Copyright protection is granted under Law on Intellectual and Artistic Works No. 5846 (the “LIAW”) in Turkey. The LIAW entered into force on January 01, 1952, and was amended in the years of 1983, 1995, 2001, 2004, 2007 and, lastly, 2008. The Draft Bill on the Amendment of the Code (the “Draft Bill”) was published for public opinion on May 05, 2017; however, there is currently no indication that this Draft Bill will enter into force in the near future.
On the other hand, the…
»
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 the 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…
»
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…
»
Intellectual Property Law, in principle, rewards the creativity of owners by granting them privileged rights on related works within the scope of copyright legislations, and prohibits reproduction, transmission, representation or use of the work in other ways, without the consent of the owner. On the other hand, the “Fair Use” doctrine, which basically finds application in Anglo-Saxon legal systems, allows limited use on copyrighted work without the permission of the right…
»
The author or the owner of a work is entitled to claim compensation in the case of violation of economic and moral rights arising from the ownership of the work protected under Law No. 5846, the Intellectual and Artistic Works (the “LIAW”), in addition to other legal remedies.
Article 70 of the LIAW regulates the compensation that may be claimed based on violation of economic and moral rights, separately. Accordingly, the author whose moral rights have been infringed, is…
»
The overlapping of copyrights with other IP rights, in particular, with trademarks and designs, is a common case in many jurisdictions, including Turkey. It refers to the protection of an intellectual creation under both copyright law and trademark or design law.
In Turkey, an intellectual creation benefits from cumulative protection, if it simultaneously fulfils the criteria to be protected as a copyrighted work under Law of Literary and Artistic Works No. 5846 (“Law No.…
»
