Insights
“7 Notes” and the Dilemma of Originality: The Limits of Plagiarism and Inspiration in Musical Works
Although “plagiarism” is not defined under Law No. 5846 on Intellectual and Artistic Works (“LIAW”) it is widely accepted in Turkish law as the act of using and appropriating the intellectual or artistic work of another without the permission of the owner. Similarly, “inspiration”, which does not have a clear definition or criteria in the LIAW systematic, means the creation of a new and original work by being influenced by another work. While drawing inspiration from existing… »
The Impact of Artificial Intelligence on the Music Industry
One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was… »
Protection of Digital Fonts Under Copyright and Design Law
Digital fonts combine aesthetics and functionality as a key element of modern design and digital communication. A digital font consists of codes that define how it shall appear on screen[1]. These codes enable fonts to be created and used in the digital environment. In this scope, whether fonts expressed as computer software can be protected under the umbrella of intellectual property law has been subject of various debates. This article aims to discuss how fonts can be… »
Freedom of Quotation in Cinema Works
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… »
The Karalis Case: A 20-Year Legal Odyssey
More than 20 years of copyright litigation has finally ended in favor of Yannis Karalis a Greek composer and lyricist. While the dispute has made a lot of noise with the inclusion of prominent names in the music industry among the defendants, it also draws attention to the problematic points in the judicial system in terms of the length of the trial process. As discussed in our previous article, in the context of the relevant dispute, Yannis Karalis (the Claimant) filed an… »
Bit Palas vs. Sinek Sarayı: A Debate on Plagiarism in Creative Works
“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… »
Creative Signatures: How a Work Reflects Its Author’s Unique Characteristics
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… »
An Evaluation on the Trademark Registration of Work Titles
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… »
Protection of Work Titles
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… »
Never Ending Delay for Administrative Revocation of Trademarks
In accordance with Article 26 of the Industrial Property Law (“IP Code”) no. 6769, interested persons may request the Office to revoke a trademark pursuant to paragraph 2 of Article 26 and the decision for revocation of a trademark can be taken accordingly. For a long time, the authority to revoke the trademarks belonged to the IP Courts as regulated by the former Decree Law no. 556 on the Protection of Trademarks. However, with the entry into force of the IP Code on January… »
How to Become a Responsible Influencer?
As of January 2024, there are 57.50 million social media users in Türkiye[1], and digital platforms hold the largest share of advertising investments at approximately 71.2% for the year 2024[2]. Within these digital investments, social media influencers account for 5%, underscoring their significant role in shaping consumer behaviour. Given the influence of social media influencers on consumption patterns, the importance of adhering to legal regulations concerning… »
New Rules for Content Ratings in Television Programs
The Regulation on Broadcasting Services (“'Regulation”) was amended by the Radio and Television Supreme Council and these amendments were published in the Official Gazette No. 32575 on 13 June 2024. These recent amendments are particularly relevant for news programs and, in some cases, live broadcast programs. The amendments introduced the following new rules, which are also in concern with the content rating for television programs: The Content Rating requirement is now… »
News and Events
Baran Güney spoke at “Consumer Endorsements and Reviews - An International Perspective" Webinar
In an era where consumer endorsements and reviews critically shape purchasing decisions, understanding the legal landscape is critical for companies aiming to leverage this powerful marketing tool. Baran Güney, managing associate in our TMT practice, recently shared his expertise on this subject as part of the Global Advertising Lawyers Alliance panel during the "Consumer Endorsements and Reviews - An International Perspective" webinar, hosted by the American Bar…
Güldeniz Doğan Alkan and Mutlu Yıldırım Köse Will Attend the MARQUES Spring Team Meeting 2024 in Amsterdam
The 22nd MARQUES Spring Team Meetings will take place on the 7th and 8th March 2024 in the Hilton Hotel, Amsterdam.This meeting provides a unique opportunity for Team and Council members to network in an exclusive setting to develop strategies and plan the way forward, whilst gaining up-to-date news of the activities of all the MARQUES Teams.
