Industrial Property & Intellectual Rights

Copyrights

We work with trademark attorneys who have experiences in intellectual property rights, and they assist you in applications for the registration of copyrights before the Ministry of Culture and Tourism.

MEMBERSHIP TO INTERNATIONAL AGREEMENTS

TREATY LEGAL DOCUMENT ENFORCEMENT
WIPO Copyright Treaty Accession: December 20, 1996 March 6, 2002
Agreement between the Government of the Republic of Uzbekistan and the Government of the Republic of Turkey for Protection of Copyrights and Similar Rights Accession: April 13, 1998 April 13, 1998
WIPO Performances and Phonograms Treaty Accession: December 20, 1996 May 20, 2002
Berne Convention for the Protection of Literary and Artistic Works July 24, 1971 at Paris   October 10, 1974
Trade-Related Aspects of Intellectual Property Rights (TRIPS) January 1, 1995*
the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations October 26, 1961 May 18, 1964

THE LEGAL FRAMEWORK

NAME ENFORCEMENT
Law No. 5846 on Intellectual and Artistic Works January 1, 1952
Law No. 6112 on the Establishment of Radio and Television Enterprises and their Media Services March 3, 2011
Regulation on Intellectual Property Common Database November 6, 2010
Regulation on Procedures and Basis for Labelling November 8, 2001
Regulation on Procedures and Principles of Certification of Businesses which File, Reproduce, Sell and Distribute Intellectual Property and Artistic Works Determined Materials April 18, 2005
Regulation on Recording and Registration of Intellectual and Artistic Works May 17, 2006
Regulation on Procedures and Principles of Intellectual Artistic Works Containing Carrier Materials and Usage of the Deductions of Fees for Technical Devices which Reproduces these Materials April 13, 2006

Law No. 5224 on Evaluation, Classification and Support of Cinema Films

July 14, 2004

Regulation on Customs Protection Duty

November 7, 2003

Regulation on Internet Public Use Providers

November 1, 2007

Regulation on Procedures and Principles on Broadcasting and/or Transmission of Works, Performance and Production

June 8, 2004

Regulation on Professional Unions and Federations of Authors and Related Right Holders

April 4, 1999

Regulation on Procedure and Principles of Use of the Intellectual and Artistic Works on Radio and Television Broadcasts

September 15, 2001

Law No. 4630 on the Amendment of Certain Articles of Law No. 5846 on Intellectual and Artistic Works

March 3, 2001

Regulations on Related Rights to the Authors of Works

November 16, 1997

Regulation on Certificate of Authority granted by Intellectual and Artistic Works Owners

September 4, 1986

COMPETENT AUTHORITY & COURTS

General Directorate of Copyright and Cinematography Department of the Ministry of Culture and Tourism implement the administrative procedure for copyright formalities in Turkey. However, the judicial authorities are responsible for the copyright enforcement in Turkey.

Competent courts for intellectual and industrial property rights in Istanbul, Ankara and Izmir are responsible for hearing copyright infringement cases in Turkey. The local civil commercial court or, in the absence of such a court, the local ordinary civil court of first instance acting as competent courts hear copyright infringement cases in other cities.

PROTECTION SCOPE OF THE COPYRIGHT ACT

In accordance with the article 1B of the Turkish Copyright Act, any type of intellectual and artistic creation having the features of its creator in the scope of science, literature, music, fine arts or cinematography is considered within the framework of copyright protection within the scope of the Act.

According to the Turkish Legislation, the work within the scope of the copyright protection shall have the features and characteristics of the author. However, it is not possible to determine features or characteristics of the author by a certain test. Furthermore, computer software and databases are within the scope of the protection of the Turkish Copyright Act.

Economic and moral rights of the author of a work are protected by copyright in Turkey. The author has a right to adapt, reproduce, distribute, communicate, broadcast or dispose of the work within the framework of the economic rights. Furthermore, within the framework of the moral rights, the author has a right to communicate the work to the public, name the work protected by the copyright after him/her and prohibit any modification on it.

In the Turkish Copyright Act, any person who interprets, presents, explains, speaks, plays or expresses a work in different manners in an original or novel way without prejudice to moral and economic rights to the owner of the work within the scope of the copyright protection is defined as ‘performing artist’. Turkish Copyright Legislation considers performing artists as the owner of their performances and prevents any kinds of alteration or impairment detrimental to their reputation (moral rights).

Moral rights are recognized in the Articles 14 to 17 of the Turkish Copyright Act which respectively give the copyright-holder following rights:

  • determining whether or not work of the copyright holder shall be disclosed to the public and the time and manner of its publishing;
  • having the exclusive authority to decide whether the work shall be disclosed to the public or published with or without the name of the author or under a pseudonym;
  • forbidding abbreviations, additions or other modifications of a work within the scope of copyright protection or of the name of its author without his consent;
  • demanding the owner or possessor of the original to temporarily avail himself of the original of works provided that the conditions for protection are fulfilled, where necessary.

Article 15 and 17 are unassignable rights with respect to the fact that they cannot be abdicated by a contract the style of disclosure and the type of alteration harm the reputation of the owner or the nature and characteristics of the work.

Also, after receiving authorization of the author, performing artists have the exclusive right to record their performance and to reproduce, distribute, communicate, rent, lent and to broadcast their recordings (economic rights).

The rights of performing artists, record companies producing the sound recording for the first time, broadcasting organizations are within the scope of neighboring rights according to the Copyright Act in Turkey.

Original or creative works shall be within the scope of the copyright protection as per the general principles of the Turkish Copyright Act. Architectural works and designs, urban designs, projects, and plastic models are protected by copyright according to the Article 2 paragraph 1(3) of the Turkish Copyright Act. The provision also includes all photographic works, maps, plans, models and blueprints of a technical and scientific nature having no aesthetic characteristic.

In Turkey, originality of a works is analysed and evaluated by considering the case only its own context and by considering the characteristics of a work reflecting personality of the author. Ideas and principles, on which any element of a computer program is based, including those on which its interfaces are based, are not deemed works within the scope of the copyright protection according to the Article 2, paragraph 2 of the Turkish Copyright Act.