What is Copyright?

Copyright arises automatically upon the creation of intellectual and artistic works. Authors do not even need to register their works for copyright to come into existence. However, authors may voluntarily register their works through a Notary Public or the Ministry of Culture and Tourism. Of course, there are certain works for which registration is mandatory; we will discuss these works later in this article. As an intellectual property right, copyright enables authors to protect the originality of their works. Copyright covers music, videos, paintings, sculptures, books, photographs, and all types of works created with original thought. Through copyright, authors legally protect their works. Thus, they can claim rights over their works from the moment of their creation.

Copyrights are divided into pecuniary (economic) rights and moral rights in our law. The moral rights granted to the author by copyright include the right to make the work available to the public, the right to claim authorship, and the right to prevent alteration of the work. Pecuniary rights, on the other hand, include the rights of adaptation, reproduction, distribution, performance, and communication to the public. According to these rights, the author can adapt their work, make different copies, and rent, sell, or distribute them. They may have the right to perform their work and have the original or reproduced versions broadcast by broadcasting entities such as television, or by digital transmission platforms.

Copyright aims to protect the creator's proprietary rights over their work, thereby encouraging them to produce new works. Naturally, certain conditions must be met for a work to be protected by copyright. Briefly, these conditions are: the work must be original, expressing the creator's unique thought. It must belong to a category of works protectable under this right. For example, many works such as books, paintings, photographs, music, films, and sculptures are protectable under this right. Furthermore, the work must be fixed in a tangible medium of expression. It is not possible to claim rights over something merely conceived in the mind.

We previously mentioned that copyright arises automatically upon the creation of a work, without the need for registration, although voluntary registration is possible. However, for certain works, registration is mandated by law. Musical works and cinematographic films are among those works for which registration is mandatory. When a musical work or cinematographic film is created, an application must be made to the Ministry of Culture and Tourism to obtain copyright. Initial applications are made through the website of the General Directorate of Copyright. Once it is proven that the work is your original creation, a copyright certificate is obtained. Approved documents are prepared in duplicate; one copy is given to the relevant person, and the other is kept in the archives of the General Directorate of Copyright.

What Is Copyright Infringement?

Copyright infringement occurs if a work is reproduced, copied, sold, distributed, used in other works, or displayed in a manner requiring permission, without the permission or knowledge of the rights holder. However, the law does not explicitly prescribe a specific sanction for copyright infringement. In case of infringement, it is necessary to pursue legal action, presenting the copyright as evidence. The copyright holder may file a complaint and claim damages based on the infringement.

What Lawsuits Can Be Filed in Case of Copyright Infringement?

The author may file a criminal complaint pursuant to Article 71 of the Law on Intellectual and Artistic Works, and may also initiate a civil lawsuit. You can find comprehensive information about filing a lawsuit in our article titled "How to File a Lawsuit." The lawsuits that can be filed in case of infringement of pecuniary and moral rights over a work, along with their explanations, are as follows:

Action for Cessation of Infringement (Ref'i Davası): The rights holder whose pecuniary or moral rights have been infringed may file this lawsuit. To file this lawsuit, the infringing act or its legal consequences must still be ongoing. The primary purpose of this lawsuit is to have the ongoing infringement removed by the court taking measures, and to prevent the rights holder from suffering further damage.

Action for Prevention of Infringement (Meni Davası): An author whose pecuniary and moral rights are under threat of infringement may file an action for prevention of infringement to avert such infringement. The primary purpose of this lawsuit is to prevent acts that would constitute an infringement, which have not yet occurred but pose a high risk of occurring.

Declaratory Action: Anyone with a legitimate legal interest may file a declaratory action to determine whether pecuniary and moral rights over a work have been infringed.

Action for Damages: This is divided into actions for pecuniary damages and moral damages. An action for pecuniary damages may be filed against those who adapt, perform, reproduce, distribute, or communicate a work to the public via audio and visual means without the rights holder's permission. The rights holder(s) may claim as pecuniary damages either the amount that would have been agreed upon in a contract with the infringing party, or up to three times the fair market value determined in accordance with the FSEK.

Individuals whose moral rights have been harmed may file an action for moral damages against the person who committed the infringing act. The existence of an unlawful act constituting an infringement of moral rights is required. It is irrelevant whether the person who committed the unlawful infringing act was at fault or not. The amount of damages may vary depending on the infringement and the economic situation of the infringer.

What Is the Penalty for Copyright Infringement?

Individuals involved with works that are reproduced, distributed, sold, purchased, or publicly displayed without the rights holder's permission are penalized according to the Turkish Penal Code. Persons who have infringed copyright may be sentenced to imprisonment from 1 to 5 years and a judicial fine. Those who present another person's work as their own may be sentenced to imprisonment from 6 months to 2 years.

What Are Copyright Registration Fees?

A certain fee must be paid for the mandatory or voluntary registration of copyright. On the website of the General Directorate of Copyright, a processing fee of [Price Information Removed] is charged for voluntary registration applications. Furthermore, Article 11 of the Regulation on the Registration of Intellectual and Artistic Works contains provisions regarding registration fees. According to the relevant article of the regulation, the registration fee is determined by multiplying an index figure of 1000 or 5000 by the civil servant's monthly coefficient.

How Long Is Copyright Valid?

A work is protected for the lifetime of the author and for 70 years after their death. If multiple individuals have jointly created a work, the death date of the last surviving co-author is taken as the basis. If the author is a legal entity, the term of protection is regulated as 70 years from the date of public disclosure in the Law on Intellectual and Artistic Works. The protection period does not commence before the work is made public. In other words, public disclosure is necessary for the protection period to begin. In the event of the author's death, when calculating the term, the first day of the year following the year of death is considered the starting date. For example, for an author who died in mid-2005, the 70-year protection period would begin on the first day of 2006. If the author is a legal entity, the first day of the year following the year in which the work was made public is considered the starting date. When the protection periods expire, the pecuniary rights granted to the author terminate. This means the work becomes freely available for use by anyone without the author's permission.

What Is Copyright Assignment?

Through copyright assignment, all rights over the work become exercisable by the assignee. Unless otherwise stipulated in the contract, the rights subject to the contract may also be assigned to third parties. With the assignment, the assignor transfers their rights to the assignee, enabling the assignee to exercise these rights as if they were the author. However, moral rights remain with the creator of the work even if the copyright is assigned. Moral rights are inalienable rights strictly tied to the author; they cannot be transferred either through inheritance or legal transactions.

How Is Copyright Assigned?

Copyright agreements must be made in writing. Each pecuniary right subject to the agreement must be specified individually. Using a phrase like "I assign all my rights" renders the agreement invalid. The author has the right to assign some of their rights while retaining others. Therefore, each pecuniary right to be assigned must be enumerated individually in the agreements.

In this article, we have attempted to provide you with information on frequently asked questions regarding copyright. You may also ask any questions you have.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy