Images, Photos and Logos from the Internet: What You Can and Cannot Use in Turkey

Images photos and logos from the internet in Turkey may look free at first glance, but under Turkish copyright law they are usually protected works that you cannot simply copy and paste into your business materials.

In other words: images, photos and logos from the internet in Turkey are not a free buffet. This guide explains what you can and cannot do with them under FSEK, the Industrial Property Code (SMK) and the Turkish Commercial Code (TTK).


1. How Turkish law classifies images, photos and logos

1.1. Photos and illustrations as “works of fine arts”

Under FSEK Article 1/B, a “work” is any intellectual and artistic creation that bears the author’s personal imprint and fits one of the protected categories. Article 4 lists “fine arts works” (güzel sanat eserleri) and expressly includes:

  • photographs and works produced by similar methods,
  • paintings, drawings, graphic works,
  • designs, illustrations and other visual works.

So:

  • A professional photograph on a travel blog,
  • a custom icon set designed by a graphic artist,
  • a product shot with a particular composition and editing,

are almost always protected works. The photographer or designer holds economic rights (adaptation – m.21, reproduction – m.22, distribution – m.23, communication to the public – m.25) and moral rights (m.14–16).

1.2. Logos as both copyright and trademark

Most logos are:

  • original graphic designs → fine arts works under FSEK Article 4, and
  • trademarks under the Industrial Property Code (SMK), often registered.

Using another company’s logo in your materials therefore touches:

  • copyright (the logo as a work),
  • trademark law (the logo as a badge of origin), and
  • potentially unfair competition (TTK Articles 54–55) if you create confusion or exploit reputation.

1.3. The internet is just a medium, not a free-use zone

It does not matter that an image is “publicly visible” on Instagram, Google Images or another website. Uploading does not mean “I give up my rights”. The same author’s rights that would apply to a photograph printed in a book apply equally to the same photograph on a website.


2. Typical online uses that do need permission

Let’s start with the uncomfortable truth: most business uses of images, photos and logos from the internet require prior permission or a licence.

2.1. Copying images from Google Images or other websites

If you:

  • right-click and save a picture, then upload it to your own website, or
  • screenshot an illustration and use it in your brochure or presentation,

you are:

  • reproducing the work (FSEK m.22) and
  • making it available to the public (FSEK m.25).

Unless you have:

  • a valid stock licence,
  • a contract with the photographer/designer, or
  • a clear open licence (e.g. certain Creative Commons licences which allow commercial use),

this is usually unlawful.

“Found on Google” is not a legal basis. Search engines index content; they do not grant licences.

2.2. Cropping, editing or “slightly changing” a picture

Many people think: “If I crop it, add a filter or put my logo on it, it becomes mine.” Legally, it is the opposite.

  • Cropping, recolouring, adding text or combining images is usually an adaptation (işleme) under FSEK Article 21.
  • The adaptation right belongs exclusively to the right holder.
  • You may also infringe moral rights (integrity of the work – m.16) if your editing “distorts” the work.

So a heavily edited version of a photograph can still be an infringing derivative work.

2.3. Using “no-watermark” or “right-click allowed” images

The absence of a watermark or technical protection does not mean “no copyright”.

  • Removing a watermark or cropping it out is itself a strong sign of bad faith.
  • Using images that someone else has already stolen (e.g. from a pirate site) does not protect you; you may still be liable as a secondary infringer.

For a commercial website, using unlicensed images is a serious compliance problem, not a detail for the intern.

2.4. Using other companies’ logos

Typical risky behaviours:

  • Putting a big brand’s logo on your homepage to imply partnership, without any contract.
  • Using competitors’ logos in comparative advertising without respecting advertising and unfair competition rules.
  • Including payment or marketplace logos (Visa, MasterCard, Trendyol, etc.) without permission or outside the official brand usage guidelines.

Here you may simultaneously:

  • infringe copyright on the logo design,
  • infringe trademark rights if there is a confusing or dilutive use, and
  • commit unfair competition under TTK Articles 54–55.

