Copyright Infringement in Turkey has gained significant importance in the modern digital era. Copyright refers to the legal right that creators hold over their original work. This includes the exclusive right to reproduce, distribute, publicly display, or make adaptations of the work. However, this right is often infringed upon, leading to several legal repercussions.
In this article, we delve into the sphere of copyright infringement in Turkey, shedding light on its legal implications, the remedies available, how to stop copyright infringement, and more.
Table of Contents
ToggleUnderstanding Copyright
Definition of Copyright
Copyright is a legal term describing the rights given to creators for their literary, artistic, or musical work. It includes a range of rights, such as the right to reproduce the work, to perform or broadcast the work, to translate the work, and to adapt the work.
Scope of Copyright
The protection granted by copyright is not limited to books, manuscripts, and similar literary works. It extends to other types of work such as:
- Scientific and literary works
- Musical compositions
- Fine arts including paintings and sculptures
- Cinematographic works including films and movies
Copyright Laws in Turkey
In Turkey, the primary legislation regulating copyright protection is the Turkish Intellectual and Artistic Works Law No. 5846. The law protects the rights of authors of literary and artistic works and their heirs. Additionally, the Turkish Code of Obligations (Law No. 6098) and the Turkish Code of Civil Procedure (Law No. 6100) also contain provisions relevant to copyright protection and enforcement.
Understanding Copyright Infringement
What Constitutes Copyright Infringement in Turkey
Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. This includes the use of a protected work without the consent of the rights holder or beyond the scope of a license agreement.
In Turkey, specific acts are deemed to infringe upon a copyright. These include:
- Using the material rights of the respective rights holder without permission
- Identifying oneself as the owner of the work
- Quoting a work without reference
- Disclosing the content of a work that is not made public
- Violating the banderol obligation (a banderol is a control stamp affixed to certain goods, such as alcohol and tobacco products, indicating that the required tax has been paid)
Secondary Liability in Copyright Infringement
Secondary liability exists for indirect copyright infringement in Turkey. This means that a person or entity can be held liable for copyright infringement even if they did not directly engage in the infringing act. This can include service providers, employers whose employees infringe copyrights, and persons who possess illegally reproduced copies of a work for commercial purposes.
Legal Remedies for Copyright Infringement
Civil Remedies
Rights owners and authors of a protected work can seek civil remedies against the infringer. These can include:
- Preliminary injunctions
- Actions for prevention and prohibition of the infringement
- Claims for material and moral damages
Criminal Remedies
In addition to civil remedies, copyright infringement can also lead to criminal sanctions under Turkish law. These can include imprisonment and punitive fines.
Online Copyright Infringement
In cases where the material and moral rights of rights owners have been violated through online platforms, rights owners can apply to the service or content provider for removal of the content. The service and content providers are obliged to remove the content within three days upon this application.
Preventing Infringement
Copyright infringement can be prevented in several ways. These include seeking preliminary measures, filing actions for the prevention and prohibition of the infringement, notifying content providers infringing copyright, and enforcing customs measures.
How to Stop Copyright Infringement in Turkey
One of the key aspects to consider when dealing with infringement cases is the need for professional legal help. At Han & Partners Law Firm, we have a team of English and Turkish-speaking attorneys who can provide this legal service with an excellent record of service. Our team can assist you with all types of issues related to copyright infringement.
We can provide you with comprehensive advice and solutions, whether you are an individual creator, a small business owner, or a large corporation. Our services extend beyond just providing legal advice – we aim to deliver strategic solutions that protect your rights, add value to your business, and contribute to your success.
Frequently Asked Questions
1. What is the statute of limitations for copyright infringement in Turkey?
If an infringement arises from a contract between the rights owner and an infringer, the time limit for filing a civil action is 10 years. If an infringement constitutes a tort, the time limit is two years from the time the claimant becomes aware of the damage and the identity of the infringer. In any case, the time limit is 10 years from the commencement of an infringement.
2. Are monetary damages available for copyright infringement?
Yes. Rights owners whose rights are violated can claim indemnification for moral and material damages suffered. They can also claim the payment of compensation up to three times the amount that could have been demanded if the right had been granted by contract.
3. Can attorneys’ fees and costs be claimed in an action for copyright infringement?
Yes. According to the Code of Civil Procedure Law, the losing party is obliged to pay the fees, trial expenses, and official attorney fees.
4. How can copyright infringement be prevented?
There are several ways to prevent copyright infringement. These include seeking preliminary measures, filing actions for the prevention and prohibition of the infringement, notifying content providers infringing copyright, and enforcing customs measures.
5. What is the role of Han & Partners Law Firm in copyright infringement cases?
At Han & Partners Law Firm, we provide comprehensive legal services to clients dealing with copyright infringement issues. Our team of attorneys can assist with all types of issues related to copyright infringement, providing strategic solutions that protect your rights, add value to your business, and contribute to your success.
Conclusion
Dealing with copyright infringement in Turkey can be complex and challenging. With the rapid advancements in technology, the scope and complexity of copyright infringement cases have significantly increased.
It is essential to have an expert legal team by your side to effectively navigate through these complexities. At Han & Partners Law Firm, we provide comprehensive legal services to effectively handle copyright infringement cases. With our deep understanding of Turkish copyright law and a clear focus on protecting the rights of our clients, we are well-equipped to deliver the best possible outcomes.
