1. Introduction
With the rise of digital platforms such as Netflix, BluTV, and Spotify, access to films, series, and music has become easier than ever. However, online piracy and unauthorized subscription sharing have also grown significantly. These issues raise serious concerns under Turkish Intellectual Property Law (Fikir ve Sanat Eserleri Kanunu – FSEK) as well as contract and consumer law.
2. Legal Framework under Turkish Law
a) Unauthorized Distribution (Piracy)
- Article 71 FSEK: Any person who reproduces, distributes, or communicates a work to the public without the authorization of the rightsholder is subject to 1–5 years imprisonment and judicial fines.
- Article 72–73 FSEK: Rightsholders may also initiate civil claims for damages (pecuniary and non-pecuniary).
- Article 68 FSEK: In addition to actual damages, the rightsholder may request up to three times the license fee that would have been payable.
Thus, uploading Netflix or Spotify content to a pirate website or distributing via torrent/IPTV is both a criminal offense and a civil wrong.
b) Subscription Sharing Issues
A different but related question is whether sharing a single-user subscription (e.g., one Netflix account purchased by a single individual but shared with others in a dormitory or workplace) constitutes a legal violation.
- Contractual Aspect: Subscription agreements of Netflix, BluTV, and Spotify usually specify “personal and non-commercial use” and often restrict password sharing outside the household. Violating these terms does not automatically trigger FSEK criminal liability but can amount to breach of contract.
- Civil Liability: Platforms may suspend or terminate accounts and, theoretically, claim damages if widespread misuse is proven.
- Criminal Aspect: If subscription sharing turns into a commercial activity (e.g., reselling access to one account to many users), this may constitute unauthorized public communication under FSEK and thus qualify as a crime.
- Private Use Exception: Occasional sharing within a family household is generally tolerated, but systematic use in dormitories, internet cafés, or workplaces may be treated as unauthorized use.
3. Remedies for Rightsholders
- Criminal Complaint: Filing before the Public Prosecutor under FSEK Article 71.
- Civil Lawsuit: Demanding damages and license fees under FSEK Article 68.
- Access Blocking & Content Removal: Requesting takedowns under Law No. 5651 for illegal websites.
- Contractual Remedies: Termination of the subscription agreement, suspension of accounts, and civil compensation claims.
4. Court of Cassation Practice
The Court of Cassation (Yargıtay) consistently rules that:
- Uploading copyrighted works to a website without authorization constitutes public communication and falls under FSEK Article 71.
- Subscription misuse may not always reach the level of criminal liability, but where commercial intent or systematic unauthorized access exists, it may be prosecuted.
5. Conclusion
Online piracy (illegal streaming, unauthorized sharing on pirate sites) is clearly a criminal offense and gives rise to civil liability under FSEK.
Subscription sharing, on the other hand, depends on the context:
- Family household sharing is generally considered contractual tolerance.
- Dormitory, workplace, or commercial sharing is unauthorized use, potentially leading to breach of contract, termination of subscription, civil liability, and in aggravated cases, even criminal consequences.
Thus, rightsholders such as Netflix, BluTV, and Spotify have strong remedies under both criminal law and civil law in Turkey.
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