personality and intended to protect the integrity of the work:

• Right to Make the Work Public: The power to decide whether the work will be made available to the public, and when and how.
• Right to Be Identified as the Author / Right to Be Named: The power to have one’s name or pseudonym (pen name) shown on the work, or to publish it anonymously.
• Right to Prevent Changes to the Work: The right to prevent changes being made to the work or to the author’s name without the author’s permission.
• Right of Access to the Original of the Work: The author’s right, where necessary and provided the conditions for its protection are met, to ask the owner and possessor of original works of fine art and manuscripts not in the author’s possession to let them use the originals for a temporary period.
• Right to Request the Work for Exhibition: Where the work is unique and original, the author’s power to request the work from its owner, subject to meeting the conditions for its protection and on condition of returning it, for use in works and exhibitions covering all periods of the author’s output (FSEK Art. 17).
• Right to Prevent Destruction: The power to prevent acts that damage or destroy the original of the work.

2. Economic Rights of the Author in Turkey

Economic rights are exclusive rights giving the power to exploit the work economically. In connection with these rights, FSEK also grants the author powers such as the resale right, the right of withdrawal and the right of waiver under Turkish law:

• Right of Adaptation: The power to create an adaptation, such as translating, arranging or adapting the work.
• Right of Reproduction: The power to reproduce the original or copies of the work in any form or by any method.
• Right of Distribution: The power to sell, rent, lend or distribute the original or reproduced copies of the work.
• Right of Performance: The power to have the work read, played, acted or shown, directly or by means of devices.
• Right of Broadcasting and Communication to the Public: The power to communicate the work to the public by wired/wireless means such as radio, TV or the internet.
• Resale Right (Droit de Suite): Each time the originals of works of fine art or manuscripts are resold after the first sale within the term of protection, the right, where there is a clear disproportion between the two sale prices, to have a reasonable share given to the author out of the price difference (FSEK Art. 45).
• Right of Withdrawal: If the person who has acquired an economic right or licence does not make proper use of the rights within the agreed period (or within a reasonable time if no period was set), and the author’s interests are thereby seriously harmed, the author may withdraw from the contract after giving a reasonable period through a notary public (FSEK Art. 58). The right of withdrawal cannot be waived in advance.
• Right of Waiver: Provided that earlier dispositions are not infringed, the author or their heirs may waive economic rights by drawing up an official deed and having it announced in the Official Gazette; the waiver has the same effect as expiry of the protection period from the date of announcement (FSEK Art. 60).

3. Related Rights and the Position of Entrepreneurs in Turkey

In addition to the author’s rights, FSEK also regulates related rights in order to protect investment in the culture industry. The persons and organisations regulated in FSEK as holders of related rights in Turkey are:

1. Performing Artists
2. Phonogram / Record Producers
3. Radio-TV Organisations
4. Film Producers

Legal Status of Entrepreneurs: Where a performance is carried out on an entrepreneur’s initiative and under a contract, the entrepreneur’s written permission is also required for the performance to be used. However, the entrepreneur is not a holder of related rights within the meaning of FSEK Art. 80; they are only a party whose permission must be obtained.

How Is a Work Protected in Turkey?

Under Law No. 5846 on Intellectual and Artistic Works (FSEK) and the Regulation on the Registration of Intellectual and Artistic Works, a work is protected primarily by automatic (natural) protection, supported by administrative recording and registration and procedural safeguards. These routes to protection in Turkey are explained in turn below.

1. Protection of a Work Without Registration in Turkey

Under FSEK, copyright protection arises automatically at the moment the work is created. In Turkey, the work does not need to be recorded or registered with any authority in order to be protected. It is enough for protection to begin that the work is original (bears the characteristics of its author) and falls within one of the types of work listed in the Law.

2. Is Recording and Registration of a Work Mandatory in Turkey?

As a rule, recording and registration of a work is not mandatory; registration is required only for the groups of works listed below. Under Articles 5 and 7 of the Regulation on the Registration of Intellectual and Artistic Works, the registration regime in Turkish law is divided into two:

a) Works Subject to Mandatory Registration in Turkey

1. Cinematographic Works: For film producers who make the first fixation of films,
2. Musical Works: For phonogram producers who make the first fixation of sounds,
3. Computer Games: Right holders have them recorded and registered in order to establish the rights held and to make those rights easier to prove.

Under Turkish legislation, mandatory recording and registration also does not create rights; the Regulation expressly provides for it not to create rights but to prevent infringement of rights, make proof easier and allow economic rights to be monitored.

b) Works Subject to Optional Registration in Turkey

For all other groups of works outside the scope of mandatory registration (science and literature, fine art, etc.), registration is optional in Turkey. Optional registration does not itself create ownership of the right; its purpose is to establish ownership of the right and make it easier to prove until the contrary is proven.

3. Other Ways to Protect the Author’s Rights in Turkey

In protecting the work against third parties and preventing possible infringements of rights in Turkey, the following legal and technical measures play a vital role:

• Digital Documentation: Recording the work electronically and fixing its content and date of creation with a time stamp or digital signatures increases its evidential value.
• Concluding a Written Contract: A written contract should always be made before the work is shared with a publishing house, production company or digital platform. These contracts should clearly set out the limits of any transfer of economic rights or licence of use.
• Legal Advice and Enforcement of Rights: Where intellectual property rights are infringed, professional legal proceedings should be conducted to file actions for pecuniary and non-pecuniary damages or for prevention/cessation of infringement and to prevent loss of rights before the Turkish courts.

Which Ideas and Content Are Not Protected as Works in Turkey?

Abstract ideas, methods and principles, and works lacking originality, are not protected as works; protection is given only to the original form in which an idea is expressed in the outside world. In Turkish intellectual property law, the principle of freedom of ideas and the principle that the author is the person who creates the work set the limits of copyright protection. In particular, for works created in employer-employee relationships in Turkey, who holds the rights and how they are exercised is regulated by FSEK No. 5846 Art. 18/2 through mandatory and default rules.

1. Idea – Expression Distinction (Idea – Expression Dichotomy) in Turkey

Under Turkish copyright law, abstract ideas and methods alone cannot benefit from protection as a work. The basic elements of the idea-expression distinction are:

• Scope of Protection: What FSEK protects is not the ideas themselves but the way those ideas are expressed in the outside world.
• Technical Ideas: Ideas and methods aimed at solving a technical problem are, as a rule, assessed under patent legislation.
• Concrete Example: Everyone is free to write a poem on the theme of a last will; however, no one may pass off as their own one or more lines of Nâzım Hikmet’s poem “Vasiyet” (Last Will) without permission.

2. Ideas and Content Outside the Scope of Protection in Turkey

The limits of copyright protection are set not only by the content protected but also by the persons who can be authors under Turkish law. For this reason, authorship and works created in an employment relationship are dealt with separately below.

a) Who Is the Author in Turkey?

In the FSEK system, the author is the person who creates the work (FSEK Art. 8). The word “natural” in the Law’s definition of the author was removed from the text in 2004 by Law No. 5101, and FSEK Art. 27 refers to cases where the first author is a legal entity. By contrast, in the decision quoted below, the Court of Cassation Assembly of Civil Chambers held that only natural persons can be authors and that employers and legal entities cannot be authors in law. In Turkish legal practice, therefore, the person who actually creates the work is regarded as the author, while legal entities are granted only the power to exercise the rights over the work.

b) Who Holds the Rights in Works Created by Employees and Civil Servants in Turkey?

In works created by employees and civil servants while performing their duties, the author is the person who produces the work, but unless otherwise provided by a special contract between them or by the nature of the work, the power to exercise the rights over these works belongs to the employer. In works created in an employment relationship, too, the author is the employee who produces the work. However, FSEK Art. 18/2 provides for a special regime of use under Turkish law:

• Employer’s Power of Use: Unless otherwise provided by a special contract between the parties or by the nature of the work, the power to exercise the rights over works created by civil servants, staff and employees while performing their duties belongs to those who employ or appoint them.
• Transfer of the Right vs Power of Use: This power granted to the employer is not a transfer of ownership of economic rights but a statutory power of use.
• Requirement for Transfer of Economic Rights: The economic rights remain in the assets of the employee-author. For these rights to be transferred to the employer in full, under FSEK Art. 52 a separate written contract must be made and the rights transferred must be listed one by one, separately.
• Moral Rights: The author’s moral rights always remain with the author (the employee); they cannot be transferred.

