Developments for Local Storage in Turkey
Developments for Local Storage in Turkey Introduction and Executive Summary The National Cyber Security Strategy and Action Plan (2020-2023) was published by the Ministry of Transport and Infrastructure on December 29, 2020. It was emphasized for critical infrastructures that issues such as keeping domestically produced data within the country will play a key role in studies to be carried out to protect such infrastructures and to increase their strength. On the other hand… »
Increase on the Corporate Income Tax Rate
The Law on Amending the Law on the Procedure for the Collection of Public Receivables and the Law and Certain Laws numbered 7316 (the “Law”) was published in the Official Gazette numbered 31462 and dated 22.4.2021. Even though seven different laws have been amended with the Law, the most important regulation that is important for entities seems the amendment made in the Corporate Tax Law (the “CTL”). Pursuant to the Provisional Article 13 added to the CTL with Article 11 of… »
Assignment of Copyrights
Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) takes a very formalistic approach regarding the transfer of copyrights arising from these types of work. Under Turkish copyright law, the general principle is that the person who actually creates a work is the author of that work. The “work made for hire” concept is not accepted under Turkish law. The right transfers should be made in writing, once the work is embodied, indicating, expressly, which rights are… »
Notice and Takedown Procedure for Copyright Protection
Copyrights are amongst the most infringed-upon rights in the internet environment. On this account, Turkey applies a notice and takedown system in online copyright infringement cases as a practical tool, which is also widely recognized in many jurisdictions around the globe. In Turkey, copyrights are protected under Law on Literary and Artistic Works No. 5846 (“Law No. 5846”). According to Law No. 5846, if a work is adapted, duplicated and circulated, performed or broadcast… »
Artificial Intelligence and Copyright
Artificial intelligence (“AI”) is defined as “The ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings.” With the advancement of technology, AI systems have learned to create music and art and, furthermore, today, AI can write poems, novels, stories, and legal articles. As a result of these developments, discussions have begun regarding AI-created works of art, as well as the notion of ownership and… »
Ownership of the Works Created by the Employee
Pursuant to Law No. 5846 on Intellectual and Artistic Works (“LIAW”), the owner of the work, in principle, is the person who creates the work, and this person is the exclusive owner of the material and moral rights arising from the creation of the work. According to the LIAW, although material rights may be waived by the author or transferred to third parties, the transfer of moral rights, or waiver of these rights, are not possible in accordance with the mandatory… »