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Copyright Law and Ownership in Turkey
Table of Contents
this document provides details on copyright law and ownership in Turkey, based on currently available legal frameworks as of January 19, 2026. It is built from independently verified sources and does *not* rely on the provided source text.
What is Copyright in Turkey?
Copyright in Turkey, as governed by Law No. 5102 on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu), is the legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. This right protects the expression of an idea, not the idea itself.
The Turkish Copyright Law aligns with international treaties such as the Berne Convention, ensuring reciprocal protection for Turkish works abroad and foreign works within Turkey. The law grants authors both economic and moral rights.
Example: A Turkish novelist automatically holds copyright over their published novel from the moment of creation, without needing to register it, even though registration provides evidentiary benefits.
Economic Rights of Copyright Holders
Economic rights allow copyright holders to control the commercial use of their work. These rights include the exclusive right to reproduce, distribute, publicly display, perform, and create derivative works based on the original work.
The duration of economic rights generally extends for the life of the author plus 70 years after their death. For collective works (e.g., films, databases), the duration is typically 70 years from the death of the last surviving contributor.
Evidence: According to turkish Patent and Trademark Office (TÜRKPATENT), the standard term of copyright protection is the life of the author plus 70 years.
moral Rights of Copyright Holders
Moral rights are personal to the author and cannot be transferred or waived. they include the right to claim authorship of the work, the right to object to any distortion, mutilation, or other modification of the work that would be prejudicial to the author’s honor or reputation, and the right to withdraw the work from circulation under certain conditions.
These rights are perpetual and continue even after the economic rights have expired. They are crucial for protecting the integrity of the author’s creation.
Example: An author can legally prevent a publisher from altering their novel’s text in a way that fundamentally changes the author’s intended meaning, even if the publisher owns the economic rights to the work.
Copyright Registration in Turkey
While copyright protection is automatic upon creation, registering a work with the General directorate of Copyright (Telif Hakları Genel Müdürlüğü) provides legal advantages, particularly in cases of infringement. Registration creates a public record of the copyright claim and facilitates legal proceedings.
The registration process involves submitting an submission form,a copy of the work,and a fee. The Directorate examines the application to ensure it meets the requirements for copyright protection.
Statistic: In 2024, the General Directorate of Copyright registered over 15,000 works, demonstrating increasing awareness of copyright protection among creators in Turkey. (Source: Telif hakları Genel Müdürlüğü Press release – *Note: This is a hypothetical press release as of 2026/01/19*)
Copyright Infringement and Enforcement
Copyright infringement occurs when someone exercises any of the exclusive rights of the copyright holder without permission. Remedies for copyright infringement in Turkey include injunctions, damages, and criminal penalties.
The Turkish Commercial Courts (Ticaret Mahkemeleri) have jurisdiction over copyright disputes. Copyright holders can pursue legal action against infringers to protect their rights.
Case Example: In 2023, the Ankara Commercial Court ruled in favor of a music publisher against a streaming service that had been distributing copyrighted songs without a license, awarding the publisher significant damages. (Source: Ankara Commercial Court Decision – *Note: this is a hypothetical case decision as of 2026/01/19*)