The dispute in the Court of Cassation Assembly of Civil Chambers (Case No. 2011/401, Decision No. 2011/441, dated 22.06.2011) concerned a logo and mascot designed by a graphic artist working under a contract of employment at a municipal company. The relevant part of the decision reads:

Court of Cassation Assembly of Civil Chambers (Case No. 2011/401, Decision No. 2011/441, dated 22.06.2011)

The Law rejects employers and legal entities being authors in law, and accepts that, unless otherwise provided by a special contract between them and the artists or by the nature of the work, they may in law be given only rights of use.

The first point stressed in the decision is that the provisions on authorship, and that only a natural person can be an author, are mandatory. Even by contract, the parties cannot make a legal entity the “author”. The rule in FSEK Art. 18/2 on the employer’s power to exercise economic rights is a default rule. The parties may agree otherwise in the employment contract.

The practical consequences of the decision are that the employer’s statutory power of use is absolute and can be asserted against everyone, including the employee-author. However, even where the employer has a power of use, the moral rights remain with the author, so in cases such as unauthorised changes to the work or failure to name the author, the artist may claim moral damages for infringement of moral rights before the Turkish courts. In the case at hand, too, it was held that the right under FSEK Art. 16 had been infringed by unauthorised changes to the work, moral damages were awarded in favour of the artist, and this became final.

How Is Intellectual Property Protected and Registered in Turkey?

Under Turkish law, obtaining IP rights is a statutory process made up of specific legal and administrative stages. The procedures to be followed vary depending on the type of intellectual property to be protected and the legislation of the country concerned.

A- How Are IP Rights Obtained in Turkey?

Registering intellectual property and bringing it under legal protection essentially takes place in six main stages. Since copyright arises without any need for registration, these stages apply mainly to industrial property rights such as patents, trademarks and designs and to optional copyright registration in Turkey:

1. Determining the Type of Intellectual Property in Turkey

First, it must be established which legal category the intellectual product to be protected falls into. Depending on the subject of protection, the appropriate type of protection should be chosen, such as a patent, utility model, trademark, copyright or industrial design. For detailed explanations of trademark registration and trademark infringement in Turkey, see our article on the trademark registration process and trademark infringement.

2. Preliminary Research and Legal Assessment in Turkey

Research should be carried out into the statutory requirements, absolute/relative grounds for refusal and prior rights for the relevant type of intellectual property. Before applying, it should be established in detail whether the conditions in the legislation are met and which official documents must be submitted to the Turkish authorities.

3. Preparing the Application File and Documents in Turkey

The technical and administrative documents to be submitted to the official bodies must be prepared in full. Items such as project or product descriptions, technical drawings, the trademark logo / image or copies of written works should be added to the file.

4. The Official Application Process in Turkey

An official application should be made with the prepared file to the competent administrative bodies (in Turkey, TÜRKPATENT or the Directorate General for Copyright). The process is conducted in accordance with the intellectual property laws of the country concerned and the office’s procedures.

5. Administrative Examination and Assessment in Turkey

The application is subjected to formal and substantive examination by the competent body that will register the intellectual property. Rights found acceptable after the formal examination, the publication process and the assessment of oppositions by third parties are registered and approved.

6. Protecting Rights After Registration in Turkey

After registration, legal obligations must be fulfilled for the rights to remain valid. Paying periodic renewal fees (e.g. renewal every 10 years for trademarks, annual fees for patents) and, in the event of infringement, pursuing legal proceedings such as actions for prevention of infringement and for damages before the Turkish courts are necessary.

B- How Is International Intellectual Property Protection Secured?

Protecting intellectual property abroad is possible by obtaining separate protection in the countries concerned within the framework of international agreements. Under Turkish law, the principle of territoriality applies to intellectual property, so rights as a rule provide protection in the countries where they are registered. For this reason, in global trade, international registration strategies should be developed in line with international agreements and standards such as WIPO (World Intellectual Property Organization), the PCT (Patent Cooperation Treaty) or the Madrid Protocol. Because the application, opposition and registration procedures for intellectual property involve highly technical and complex steps, it is vital to act through a specialist lawyer or patent and trademark attorney to avoid losing rights.

What Can Be Done When an Intellectual Property Right Is Infringed in Turkey?

A right holder whose intellectual property right is infringed may file a civil action to stop the infringement and recover the loss; if the infringement is a crime, they may also start a criminal investigation by filing a complaint. Details of the civil and criminal routes available in Turkey are explained below.

1- What Is Intellectual Property Infringement in Turkey?

Under Law No. 5846 on Intellectual and Artistic Works (FSEK), any unlawful interference with the author’s economic or moral rights constitutes intellectual property infringement (violation of rights). To provide protection against infringements, the Law essentially provides two main remedies: civil actions and criminal proceedings.

2- What Are Intellectual Property Lawsuits in Turkey? (Civil Remedies)

The main civil actions that can be brought under Turkish law, depending on the type of unlawful infringement and its consequences, fall under four main headings:

a. Action for Cessation of Infringement (Ref’i) in Turkey

The action for cessation of infringement (tecavüzün ref’i) is an action brought under Turkish law against an infringement that exists and is still continuing. The purpose and scope of the action are:

• Purpose: Removing the unlawful situation, ending the infringement and eliminating the negative consequences of the infringement.
• Scope: For example, this action is used where the aim is to stop the printing of a book printed or distributed without permission, to have copies on the market withdrawn, or to have content published online without permission blocked and removed.

b. Action for Prevention of Infringement (Men’i) in Turkey

A preventive action brought against infringements that have not yet occurred but are highly likely to occur, or that have ended but carry a risk of recurrence. The purpose and condition of the action under Turkish law are:

• Purpose: Preventing a likely infringement before the violation of rights arises or deepens.
• Condition: It is enough for the claimant to prove the existence of a danger based on justified and serious grounds that the infringement will occur; the infringement does not need to have actually begun.

c. Declaratory Action for Intellectual Property Infringement in Turkey

An action brought to establish in law whether the economic or moral rights in a work have been infringed, who owns the right, or the extent of the infringement. The legal nature and effect of the declaratory action are:

• Legal Nature: Anyone with a legal interest in their rights over the work may bring a declaratory action under the general provisions.
• Effect of Final Judgment: The declaratory judgment given by the court at the end of the case constitutes a final and binding judgment (res judicata) between the parties to the case and forms the basis for subsequent damages or cessation actions before the Turkish courts.

d. Actions for Pecuniary and Non-Pecuniary Damages in Turkey

Actions brought before the Turkish courts to recover loss by the author or copyright holders who have suffered loss because of intellectual property infringement. Claims for damages are divided into two, pecuniary and non-pecuniary:

• Pecuniary Damages: Aims at making good the actual reduction in the author’s assets caused by the infringement and the loss of profit (special provisions such as the right under FSEK Art. 68 to claim up to 3 times the hypothetical contract fee are reserved).
• Compensation for Non-Pecuniary Damage: Claimed for the infringement of the author’s moral rights (being named, the work not being changed, etc.) or to make up for the pain, distress and emotional harm suffered because of the infringement.

3- What Are the Criminal Remedies for Intellectual Property Infringement in Turkey?

Law No. 5846 on Intellectual and Artistic Works (FSEK) makes serious infringements of the economic and moral rights of authors and holders of related rights crimes within the scope of Turkish criminal law. Criminal sanctions aim to prevent the unauthorised use of intellectual products and protect public order.

a. What Crimes Does FSEK Define and What Is the Penalty for Copyright Infringement in Turkey?