Zeynep Çağla Üstün and Cansu Evren Made a Brief Presentation on Patent and Trademark Law to ELSA
We hosted ELSA on January 18, 2024, where our senior associates, Zeynep Çağla Üstün and Cansu Evren, made a brief presentation on Patent and Trademark Law and shared their experiences of working at Gün + Partners.…
İrem Girenes Yücesoy Spoke At The "Careers in Law" Event Organized By Koç University Law Club
Our senior associate İrem Girenes Yücesoy participated as a speaker at the 'Careers in Law' event organized by Koç University Career Development Center and Koç University Law Club on Tuesday, December 26, 2023. İrem shared her experiences related to a career in an institutional law firm with law school students, providing information about Gün + Partners' activities, practice areas, the internship application process, and workplace experience.'…
Announcement of New Managing Associate and Senior Associate Promotions, 2024
We are pleased to announce the promotion of our lawyers Begüm Soydan Sayılkan, Dilan Sıla Kayalıca, İrem Girenes Yücesoy and Zeynep Çağla Üstün to managing associate; Aysu Eryaşar, Edanur Atlı, Elif Melis Özsoy, Havva Yıldız, Kendal Basut and Selin Bilik to senior associate taking effect from February 1, 2024.
Dicle Doğan Has Been Recognised as Mondaq Thought Leading Author
We are delighted Dicle Doğan has been recognised as Mondaq Thought Leading Author for the Food, Drugs, Healthcare, Life Sciences Category at the Mondaq Autumn 2023 awards. The winners have demonstrated exceptional knowledge and insight, providing valuable legal insights and advice to our global audience. Find more thoughts in our Insights page.
Begüm Yavuzdoğan Okumuş Recognized in Who's Who Legal: M&A and Governance 2023
WWL: M&A and Governance identifies the leading figures in the global corporate legal market who stand out internationally for their first-class work managing a spectrum of corporate transactions, ranging from takeovers to acquisitions to IPOs, and advising clients on an array of corporate issues, including shareholder activism, takeover defence and regulatory compliance. https://www.lexology.com/firms/gun-partners/_beg_m_yavuzdo_an_okumu_
We are Attending the 12th IBA European Corporate and Private M&A Conference in Paris
We are pleased to announce our participation at the 12th IBA European Corporate and Private M&A Conference, which will be held in Paris on 8-9 Feb 2024 and extend an invitation for a potential meeting during the event. Görkem Bilgin, partner, and Yalçın Umut Talay, managing associate, will be representing Gün + Partners at the conference. If you are interested in exploring collaboration opportunities or simply reconnecting, please feel free to get in touch with them. We…
Beril Yayla Sapan and Asena Aytuğ Keser Recognized in Who's Who Legal: Commercial Litigation 2023
We congratulate Beril Yayla Sapan and Asena Aytuğ Keser on being selected among world’s leading practitioners in the Who's Who Legal: Commercial Litigation 2023 WWL: Commercial Litigation provides an in-depth analysis of the foremost litigators around the world who are singled out for their outstanding ability within this contentious context, as well as standout practitioners aged 45 or younger as future leaders in the market. WWL says: Beril Yayla Sapan is a top name in…
Hande Hançar and Baran Güney Spoke at Özyeğin University
Hande Hançar and Baran Güney participated as speakers in the Advertising Law class at Özyeğin University Faculty of Law. They shared their knowledge and experiences about legal regulations on social media advertising.…
Mehmet Gün, Özge Atılgan Karakulak and Selin Sinem Erciyas are Listed in IAM Global Leaders 2024
We are pleased to announce that our founding partner Mehmet Gün and partners Özge Atılgan Karakulak and Selin Sinem Erciyas, have been recognized as IAM Global Leaders for the year 2024. This prestigious distinction is reserved for individuals who attain the gold tier ranking in the IAM Patent 1000, an authoritative directory that identifies the foremost law firms and attorneys in key patent jurisdictions around the world. This recognition reflects our firm’s commitment to…
We are Attending the INTA 2023 Leadership Meeting
Our firm will be represented by Uğur Aktekin, partner of our Intellectual Property practice and Pınar Arıkan director of the IP prosecution practice at the INTA (International Trademark Association) 2023 Leadership Meeting in Houston, Texas. For all details about the event please click here.