Work titles, as signs that distinguish one work from others, may also be protected independently of the work itself. Article 83 of the Law No. 5846 on Intellectual and Artistic Works (“LIAW”) provides a general framework for this protection. Although it is stated in judicial decisions that the name of the work, although it is not a work in itself, will benefit from copyright protection as a part of the work only if it emerges as an effort that makes the work effective by…
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Digital technologies continue to influence and transform the printed publication industry, much like their impact in various other sectors. Within this scope, the European Union (“EU) adopted the Directive on Copyright in the Digital Single Market (“the Directive”) to improve copyright laws to better address the challenges arising from the complexities brought by the digital environment.
The Directive, as we reported in our articles published in previous years[1], brings…
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The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The 2022 decision of the Court of Cassation[1] and the recent decision of the 16th Civil Chamber of the Istanbul Regional Court of Appeals[2] have been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW…
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Article 83 of Law No. 5846 on Intellectual and Artistic Works (“LIAW”) stipulates that the names of works can be protected independently of the works themselves under the provisions on unfair competition. Our assessment of this protection is discussed in our article, 'Protection of Work Titles'
An important aspect of work title protection is their registration as trademarks. In practice, it is common for elements of cinematographic works, such as characters and locations, as…
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“Plagiarism” is not clearly defined in Law No. 5846 on Intellectual and Artistic Works (“LIAW”). Plagiarism, which is defined by the Turkish Language Association as "pilferage," is used in the context of intellectual and artistic works law to mean "to present someone else’s work as your own, taking a piece from someone else’s work without citing the source."
While there is no definition for plagiarism under LIAW, instances of "freedom of quotation" are clearly defined under…
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With respect to lawsuits filed in the scope of Law No. 5846 on Intellectual and Artistic Works (“FSEK") No. 5846, an important standard in terms of plagiarism is the limits of freedom of quotation. According to Article 35 of the FSEK, in order to make a quotation from a work, it is necessary to; (i) incorporate some sentences and paragraphs of a work made public, into another work of science and literature, (ii) incorporate certain elements of a published composition, at the…
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