Protection of Copyright in the Digital Environment in Turkey
1) What measures should be taken to protect copyright on music, videos, and images on the internet?
The Law no. 5846 on Intellectual and Artistic Works (LIAW) and the Internet Law protects copyrights of music, videos, and images on the internet that requires permission from authors and related rights holders, enforcement of technological protection measures, and liability of content providers. These copyright owners should register their works with a collecting society (e.g., MESAM, MSG, GESAM) and use digital rights management (DRM) tools to prevent unauthorized use. They may also monitor the internet for infringement and file takedown notices where necessary. After taking these measures, unauthorized use would lead to legal sanctions.
2) What are the specifics of copyright protection for content posted on platforms like YouTube, TikTok, and Instagram?
Content shared on digital platforms such as YouTube, TikTok, and Instagram are automatically protected by LIAW upon creation, without the need for registration, provided they meet the criteria of originality. This protection applies to all original intellectual works including videos, music, images, and written text, granting the creator both economic and moral rights over their work. Unauthorized use of music or the sharing of others’ visual content may constitute copyright infringement. Platforms use automated systems (such as YouTube’s Content ID) to detect such violations and may remove, mute, or monetize the content accordingly. Exceptions like fair use are applied narrowly and assessed on a case-by-case basis.
3) What legal restrictions apply to the use of third-party content on social media, and what measures can be taken to ensure compliance with copyright laws?
Using third-party content on social media without the copyright holder’s permission constitutes a copyright infringement under relevant laws, including LIAW, and may result in legal liability. Although fair use may apply in limited cases such as quotation or parody, these exceptions are narrowly interpreted and assessed case by case. To ensure compliance, it is essential to use licensed or Creative Commons content, benefit from platforms’ media libraries, and obtain written permission from rights holders when necessary.
4) What legal steps can be taken in response to the unauthorized use of content online?
In cases of unauthorized use of online content, rights holders in Turkiye may pursue legal and criminal remedies under LIAW, Turkish Commercial Code (TCC), Turkish Penal Code (TPC), and Law no. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through Such Publications (Law no. 5651). Measures such as submitting takedown requests to the relevant platforms or send a formal notice (cease and desist) directly to the infringing party, destruction of copies, compensation, and content removal or access restriction can be requested. If necessary, a civil lawsuit for pecuniary and non-pecuniary damages may be initiated before the Intellectual and Industrial Property Rights Court.
5) What legal risks arise when distributing digital content internationally?
The international distribution of digital content entails significant legal risks, including non-compliance with foreign copyright laws, violation of territorial license restrictions, and exposure to litigation across multiple jurisdictions. In Turkiye, legal obligations stem from frameworks such as the LIAW, Law no. 5651, the Personal Data Protection Law (PDPL), and the Law No. 7194 on Law on Amendments to Certain Laws and Decree-Law No. 375 Regarding Digital Services Tax (DST), which regulate unauthorized use of copyrighted works, dissemination of unlawful content, unauthorized processing of personal data, and taxation of digital revenues. Hosting and content providers are legally required to remove unlawful content upon notification. Accordingly, digital content creators and distributors must operate in full compliance with both domestic and international legal standards.
6) How can a company working in digital content implement a copyright protection policy?
Companies operating in the digital content sector are legally required to implement both legal and technological safeguards against copyright infringement under LIAW and Law no. 5651. Internal protocols must govern content creation, appropriate licenses must be secured, and software tools should be used to monitor content usage. Upon identification of unlawful content, companies are obliged to promptly remove it and respond appropriately to the rights holder’s requests. Unauthorized reproduction and distribution of protected works are prohibited, and remedies such as content removal or service suspension may be sought by the copyright owner. These policies not only ensure legal compliance but also uphold the rights of content creators.
7) What international agreements and laws regulate copyright protection on the internet, and how are they applied in practice?
Turkiye continues to uphold its commitment to important international documents such as the Berne Convention, the TRIPS Agreement, and the WIPO Internet Treaties, ensuring online copyright protection by incorporating the standards of these documents into its national legal framework through LIAW. Furthermore, Law No. 5651 regulates the obligations of content and access providers and introduces measures such as access blocking, content filtering, and safe internet services to combat unlawful content and protect minors. By ratifying the WIPO Copyright Treaty, Turkiye has aligned its legislation to safeguard authors’ rights in the digital environment. The enforcement of these regulations is carried out by competent administrative and judicial authorities, with effective legal sanctions applied in cases of infringement. These mechanisms collectively secure both the rights of copyright holders and the lawful functioning of digital platforms.
8) What should be taken into account when entering into licensing agreements for the use of digital content?
Digital content licensing agreements must clearly define the type of license (exclusive/non-exclusive), scope, duration, territorial limits, transferability, and the rights granted. The Law No. 6769 on Industrial Property (IPL) sets out the legal framework for the scope of licensing rights, quality control obligations, and cases of compulsory licensing. The agreement should also regulate breach and termination provisions, as well as the method of calculating and paying license fees. In certain circumstances, such as public interest, compulsory licenses may be granted, with fees often based on criteria like net transaction volume. A written licensing agreement ensures legal certainty by clarifying the parties’ rights and obligations and is essential for the contract’s validity and enforceability.
9) How can copyright infringement be monitored online, and what actions should be taken in response to detected instances of piracy?
Online copyright infringement can be monitored through content recognition software, manual searches, or third-party tracking services. Upon detection, rights holders may issue legal notices, submit takedown requests, or initiate legal proceedings. In Turkiye, the legal framework governing intellectual property protection and anti-piracy measures is primarily established under LIAW and Law No. 5651. LIAW prohibits the circumvention of technological protection measures and grants legal remedies to rights holders against unauthorized use, while Law No. 5651 sets out the responsibilities of content, hosting, and access providers to remove or block illegal content. Social network providers are also obligated to remove pirated content upon user complaints; these mechanisms collectively serve to safeguard authors' rights and combat the spread of infringing material online.
10) What sanctions are provided for copyright infringement on the internet, and how can their enforcement be ensured?
In Turkiye, copyright infringement is subject to both criminal and administrative sanctions under the LIAW, TPC, TCC, and Law No. 5651. Under LIAW, unauthorized use of copyrighted works may lead to judicial fines or imprisonment of up to five years. The TPC penalizes unlawful access to or interference with information systems, while the TCC provides legal remedies such as compensation for acts of unfair competition. Law No. 5651 establishes preventive mechanisms for online rights violations, including content removal and access blocking. These legal frameworks are enforced through both criminal prosecution and civil litigation to effectively protect intellectual property rights.