Copyright Law in Turkey Key Development and Predictions

In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.

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 European Union’s Directive on Copyright in the Digital Single Market 2016/0280/COD (the “Copyright Directive”), which is intended to accommodate the digital age, was approved by the European Council on April 15, 2019, and came into force on June 7, 2019. Accordingly, it has been a concern as to how the Copyright Directive will be reflected in the Turkish Copyright Law and the mentioned Draft Bill.

Due to its broad content and different approaches, copyrights may be defined as the least harmonized field of intellectual property, as compared to others in the world. Therefore, not surprisingly, the implementation of similar matters differs amongst countries.

In an age where digital media has become wide-spread, and television formats gain great importance in Turkey, like the rest of the world, protection of digital media content, and television formats, have become common and highly debated topics in copyright law and, likewise, the cumulative protection for intellectual works, as well as the determination of compensation in cases of infringement.