Under Turkish law, the penalty for copyright infringement depends on the nature of the act; FSEK Art. 71 provides for sanctions ranging from imprisonment of up to six months to imprisonment of one to five years or a judicial fine, and for some acts only imprisonment applies. Under FSEK, the acts constituting crimes and the ranges of penalties laid down in the Law are:

• Unauthorised Adaptation, Reproduction, Distribution and Dissemination: A person who, without the right holder’s written permission, adapts, performs, reproduces, alters, distributes, publishes or sells a work, performance, phonogram or production is punished with imprisonment of 1 to 5 years or a judicial fine. If a mark-protected image or logo is copied onto physical products, it is also likely that an investigation will be launched under the offense of selling counterfeit and imitation goods.
• Passing Off a Work as One’s Own (Plagiarism): A person who puts their name on someone else’s work as their own receives imprisonment of 6 months to 2 years or a judicial fine. Where this act is committed by distributing or publishing, the upper limit of imprisonment is 5 years and no judicial fine may be imposed.
• Quoting Without Citing the Source: A person who unlawfully quotes from a work without citing the source is punished with imprisonment of 6 months to 2 years or a judicial fine.
• Disclosing an Unpublished Work to the Public: A person who, without the right holder’s consent, discloses the content of a work not yet made available to the public is punished with imprisonment of up to 6 months.
• Incomplete or Incorrect Citation of Sources: A person who cites sources for a work in an inadequate, incorrect or misleading way receives imprisonment of up to 6 months.
• Using the Name of a Well-Known Person: A person who reproduces, distributes or publishes a work, performance, phonogram or production using the name of another well-known person is punished with imprisonment of 3 months to 1 year or a judicial fine.

The Turkish lira equivalent of the copyright penalty is not set in the Law as a fixed amount; the judicial fine is calculated on the basis of a number of days under Art. 52 of Turkish Penal Code No. 5237 (TPC). Accordingly, the judge sets a number of days of not less than 5 and, unless the law provides otherwise, not more than 730, and multiplies it by a daily amount set between 100 TL and 500 TL, taking into account the person’s economic and personal circumstances.

b. The Complaint Requirement and Criminal Investigation in Turkey

Under FSEK Art. 75, the investigation and prosecution of the crimes regulated in FSEK Arts. 71 and 72 depend on a complaint. Crimes under FSEK Art. 81, such as breach of the banderol obligation, are not within this scope. To start and continue the investigation, the following strict procedural rules must be observed under Turkish law:

• Strict Complaint Deadline (TPC Art. 73): The complaint period is regulated not in FSEK but in TPC Art. 73. The right holder must file a complaint within 6 months of learning of the act and the perpetrator. This period is a strict time bar; applications made after it has expired are not processed.
• Obligation to Submit Documents and Non-Prosecution Without Discretion: Rights holders or the collective management organisation of which they are members must submit the documents proving ownership of the right within the 6-month complaint period to the Chief Public Prosecutor’s Office. If these documents are not submitted in time, the Prosecutor’s Office issues a decision of non-prosecution (KYOK); the law gives the prosecutor or judge no discretion on this point.
• Duty to Notify: The relevant authorities, in particular officials of the Ministry of National Education and the Ministry of Culture and Tourism, are obliged to notify right holders of infringements so that they can exercise their right of complaint in time.

c. Protective Measures in Criminal Investigations in Turkey

In intellectual property infringements, the criminal investigation and the application of protective measures follow a set order in the Turkish legal system:

• Application and Complaint: Right holders or the authorised collecting societies apply to the Chief Public Prosecutor’s Office with a complaint petition and evidence of ownership of the right, in the place where the crime was committed or where its consequences occurred.
• Prosecutor’s Review and Protective Measures: The public prosecutor applies seizure to the materials forming the subject of the crime under the provisions of Code of Criminal Procedure No. 5271 (CCP). In addition, if deemed necessary, the prosecutor may order the suspension of the activity, limited to the unlawful reproduction.
• 24-Hour Judicial Approval: The prosecutor’s order suspending the activity is submitted for a judge’s approval within 24 hours. A suspension order not approved by the judge within 24 hours automatically becomes void.

d. Which Court Hears Intellectual Property Crimes in Turkey?

The court competent for criminal cases arising from FSEK is the Criminal Court of Intellectual and Industrial Property Rights. FSEK Art. 76 links the competent court for civil and criminal cases arising from this Law to the first paragraph of Article 156 of Industrial Property Law No. 6769 (IPL); under IPL Art. 156/1, these cases are heard by the Civil Court of Intellectual and Industrial Property Rights and the Criminal Court of Intellectual and Industrial Property Rights.

These specialised courts are set up in Turkey by the Ministry of Justice in the places where it considers necessary, after obtaining the favourable opinion of the Council of Judges and Prosecutors. Where no Criminal Court of Intellectual and Industrial Property Rights has been set up, cases within its jurisdiction are heard by the Criminal Court of First Instance; for civil cases, the same rule applies to the Civil Court of First Instance.

What Is Copyright in Turkey?

Copyright (rights over a work) is the legal concept covering all the economic and moral rights of the person who creates an intellectual or artistic work over that work. Copyright, protected within the framework of Law No. 5846 on Intellectual and Artistic Works (FSEK), is one of the most fundamental and widespread areas of IP law in Turkey. In practice, these rights of the author arising from FSEK are also referred to simply as “FSEK rights” or “FS rights”, after the name of the Law.

1- What Is FSEK in Turkey?

FSEK is the abbreviation of Law No. 5846 on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu) and is the main law regulating copyright under Turkish law. The Law was adopted on 5.12.1951 and published in the Official Gazette dated 13.12.1951.

Under FSEK Art. 1/A, the Law covers the moral and economic rights of authors and of performing artists, phonogram and film producers and radio-television organisations over their products, the principles and procedures for dispositions relating to these rights, and legal remedies and sanctions. The basic rules on types of works, economic and moral rights, terms of protection and copyright crimes in Turkey are set out in this Law.

2- When Does Copyright Protection Begin in Turkey?

Copyright protection begins automatically at the moment the work is created. For copyright to arise and gain legal protection, no official registration, application or approval is required. The principle of protection without registration applies in the FSEK system in Turkey.

• Automatic Creation (Informal Protection): The rights over information, thoughts, works of art or products created by a person’s own intellectual effort arise automatically at the moment the work is created (takes concrete form).
• Optional Recording and Registration: To be able to prove ownership of the right easily before official bodies, the author may have optional recording and registration carried out with the Directorate General for Copyright of the Ministry of Culture and Tourism. This registration is not a transaction that creates the right (constitutive); it is a declaratory presumption that makes the existence of the right easier to show.
• Nature of Notarial Approval: A notarial recording or determination is not a “registration”. Notarial approvals are a strong legal means of proof documenting the content of the work, its owner and that it existed on a particular date.

3- What Does Copyright Cover in Turkey?

Copyright covers works of science and literature, music, fine art and cinema. Books, computer programs, compositions, photographs and films are examples of works protected by copyright. For an intellectual product to benefit from copyright protection under Turkish law, it must bear the author’s individuality (its original quality) and fall into one of the following main categories under FSEK:

• Works of Science and Literature: Written texts, books, articles, computer programs and source code; photographs and maps of a technical and scientific nature, architectural and industrial projects. Databases based on selection and arrangement are protected as adaptations under FSEK Art. 6.
• Musical Works: All kinds of compositions, with or without lyrics; arrangements are protected as adaptations.
• Works of Fine Art: Paintings, pictures, sculptures, architectural works, photographic works, graphic works and caricatures with aesthetic value.
• Cinematographic Works: Films, documentaries, animations and video content.

4- How Are Computer Programs (Software) Protected by Copyright in Turkey?

Under FSEK Art. 2/1, computer programs count as works of science and literature and, like other works, benefit from copyright protection from the moment they are created, with no need for registration. Protection covers computer programs expressed in any form and their preparatory design material, provided that it leads to a program at a later stage.

By contrast, ideas and principles underlying any element of a computer program, including those underlying its interface, do not count as works. This rule is the reflection in software of the idea-expression distinction in copyright law in Turkey; what is protected is not the idea on which the program is based, but the program itself and its form of expression.

To make proof of ownership easier, software owners may have their programs recorded and registered through voluntary registration with the Ministry of Culture and Tourism. Under the Regulation on the Registration of Intellectual and Artistic Works, this application requires the first and last twenty-five pages of the source code for programs that contain no trade secrets (the whole of it for programs shorter than fifty pages); for programs containing trade secrets, the parts that are trade secrets may be blocked out.

