Digital works copyright protection in Turkey has become one of the most critical legal issues of our time. With the rapid expansion of social media platforms, online publications, and content-sharing services, individuals and companies face an increasing risk of their videos, photos, and articles being used without authorization. Such unauthorized usage is not only a violation of copyright law but may also trigger liability under data protection and personality rights provisions. This article aims to explain the legal framework in Turkey, remedies available for victims, and the broader international perspective.
1. What Constitutes a Digital Work under Turkish Law?
Under the Law on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu – FSEK, Law No. 5846), a work must bear the hallmark of the author’s individuality and creativity to be protected. Digital content such as photographs, videos, and written texts generally meet these criteria.
- Video: Original video content, even short clips created for social media, qualifies as a work.
- Photographs: Creative and artistic photos are directly protected. Even simple snapshots may enjoy protection if they reflect the author’s intellectual effort.
- Articles/Texts: Blog posts, academic articles, and opinion pieces are protected as literary works.
Thus, once you create such a work, copyright protection automatically arises—no registration is required.
2. Economic Rights of the Author (FSEK Articles 21–25)
The author of a digital work holds exclusive economic rights, which cannot be exercised by others without permission. The key rights are:
- Right of Reproduction (Article 22): Unauthorized copying of the work.
- Right of Distribution (Article 23): Publishing or selling copies.
- Right of Public Performance (Article 24): Displaying the work publicly.
- Right of Communication to the Public (Article 25): Sharing on YouTube, Instagram, Facebook, or websites without consent.
If your photograph is uploaded to an e-commerce site without permission, or your video is reposted on another YouTube channel, these are clear infringements of economic rights.
3. Moral Rights of the Author (FSEK Articles 14–17)
In addition to economic rights, the author enjoys moral rights, which protect the personal bond between the author and the work. These include:
- Right of Attribution (Article 15): Your name must be mentioned whenever your work is used.
- Right of Integrity (Article 16): Your work cannot be altered, cropped, or manipulated without consent.
- Right to Decide on Publication (Article 14): Only the author decides whether to publish the work.
For instance, if a news website uses your photo but removes your signature or modifies the image, your moral rights are violated.
4. Legal Remedies for Infringement
Victims of unauthorized usage of digital works have several remedies under Turkish law:
a) Civil Law Remedies
- Infringement Action (Article 66 FSEK): The court may order the infringement to cease and prevent future violations.
- Compensation (Article 70 FSEK): Authors can claim material damages (loss of income) and moral damages (loss of reputation).
- Publication Ban and Removal: Courts can order the removal of unauthorized content from websites or social media platforms.
b) Criminal Law Sanctions
- FSEK Article 71: Unauthorized reproduction, distribution, or communication of works is a crime.
- Sanction: 1 to 5 years of imprisonment or judicial fine.
This makes copyright infringement not only a civil dispute but also a criminal offense in Turkey.
c) Administrative Remedies (KVKK)
If personal data (such as face, voice, or name) is used without consent in a digital work, the infringement also falls under the Law on the Protection of Personal Data (KVKK, Law No. 6698). Victims may:
- File a complaint to the Personal Data Protection Authority (KVKK).
- Request deletion of unlawfully processed data.
- Seek administrative fines against the offender.
5. International Legal Protection
Turkey is a signatory to the Berne Convention and the TRIPS Agreement, meaning that digital works created in Turkey are protected internationally in all member countries. Conversely, foreign works enjoy protection in Turkey as well.
If unauthorized use occurs abroad, the author can rely on the Berne Convention to claim rights in foreign jurisdictions. This is particularly important for digital content, which spreads globally in seconds.
6. Common Disputes in Practice
- Unauthorized Sharing on Social Media: Photographs used in influencer accounts without credit.
- Commercial Exploitation: Videos or texts reposted on company websites without permission.
- Deepfake Manipulations: Photos or videos altered by AI tools without consent, causing reputational harm.
- NFT Minting: Digital artworks or photos converted into NFTs without the creator’s permission.
These disputes combine copyright law, data protection, and personality rights, requiring a multi-layered legal strategy.
7. Preventive Measures for Authors
Authors can take proactive steps to reduce infringement risks:
- Watermarking Photos and Videos to prove ownership.
- Notarization or Timestamp Services to verify creation date.
- Monitoring Digital Platforms regularly for unauthorized use.
- License Agreements for commercial use, clearly outlining permissions.
8. Conclusion: Victims’ Remedies
Digital works copyright protection in Turkey provides a strong legal basis for authors to safeguard their creations. Victims of unauthorized use can:
- File civil lawsuits for damages and injunctions.
- Initiate criminal proceedings under FSEK.
- Apply to KVKK if personal data is involved.
- Rely on international conventions for cross-border protection.
In practice, victims should gather evidence (screenshots, notary records, payment receipts) and seek professional legal assistance. By combining civil, criminal, and administrative remedies, creators can effectively protect their digital works.
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