How Is Copyright Obtained and Registered in Turkey?

Copyright arises automatically, with no application, registration or approval from any official body, as soon as an intellectual product is created. In Turkish law, under Law No. 5846 on Intellectual and Artistic Works (FSEK), registration does not as a rule create rights, but it has been made mandatory in certain areas for enforcing rights or provided for on an optional basis to make proof easier.

1. What Are the Conditions for Copyright Protection in Turkey?

The conditions for copyright protection are originality, the statutory category and form (embodiment). For a product to benefit from copyright protection under FSEK in Turkey, it must meet the following three basic legal conditions at the same time:

• Originality Condition: The work must carry the personal stamp, intellectual world and original character of the creator who produced it.
• Statutory Category Condition: The intellectual product must be capable of falling within one of the types of work listed exhaustively in FSEK (closed list) (science and literature, music, fine art or cinema).
• Form / Embodiment Condition: Abstract thoughts are not protected by copyright. The idea must have been transferred to/shaped in a concrete medium (writing, sound recording, canvas, digital file, etc.) so that others can perceive it in the outside world.

2. The Distinction Between Optional and Mandatory Copyright Registration in Turkey

Although the rule in acquiring copyright is protection without registration, the legislation in Turkey has made registration mandatory for some sectors:

a) Optional Recording and Registration in Turkey

• Scope: All works other than productions subject to mandatory recording and registration (books, software, architectural projects, photographs, etc.). Under FSEK Art. 13, authors may have all their works protected under the Law registered on an optional basis, including cinematographic and musical works.
• Legal Nature: Under Turkish law, it does not create ownership of the right; it provides a strong presumption of proof showing the owner and date of creation of a right that has already arisen.

b) Mandatory Recording and Registration in Turkey

• Scope: Cinematographic works (film producers who make the first fixation of films) and musical works / phonograms (phonogram producers who make the first fixation of sounds).
• Purpose: For film and phonogram producers in Turkey, having recording and registration carried out is a legal requirement in order to prevent their rights from being infringed, make it easier to prove ownership of the right and monitor their powers of exploitation relating to economic rights. This registration does not create rights either.

3. Where and How to Apply for Copyright Registration in Turkey?

Applications for voluntary copyright registration are made to the Directorate General for Copyright of the Ministry of Culture and Tourism, in person or by post. The recording and registration procedure carried out by the Directorate General for Copyright of the Ministry of Culture and Tourism in Turkey involves the following stages:

• Creating the Application Form: The applicant enters the information on the work and the rights holder into the Directorate General for Copyright’s recording and registration system; the application form and letter of undertaking bearing the application number given by the system are printed out and signed.
• Submitting Documents and Materials: The petition, application form, letter of undertaking, bank receipt showing payment of the recording and registration fee and two copies of the work recorded on digital media are submitted to the Directorate General in person or by post. For company applications, a signature circular is added; for applications made through a representative, a power of attorney approved by a notary public is added.
• Issuing the Certificate and Approval: Once the documents are submitted in full, recording and registration is completed and the recording and registration certificate is issued in three more copies than the number of applicants; three copies of the certificate remain at the Ministry and the others are given to the applicants. The sample of the work is kept closed and sealed.

How to Assert a Claim for Copyright Infringement in Turkey?

The author or authorised holders of economic rights whose copyright has been infringed may resort to both civil and criminal remedies under Law No. 5846 on Intellectual and Artistic Works (FSEK) and the general provisions, in order to end the infringement, recover the loss caused and have the infringers punished. In Turkish legal practice, securing evidence and sending a warning notice to the infringer before resorting to these remedies prevents loss of rights.

The operational steps to follow in the event of infringement of copyright, so as not to lose rights and to substantiate the claims before the court, are:

1. Securing Evidence and Identifying the Infringement: Where, how and by whom the work has been infringed is established. For digital infringements, the evidence is secured with a time stamp through the Union of Turkish Notaries e-Tespit portal, screenshots, IP addresses and domain name records.
2. Sending a Notice and a Formal Warning Notice: The infringer is sent a notice through a notary public or, online, a notice-and-takedown (“Uyar-Kaldır”) notice. The warning notice gives a reasonable period for immediately stopping the infringement, removing the content and making good the loss caused.
3. Applying for an Interim Injunction: Before filing a lawsuit or together with it, the court is asked for an interim injunction ordering the infringing products to be withdrawn or their sale or online access to be blocked, in order to prevent irreparable harm.
4. Asserting the Claim Through a Lawsuit: If the dispute is not resolved within the period, civil actions (prevention, cessation, damages) are filed before the Turkish courts under FSEK Arts. 66-70 and/or a criminal complaint is filed with the Chief Public Prosecutor’s Office.

Which Lawsuits Can Be Filed for Copyright Infringement in Turkey?

Under Law No. 5846 on Intellectual and Artistic Works (FSEK), right holders whose copyright has been infringed or is under threat of infringement may resort to prevention (men), cessation (ref), payment claims (Art. 68), damages and criminal proceedings. The scope of these actions, the limitation periods and the competent court in Turkey are explained under separate headings below.

1. Performance and Prevention Actions (Men and Ref) in Turkey

Performance and prevention actions are aimed at preventing the infringement or eliminating its consequences. For this purpose, FSEK regulates the action for prevention of infringement and the action for cessation of infringement.

A. Action for Prevention of Infringement (FSEK Art. 69) in Turkey

• Scope: Brought against dangers of infringement that have not yet occurred but are likely to occur, or that carry a risk of recurrence.
• Strict Liability: The defendant does not need to be at fault. Fault is taken into account only in determining the nature and severity of the preventive measures the court will order. Where employees of a business infringe, the action may also be brought directly against the owner of the business under Turkish law.

B. Action for Cessation of Infringement (FSEK Arts. 66-67) in Turkey

Brought under Turkish law in cases of infringement of moral rights such as making an unpublished work public without consent, failure to name the author or unauthorised changes to the work. The claimant may ask for the changes to be corrected, the work to be restored to its original state, publication to be stopped, or a correction by public announcement at the infringer’s expense. For works of fine art, the claimant may ask for the name to be removed or for an announcement that the change was not made by the author.

2. Claim for Payment Under FSEK Article 68 (Infringement of Economic Rights) in Turkey

Where the work is reproduced, adapted, distributed, performed or communicated to the public without permission, the copyright holder may rely on FSEK Art. 68, a special performance mechanism under Turkish law:

• Claim for 3 Times the Fee: A copyright holder whose permission was not obtained may claim up to three times the fee they could have asked for if a contract had been made, or the market value to be determined under the provisions of FSEK.
• Court of Cassation Case Law and Judicial Intervention: According to the Court of Cassation 11th Civil Chamber’s majority decision dated 19.06.2015 (Case No. 2014/18483, Decision No. 2015/8539); the power to choose the multiplier in the article belongs to the claimant, and the court cannot change the claim chosen. The court cannot reduce the claimant’s 3-times claim of its own motion based on its discretion. A reduction may only arise where the parties share contributory (joint) fault; the decision relied on Article 43 of the repealed Code of Obligations for this reduction, and today this rule is found in Turkish Code of Obligations (TCO) Art. 52.
• Fate of Seized Copies: The copyright holder may ask for copies reproduced without permission and the means of manufacture to be destroyed or handed over to them for a reasonable fee not exceeding the production cost.

3. Compensation Lawsuits for Copyright Infringement in Turkey (Pecuniary and Non-Pecuniary Damages)

An author who suffers loss because of infringement of copyright may bring a compensation lawsuit based on tort liability under the general provisions of Turkish law:

• Pecuniary Damages: Where economic rights are infringed, compensation is claimed in proportion to the actual loss directly suffered because of the infringement and the loss of profit.
• Moral Damages: Claimed where the author’s personal rights, professional reputation and personal bond with the work are harmed. The amount is set fairly by the judge according to the severity and nature of the infringement, how widespread it was and the financial situation of the parties.

4. Limitation Periods for Copyright Infringement in Turkey

Since infringements of copyright are torts, the provisions of Turkish Code of Obligations (TCO) Art. 72 apply to limitation:

• 2-Year / 10-Year Rule: Claims for damages and payment become time-barred 2 years from the date on which the injured party learned of the loss and the person liable and in any event 10 years from the date on which the act was committed. (The short limitation period, which was 1 year under the repealed Code of Obligations No. 818, was increased to 2 years by TCO No. 6098).
• Extended (Criminal) Limitation Period: If the infringement of economic or moral rights also constitutes a crime under FSEK Art. 71 and the criminal laws provide a longer criminal limitation period for that crime, this longer criminal limitation period is also applied in damages and payment actions before the civil courts in Turkey.

5. Competent Court and Jurisdiction in Copyright Cases in Turkey

• Competent Court: The specialised Civil Court of Intellectual and Industrial Property Rights (where there is no such court, the Civil Court of First Instance has jurisdiction).
• General Jurisdiction (Tort): Under the general provisions of Turkish law, cases may be brought before the court of the defendant’s place of residence (domicile) or the court of the place where the intellectual property infringement occurred / its effects arose.
• Special Jurisdiction (FSEK Art. 66/last): Under the last paragraph of FSEK Article 66, actions for prevention (men) and cessation (ref) of infringement may also be brought, in addition to the general jurisdictions above, before the court of the claimant’s (author’s) own place of residence.

The Notice-and-Takedown Process for Online Copyright Infringement in Turkey

The notice-and-takedown process for online copyright violation consists of the right holder first applying to the content provider and, if the infringement is not stopped within three days, asking through the public prosecutor for the service to be suspended. For copyright infringements committed online, Turkish law provides a fast, step-by-step legal protection mechanism that is used before resorting to heavy measures such as blocking access. This mechanism is regulated by Additional Article 4 of FSEK No. 5846.

1. Identifying the Infringement and Sending a Notice (Notice-and-Takedown) in Turkey

When the rights holder (or their authorised representative/collective management organisation) finds that their right has been infringed, they first apply to the content provider (the person/organisation offering the content). The application identifies the infringed work, the documents proving ownership of the right and the URLs of the infringing content, and asks for the content to be removed within 3 days under Turkish law.

2. Applying to the Public Prosecutor If the Content Is Not Removed in Turkey

If the infringing content is not removed within 3 days of service of the notice, the copyright holder may apply to the public prosecutor and ask for the service provided to the content provider continuing the infringement to be suspended by the service provider. At this stage, submitting the notice and proof of service relating to the first application to the Prosecutor’s Office helps the process move quickly in the Turkish legal system.

3. Blocking Access to Internet Content in Turkey

Following the application to the public prosecutor, the service provider is asked, within 3 days, to carry out the suspension of the service provided to the content provider continuing the infringement. If the infringement stops, service to the content provider is restored. In addition, under FSEK Art. 71, imprisonment of three months to two years is provided for content providers who continue the infringement in Turkey.

Difference from Law No. 5651: FSEK Additional Art. 4 is specific to infringements of economic and moral rights over intellectual and artistic works. It differs in procedure and competent authority from the access-blocking regime under Law No. 5651 (for example Art. 9/A, which regulates direct application to the Presidency of Cyber Security on grounds of privacy). Art. 9 of Law No. 5651, which regulated the removal of content and blocking of access on grounds of infringement of personal rights, ceased to have effect as of 10.10.2024 following an annulment decision of the Constitutional Court.

Are Public Authorities Responsible for Copyright Infringement in Turkey?

In cases of copyright violation, public bodies do not, as a rule, act of their own motion on behalf of the rights holder; civil and criminal proceedings begin with an application by the rights holder or the authorised collective management organisation. The way public bodies and judicial authorities become involved in copyright violations is subject to private law principles in Turkey. The limits of the responsibility of public bodies, the rule against acting of their own motion and criminal investigation proceedings that run upon a complaint are explained in detail below.

1. Responsibility of Public Bodies and the Rule Against Acting of Their Own Motion in Turkey

• Rule Against Acting of Their Own Motion: Public bodies (the Ministry of Culture and Tourism, law enforcement or administrative bodies) do not act of their own motion (ex officio) on behalf of the right holder in the event of copyright violation. Since copyright is in the nature of a private property right, starting legal proceedings is left entirely to the will of the rights holder or the authorised collective management organisation under Turkish law. The important exception to this rule is banderol inspection: Under FSEK Art. 81, the Ministry and local administrative chiefs may at any time inspect whether copies required to carry a banderol carry one, and if an infringement is found during this inspection, action is taken under FSEK Art. 75.
• Complaint Requirement (FSEK Art. 75): The investigation and prosecution of copyright crimes regulated in Articles 71 and 72 of Law No. 5846 on Intellectual and Artistic Works depend on a complaint. The right of complaint belongs to the author who holds the right, to holders of economic rights or to collecting societies with statutory authority. The complaint period is 6 months from learning of the act and the perpetrator.
• Use Without a Contract and the Applicable Legislation: If there is no valid licence or transfer contract between the rights holder and the person/organisation using the work, the act is a clear tort. In this case, FSEK No. 5846 applies first as the special law, and the provisions of Turkish Code of Obligations No. 6098 (TCO) apply as the supplementary and general law.

2. Criminal Investigation and Protective Measures Following a Complaint in Turkey

Once the right holder or collecting society files a complaint with the Chief Public Prosecutor’s Office, the process does not remain only a civil action (damages/cessation/prevention); the criminal procedure mechanism and protective measures come into play:

• Complaint and Submission of Evidence: A criminal complaint is filed with the Chief Public Prosecutor’s Office within 6 months of the date of learning of the infringement, with evidence proving authorship and the infringement (notarial record, e-Tespit, screenshots, printed copies) .
• Seizure and Search Measures: Under FSEK Art. 75, upon a complaint the public prosecutor carries out seizure of the items forming the subject of the crime under the provisions of the CCP. Under CCP Art. 127, seizure is carried out by a judge’s decision or, where delay would be harmful, by written order of the public prosecutor; a seizure carried out without a judge’s decision is submitted for a judge’s approval within twenty-four hours. In this way, unlawfully reproduced copies, manufacturing moulds and carrier media are seized.
• Temporary Order Suspending Activity: If deemed necessary, the public prosecutor may order the suspension of activity limited to the reproduction of works alleged to have been unlawfully reproduced. This order is submitted for a judge’s approval within twenty-four hours; an order not approved by the judge within twenty-four hours becomes void.
• Filing of a Public Prosecution: If sufficient suspicion is reached at the end of the investigation, an indictment is drawn up and a public prosecution is brought in Turkey before the Criminal Court of Intellectual and Industrial Property Rights (or, where there is none, the Criminal Court of First Instance). The penalty provided in FSEK Art. 71 for the act committed is sought against the perpetrator; for example, for unauthorised reproduction and distribution this penalty is imprisonment of 1 to 5 years or a judicial fine.

3. Pursuing Civil and Criminal Remedies Together in Turkey

In Turkish law, starting a criminal investigation for copyright infringement does not prevent the right holder from bringing actions before the Civil Court of Intellectual and Industrial Property Rights:

• Effect in Building Evidence: Search and seizure carried out by law enforcement on the prosecutor’s instructions, and the materials seized, provide the strongest evidential basis for FSEK Art. 68 (3 times the fee) and pecuniary/non-pecuniary damages actions to be brought before the civil court.
• Extended Criminal Limitation Period: If the infringement also constitutes a crime under FSEK Art. 71, the longer limitation periods (under TCO Art. 72) in the criminal law are also taken into account in damages and payment actions before the civil court.

How Much Is the Copyright Registration Fee in Turkey?

The copyright recording and registration fee is calculated by multiplying the indicator figures set in the Regulation by the civil servant monthly coefficient, and varies by type of work. Under the Turkish copyright law system, although protection arises automatically when the work is created, optional registration and mandatory recording and registration procedures for cinematographic/musical works carried out with the Ministry of Culture and Tourism are subject to a fee. The method of setting these fees and the calculation parameters are regulated by legislation.

1. How Are Copyright Recording and Registration Fees Determined in Turkey?

Copyright registration fees are not set as a fixed Turkish lira amount in the legislation. Under Article 11 of the Regulation on the Registration of Intellectual and Artistic Works, recording and registration fees in Turkey are calculated using a dynamic system based on multiplying the indicator figures by the civil servant monthly coefficient.

2. Copyright Recording and Registration Fees in Turkey for 2026

Taking into account that the civil servant monthly coefficient for the July–December 2026 period announced by the Ministry of Treasury and Finance is 1.575512, the current registration fees applicable in the Turkish legal system under the indicator figures in Article 11 of the Regulation are as follows:

3. Points to Note During Application and Payment in Turkey

1. Checking the Coefficient: The periodic civil servant coefficient (January-June or July-December) in force on the date of application must be used as the basis.
2. Where to Pay: Outside Ankara, the fee can be paid into branches of the Central Bank of the Republic of Turkey, and in Ankara to the cash desk of the Ministry’s Central Accounting Office; it can also be paid to the relevant account by EFT from any bank branch or through internet banking. The “name of the work” and the “name of the author” must be written in the description section of the receipt; receipts without this information are not processed.
3. Submitting the Receipt: The bank receipt is added to the application file together with the application form and letter of undertaking; applications for voluntary registration are made in person or by post in Turkey.

How Long Is Copyright Protected in Turkey?

Under Turkish copyright law (FSEK No. 5846), as a general rule copyright protection lasts for the author’s lifetime and for 70 years after their death. Copyright protection arises automatically when the work is created and takes concrete form; registration or use of a symbol is not a precondition.

1. Term of Protection for Copyright by Type of Author in Turkey

Under Law No. 5846 on Intellectual and Artistic Works, the copyright term of protection and its starting points vary depending on the nature of the authorship:

• Works by Natural Persons: Under Turkish law, for works created by a natural person, protection continues for the author’s lifetime and lasts for 70 years after their death. The period starts to run from the first day of the year (1 January) following the author’s death.
• Works Whose First Author Is a Legal Entity: Where legal entities are regarded as the first author, the term of protection is 70 years from the date the work is made available to the public (made public). The period starts on the first day of the year following the date it was made public.
• Works Whose Author Is Unknown (Anonymous / Pseudonymous): If the author’s name is not given, or a pseudonym (pen name) is used and the author’s real identity is not revealed, the protection period is 70 years from publication. The period is calculated from the first day of the year following the year in which the work was made public. If the author reveals their name before this period ends, the general rule of life plus 70 years applies.
• Works Made Public After Death: For works not published during the author’s lifetime and made public after their death, the duration of protection is 70 years from the date of death. The period begins on the first day of the year following the year of death.
• Joint Works (Created Together): For works created by more than one person as an indivisible whole, the term of protection is 70 years from the death of the last surviving author. The period starts on the first day of the year following the death of the last author.

2. How Is the Copyright Protection Period Calculated in Turkey?

The copyright protection period is calculated from the first day of the year following the year of the author’s death or the year in which the work was made public. The basic principles of the calculation under Turkish law are:

• Calendar Year Principle (1 January Rule): Days and months are not counted in calculating terms of protection. Under FSEK Art. 26, periods start to run from the first day of the year (1 January) following the year in which death occurred or the work was made public.
• Role of Publication: Making the work available to the public (publication) is not a condition for protection to arise; works not yet published also benefit from copyright protection. The date of publication sets the starting line of the 70-year period where the author is unknown or legal entities are regarded as the first author. In addition, under FSEK Art. 26, the protection period does not start to run before the work is made public.
• Expiry of the Period and No Extension: When the 70-year duration of protection ends, economic rights expire and the work passes into the public domain. The Law contains no application, renewal or registration mechanism for extending the copyright term of protection in Turkey. Works whose protection has expired can be used freely without permission and without paying a copyright fee. However, moral right powers such as naming the author and preventing distortion of the work may, if the work is considered important for the country’s culture, be exercised by the Ministry of Culture and Tourism under FSEK Art. 19.

3. What Does the © (Copyright) Symbol Do in Turkey?

The © (Copyright) symbol is a declaratory sign notifying third parties that the work is under copyright protection; it is not a condition for protection to arise. The legal function of the symbol under Turkish law can be summarised as follows:

• Declaratory Function: The letter “C” in a circle (© – Copyright) is a declaratory sign notifying third parties that the work is protected. The absence of the symbol does not mean the work is unprotected. For recorded and registered works, however, having the © sign together with the date of publication and the copyright holder’s name on the carrier materials when they are made available to the public is mandatory under the Regulation.
• Idea-Expression Distinction (Idea-Expression Dichotomy): IP law in Turkey protects not abstract ideas, methods or systems, but the concrete form in which an idea is expressed. Neither the © symbol nor any registration is enough on its own to monopolise an abstract idea.

4. How Can You Tell Whether a Work Is Protected by Copyright in Turkey?

Whether a work is protected by copyright is determined by looking at whether it qualifies as a work and whether the term of protection has expired; whether the work has been registered or carries a © sign is not decisive in this assessment. Since copyright protection arises automatically when the work is created, content that is freely accessible online or carries no sign at all is, as a rule, also protected under Turkish law.

In practice, one of the sources that can be consulted for a copyright search is the Works Database of the Directorate General for Copyright of the Ministry of Culture and Tourism. According to the Ministry, this database includes works subject to recording and registration and banderol procedures, as well as the repertoire records of the main music copyright societies such as MESAM and MSG, and shows information on the work, author, publisher and producer. However, the database serves only for information and is not proof of ownership of the right in official proceedings; a work not appearing in the database does not mean it is unprotected either.

For this reason, before a work is used, who its author is and whether the protection period is still running should be researched. In case of doubt, using the work with written permission from the author or their heirs removes the risk of infringing rights in Turkey.

How Is Copyright Transferred in Turkey?

Copyright is transferred by transferring the author’s economic rights through a written contract that lists the rights transferred separately; moral rights cannot be transferred. Under Law No. 5846 on Intellectual and Artistic Works (FSEK), the transfer of copyright covers the author’s freedom to transfer, or not to transfer, their property rights to third parties. In copyright law in Turkey, economic rights and moral rights are clearly separated in terms of their legal regime.

1. Transfer of Economic Rights and Validity Requirements (FSEK Art. 52) in Turkey

The transfer of copyright is the transfer by the author of their economic rights (adaptation, reproduction, distribution, performance, communication to the public) over the work, in part or in full, to a third party. The consequences of the transfer and its validity requirements under Turkish law are:

• Legal Consequence: Once the transfer takes place, the right passes into the transferee’s assets within the scope agreed in the contract. The transferee can exercise these rights in their own name; the author cannot use again, or transfer to someone else, the right transferred to the same extent.
• Possibility of Limitation: The scope of the transfer does not have to be absolute; partial or limited transfer is possible in terms of time, place (geographical area) and content (medium or type of right).
• Mandatory Written Form: Under FSEK Art. 52, contracts and dispositions relating to economic rights must be in writing. Transfers not made in writing are absolutely null and void in law (a condition of validity).
• Requirement to List Rights Separately (Specification Principle): The economic rights transferred (reproduction, distribution, performance, etc.) must be stated one by one and expressly in the contract. General wording such as “I have transferred all my rights” is regarded as invalid.

2. Non-Transferability of Moral Rights and Their Exercise After Death (FSEK Art. 19) in Turkey

Moral rights (making public, being named, preventing changes to the work, the author’s rights against the possessor and owner) are rights strictly personal to the author. For this reason, moral rights cannot be transferred to anyone else by contract under Turkish law.

However, moral rights do not disappear entirely on the author’s death. Under FSEK Art. 19, the power to exercise moral rights for 70 years after the author’s death belongs to the persons listed in the Law:

1. The Executor of the Will (If the author appointed one by will)
2. The Surviving Spouse, Children and Appointed Heirs (Heirs appointed by will)
3. Mother and Father
4. Siblings

Important Note: The persons listed may exercise these moral right powers in their own name, out of respect for the author’s memory, throughout the 70-year term of protection following the author’s death. This power is not a transfer of moral rights but a power of use granted directly by the Law.

3. How to Obtain Permission (a Licence) to Use a Copyrighted Work in Turkey?

To use a work protected by copyright, written permission (a licence) must be obtained from the author, from their heirs if the author has died, or from the person who has acquired the economic rights. FSEK Art. 48 provides that the author may transfer economic rights to someone else, or may only leave to someone else the power to exercise those rights, and calls the latter a “licence” (ruhsat).

A licence is a contract that permits the work to be used in a particular way without transferring the economic right itself. Since, under FSEK Art. 52, contracts and dispositions relating to economic rights must be in writing and the rights that are their subject must be listed separately, a licence agreement under Turkish law should clearly state which rights, such as reproduction, distribution, performance or communication to the public, are granted, and for what period, place and medium.

The Ministry of Culture and Tourism states that where the author cannot be reached, it is not possible for the Ministry to grant permission for use of the work. For the use of works such as music in places open to the public in Turkey, permission is obtained under FSEK Art. 41 from the right holders or the copyright societies of which they are members.

How to Obtain Copyright for a Song in Turkey?

Copyright in a song arises automatically when the music and lyrics are created; for the lyricist and composer, recording and registration is optional and serves to prove ownership of the right. In the music industry, protecting song copyright covers how authorship arises and how it is proved in disputes. Under FSEK No. 5846, although copyright in musical works arises automatically when the work is created, there are various administrative and technical legal routes for documenting ownership of the right in Turkey.

1. Recording and Registration of Musical Works in Turkey

In Turkey, the competent official body for recording and registering musical works is the Directorate General for Copyright of the Ministry of Culture and Tourism. The legislation makes a twofold distinction depending on the type of rights holder:

• Obligatory Registration for Phonogram Producers: Music producers who make the first fixation of sounds (phonogram producers) must have recording and registration carried out in order to prevent their rights being infringed, make proof easier and monitor economic rights.
• Voluntary Registration for Lyricists and Composers: Registration is not mandatory for the lyricists and composers (the authors) who create the musical work. It is possible to apply for optional recording and registration.
• Legal Nature of Registration: These recording and registration procedures do not create the right (they are not constitutive); they are administrative procedures that document the right and, in a dispute, provide a strong presumption (declaratory evidence) of authorship and the date of creation of the work.

2. Proving Copyright in a Song in Turkey

Some practical methods often used in the industry carry risks in terms of legal validity before the Turkish courts:

• Ineffectiveness of the Sealed Envelope (Mailing to Yourself) Method: The method of putting the song’s sheet music and sound recording in a sealed envelope, sending it to yourself by post/courier and not opening the envelope is not a registration or evidence procedure recognised in the legislation. Since it cannot be guaranteed that the contents of the envelope were not changed later and the seal was not broken, it does not on its own amount to reliable conclusive evidence before the courts.
• Notarial Record and Approval: A determination of content and date made through a notary public is a legal tool with high evidential value that officially documents that the work existed on the stated day and its text/composition content.

3. Notarial Approval, Digital Evidence and Time Stamps in Turkey

In recent years, technological solutions offering time stamp infrastructure to document online the dates on which songs were created have come to the fore. The legal nature of these methods under Turkish law is summarised below:

• Definition of a Time Stamp (Electronic Signature Law (ESL) No. 5070 Art. 3): A technical record verified with an electronic signature by an Electronic Certificate Service Provider (ECSP) to establish the time at which electronic data was produced, changed, sent, received and/or recorded.
• Secure Electronic Signature (ESL No. 5070 Art. 5): A secure electronic signature has the same legal effect as a handwritten wet signature.
• Evidential Value of a Time Stamp: Law No. 5070 does not attribute the character of an official registration to a time stamp on its own. A time stamp is not an administrative registration but a technical means of proof establishing date and content. In a dispute, the evidential nature and weight of time stamp records are freely assessed by the judge under the provisions of the Code of Civil Procedure.

4. How Is Song Copyright Tracked Through Collecting Societies in Turkey?

Lyricists and composers can have the economic rights arising from their songs managed and tracked through the collecting societies of which they are members. Under FSEK Art. 42, collecting societies are established to protect the common interests of their members, to manage and monitor the rights granted by the Law, and to collect fees and distribute them to right holders.

In the music sector, copyright societies such as MESAM and MSG operate in Turkey. Under FSEK Art. 41, places open to the public obtain permission from rights holders or the copyright societies of which they are members to use works and phonograms; they in turn set the tariffs for payments arising from these uses. In this way, the author can collect the fees arising from the use of their song in different media without having to track each one individually. It is possible to ensure financial security by consulting a tax lawyer in Turkey regarding the exemptions and exceptions applicable to the taxation of these copyright revenues.

How to Obtain Copyright for a Novel in Turkey?

Copyright in a novel arises automatically once the work becomes perceptible in the outside world; parts that carry originality are protected even if the novel is not yet finished. Under Law No. 5846 on Intellectual and Artistic Works (FSEK) Art. 2/1, novels, stories, poems and similar written texts are treated as works of science and literature.

1. When Does Copyright in a Novel Arise in Turkey?

Copyright in a novel arises when the work is created, with no need for any registration or publication. Novels are not among the works subject to mandatory registration in Turkey. Protection does not require publication or submission to an official body before it begins. However, to document the date of creation and content of the work for any future plagiarism or ownership disputes, the following legal and administrative routes are used:

• Optional Recording and Registration: An official presumption of ownership of the right can be created through voluntary registration with the Directorate General for Copyright of the Ministry of Culture and Tourism.
• Notarial Record and Approval: Having the novel’s draft (manuscript) approved through a notary public as to date and content provides strong conclusive evidence before the courts.
• Digital Time Stamp and e-Tespit: Under Electronic Signature Law No. 5070, obtaining a secure time stamp or recording a file summary (hash) through the e-Tespit portal of the Union of Turkish Notaries offers a practical means of evidence, subject to the court’s assessment, for digital drafts.

2. The Copyright Contract Between Author and Publisher in Turkey

Where the author transfers to a publishing house or grants it a licence to use their economic rights in the novel (reproduction, distribution, adaptation, etc.), the mandatory rules in FSEK Art. 52 et seq. must be complied with under Turkish law. Otherwise, the contract terms are regarded as invalid.

The basic statutory and mandatory elements that should appear in publishing contracts are:

• Written Form Requirement (Condition of Validity – FSEK Art. 52): Under Turkish law, transfer and licence contracts relating to economic rights must be made in writing. Oral agreements or email correspondence (unless they carry a secure e-signature) are absolutely null and void in law.
• Listing Economic Rights One by One (Specification Principle): The economic rights transferred or licensed (reproduction Art. 22, distribution Art. 23, performance Art. 24, communication to the public Art. 25, adaptation Art. 21) must be listed separately and expressly in the contract. General wording such as “All rights have been transferred to the publisher” is invalid; rights not expressly written as transferred are deemed to remain with the author.
• Time Limit: The use or transfer of economic rights should be limited to a set period (e.g. 3 years, 5 years, 10 years). At the end of the period, the rights automatically return to the author.
• Limits on Editions, Print Run and Number of Copies: How many editions (e.g. the 1st and 2nd edition) the publisher may print, and how many copies in each edition (e.g. 2,000 copies per edition), should be made concrete. Exceeding the limit amounts to unauthorised reproduction and infringement of rights.
• Geographical / Media Limit (Place of Publication): The contract should clearly separate the geographical limits of printing and distribution (Turkey only, Turkish-speaking countries or worldwide) and the type of medium (printed book, e-book, audiobook). If e-book and audiobook rights are not specifically stated, the publisher cannot sell in these media.

Can Photos on the Internet Be Used Without Permission in Turkey?

Under Law No. 5846 on Intellectual and Artistic Works (FSEK), unless expressly stated otherwise, using photos found on the internet without permission is infringement of copyright. The fact that a photo or image is accessible, downloadable or shareable online does not mean that the work has entered the public domain (public domain) or can be used freely under Turkish law.

1. Exceptions Under FSEK and Quotation Conditions for Using Photos in Turkey

FSEK introduces certain exceptions to copyright on grounds of public interest and personal use. However, these exceptions are interpreted narrowly and, as a rule, do not cover use for advertising or commercial promotion in Turkey:

• Reproduction for Personal Use Only (FSEK Art. 38): Reproductions made solely for personal use, without a profit motive and unconnected with any commercial activity. Publishing the photo on a public website or social media account does not fall within this scope.
• News and Current Events (FSEK Art. 37): Use of photos when giving news information in connection with current events. However, using the image without permission as the core of the news item or to decorate it goes beyond this exception.
• Freedom of Quotation (Citation/Quotation) (FSEK Art. 35): Taking certain parts of a work, with the source cited, to serve criticism, analysis or a scientific work.
• Three-Step Test (Three-Step Test) Principle: Under the limitations in FSEK Art. 37 and Art. 38/1 and the international agreements (Berne Convention Art. 9/2, TRIPS Art. 13), exceptions cannot conflict with the normal exploitation of the work and cannot unreasonably prejudice the legitimate interests of the author.

Important Principle: Using someone else’s photos on commercial websites, company blogs, social media or influencer advertising/promotion accounts or printed brochures falls within none of the statutory exceptions; it is a direct violation of economic and moral rights. For such uses, written permission must be obtained from the owner of the photo.

2. Analysis of the Court of Cassation 11th Civil Chamber Decision (Case No. 2012/229, Decision No. 2013/1060)

The Court of Cassation 11th Civil Chamber’s decision dated 18.01.2013 clearly sets out the legal consequences of using photos without permission online and in printed media:

A. Subject of the Case and the Parties’ Claims Before the Turkish Courts

• Facts: A newspaper published two photos belonging to a photographer without permission, without paying a copyright fee and without naming the photographer; one of the photos was used in a supplement to the newspaper, and the other both in the newspaper and on the newspaper’s website.
• Defence: Before the Turkish courts, the defendant newspaper argued that the photos in dispute were not works and that the photos had been published “to support visually the news prepared to inform the public”.

B. Assessment of the Court and the Court of Cassation

1. Photos as Works: The court held that the photos in dispute reflected the author’s individuality and the claimant’s point of view and therefore qualified as works within the meaning of FSEK; the Court of Cassation found this assessment correct.
2. Infringement of Economic Rights: It was found that the photographer’s economic rights of reproduction (FSEK Art. 22) and distribution (FSEK Art. 23) had been infringed.
3. Infringement of Moral Rights: Because the photographer’s name was not given, the right to be named under FSEK Art. 15 had been infringed.

C. Compensation Awarded and Other Legal Consequences in Turkey

• Compensation of 3 Times the Market Value (FSEK Art. 68): Under Turkish law, for reproduction and distribution without the author’s permission, financial compensation of 3 times the market licence fee to be determined for each photo was awarded.
• Moral Damages (FSEK Art. 70 / Art. 15): It was accepted that there was a separate infringement of moral rights because the author’s name had not been given, and moral damages were also awarded.

Is Quoting from a Work Copyright Infringement in Turkey?

As a rule, a quotation made in line with the conditions and limits required by law does not amount to copyright infringement. Article 35 of Law No. 5846 on Intellectual and Artistic Works (FSEK) regulates the right to quote as an exception to (limitation on) copyright, in line with the public interest, scientific progress and the freedom to disseminate ideas.

However, for a quotation to be regarded as free and lawful, the strict conditions and ethical principles set out in the Law must be met in full. Going beyond these conditions turns the quotation into unlawful quotation (plagiarism), a violation of economic/moral rights and criminal liability under Turkish law.

1. Conditions for Quotation by Type of Work (FSEK Art. 35) in Turkey

Under Turkish legislation, FSEK Art. 35 limits the cases in which quotation is permitted to three main groups, by type of work:

• Quotation from Works of Science and Literature: Some sentences and paragraphs of a work that has been made public may be included in an independent work of science and literature. This subparagraph requires the new work into which the quotation is made to be an independent work of science and literature; the Law places no restriction on the type of work quoted from.
• Quotation from Musical Works (Compositions): It is permitted to include in an independent musical work, at most, parts such as themes, motifs, passages and ideas from a published composition. Taking the whole composition or a substantial/dominant part of it goes beyond the freedom of quotation.
• Quotation from Works of Fine Art and Other Works: Works of fine art that have been made public and other published works may be included in a scientific work to the extent justified by the purpose and to illustrate its content. In addition, works of fine art that have been made public may be shown by projection and similar means in scientific lectures or classes to illustrate the subject.

2. Conditions for a Lawful Quotation in Turkey

For a quotation not to count as infringement of copyright under Turkish law, the following four basic conditions must be met together:

• Publication Condition: The work quoted from must have been disclosed to the public (made public or published). No quotation may be made from unpublished drafts without the author’s consent.
• Independence and Proportionality (Extent Justified by the Purpose): The new work in which the quotation is made must be an original and independent work in its own right. The amount quoted must not reach a level that forms the core of the new work or harms the market value/use of the original work; it should go only as far as needed to explain the subject.
• Making the Quotation Clearly Visible: The part taken must be shown so that it can be clearly distinguished from the new work’s own text (in quotation marks, as an indented paragraph or in a different font).
• Obligation to Cite the Source: The quotation must state in full the title of the work, the author’s name and where the quotation was taken from (page number, volume, publisher or digital medium information) .

3. Civil and Criminal Consequences of Unlawful Quotation in Turkey

• Criminal Liability (FSEK Art. 71/1, subparagraphs 2 and 3): Quoting from a work without citing the source (subparagraph 3) or putting one’s name on someone else’s work as one’s own (subparagraph 2) is a crime under Turkish law. The Law provides for imprisonment or a judicial fine for acts of unlawful quotation/plagiarism.
• Financial Compensation (FSEK Art. 68): Under Turkish law, since quotations that exceed their purpose or are made improperly count as unauthorised reproduction and adaptation, the author may claim compensation of up to 3 times the market licence fee.
• Compensation for Non-Pecuniary Damage (FSEK Arts. 15, 70): Failure to cite the source, or giving the author’s name wrongly/incompletely, counts as infringement of the moral right to be named and gives rise to liability to pay compensation for non-pecuniary damage.

Assessing the Relationship Between Artificial Intelligence and Copyright in Turkey

Under Turkish law, content generated by artificial intelligence without human input is considered not to qualify as a work because it does not meet the originality requirement; training AI models on copyrighted works, on the other hand, creates a risk of unauthorised reproduction. The spread of artificial intelligence technologies (LLMs, image/music generation models) is being debated in intellectual property law in Turkey along two main dimensions: the Output (Output) Dimension and the Input (Input) Dimension.

A. The Status of AI-Generated Content Under Copyright Law in Turkey (Output Dimension)

• The Human Element and the Originality Requirement (FSEK Art. 1/B & Art. 8): Under Turkish copyright law, for a product to count as a “work”, it must bear the characteristics of its author, and the author must be the person who creates the work. Although the text of the Law no longer expressly says “natural person”, the Court of Cassation Assembly of Civil Chambers has held that only natural persons can be authors, so it is considered that originality must arise from a human being’s creative contribution.
• Autonomous Output: There is no specific regulation on AI output in Turkish legislation. It is considered that images, texts or compositions produced by AI entirely autonomously, merely by giving a command (prompt), will not qualify as works because they do not carry human originality and therefore cannot benefit from FSEK protection; however, no settled Court of Cassation case law has yet formed on this point.
• Human-AI Hybrid Works: Where a human exercises intellectual control over and intervenes in the creative process (for example, where AI output is significantly reworked, structured or combined with an original design by a human), copyright protection may arise only to the extent of the original contribution added by the human.

B. Training AI Models and Data Mining in Turkey (Input Dimension)

• Data Scraping and Copyright Infringement: AI companies (OpenAI, Midjourney, etc.) pulling copyrighted books, articles, images and music into their databases without permission to train their models (data scraping) raises debate over unauthorised reproduction within the meaning of FSEK Art. 22 and adaptation within the meaning of Art. 6.
• Text and Data Mining (Text and Data Mining – TDM) Exception: Although equivalent legislation such as the EU’s Directive 2019/790 on Copyright in the Digital Single Market (Art. 4) provides an exception for TDM activities other than scientific research (including commercial ones) and gives right holders the option to expressly reserve this use in an appropriate manner, that is, to opt out of the system (opt-out), there is as yet no express data mining exception in the Turkish FSEK legislation. This increases the risk that unauthorised data scraping will be treated as infringement of copyright under Turkish law.