Consequence: takedown demands, court orders, and in serious cases damages and loss of reputation.


3. When can you use visuals without permission?

Turkish law does recognise some narrow exceptions and limitations. But these are not a general “free use” licence for business websites.

3.1. Private use copies (FSEK Article 38)

Individuals may make copies of a work for their personal use, as long as they do not seek profit and do not harm the normal exploitation of the work.

Examples:

  • Saving a wallpaper to your phone background.
  • Downloading a photo to study its composition privately.

But:

  • Uploading that same image to your firm’s homepage,
  • posting it in a commercial social media campaign, or
  • printing it on brochures

is no longer private use; it is public communication and almost always requires permission.

3.2. Quotation (iktibas) and scientific use (FSEK Article 35)

Article 35 allows limited use of images in:

  • scientific works, where reproducing the image is necessary to explain or critique it, and
  • certain compilations and anthologies.

Conditions:

  • the original work must be lawfully published,
  • your own work must be independent,
  • the image must be used in a proportionate way, and
  • the author and source must be clearly indicated.

This may justify including a small reproduction of an artwork in an academic article about that artwork. It does not justify building a stock-photo-style gallery for your corporate site from other people’s photos.

3.3. News reporting and incidental capture (FSEK Article 37)

When reporting current events, it can be lawful to show copyrighted works that appear incidentally or are necessary to report the news. For example:

  • a news photo of a demonstration where various logos appear on banners,
  • footage of a street where shop signs and logos are visible in the background.

If you run a news portal, these exceptions may be relevant.

If you run a commercial company website, you are usually outside the news exception. Using another’s logo as a “decoration” in your hero section is not news reporting.

3.4. Public domain and official works

Some visuals are free to use:

  • works where the protection period has expired (author died long enough ago),
  • certain official emblems or marks where special regimes apply.

But public domain analysis is delicate (moral rights, restoration, related rights, etc.). When in doubt, treat “classic art” and even “very old images” with the same caution and seek proper sources (e.g. museums or platforms that clearly indicate public-domain status).


4. Legal consequences of unlawful use

4.1. Civil liability and “up to triple licence fee” (FSEK Article 68)

If you use an image, photo or logo without permission, the right holder can request:

  • cessation of the infringement (removal / takedown),
  • material damages (loss and unjust enrichment), and
  • compensation calculated up to three times the customary licence fee or market price that should have been paid.

For businesses, the practical formula in many disputes is:

number of images × market licence fee × multiplier (up to 3) + interest + costs.

If you used a popular stock photo in multiple campaigns and across several channels, the numbers add up quickly.

In addition, the author can seek moral damages (FSEK Article 70) if their personal rights in the work were harmed – for example, if you removed their name or distorted the image.

4.2. Injunctions and destruction of copies

Courts may order:

  • removal of the infringing visuals from websites, brochures, packaging and products,
  • destruction of physical copies (e.g. printed catalogues), or
  • transfer of remaining stock to the right holder against a cost not exceeding production cost.

For a company that invested heavily in a visual identity later found to infringe, this can be devastating.

4.3. Criminal sanctions (FSEK Article 71)

Where infringement is intentional and commercial, FSEK Article 71 introduces criminal liability for unauthorised reproduction, distribution and communication to the public of works. Penalties can include imprisonment and judicial fines.

Running a business that systematically uses stolen photographs or logos – for example a design studio that “builds” client brands from unlicensed visuals – can therefore attract not just civil lawsuits but criminal investigations into responsible managers and employees.

4.4. Trademark and unfair competition claims

If logos are involved, add:

  • trademark infringement (injunctions, damages, possible criminal provisions in repeated bad-faith cases), and
  • unfair competition under TTK Articles 54–55 for creating confusion, exploiting another’s reputation, or giving misleading impressions of partnership or endorsement.

5. A practical compliance roadmap for Turkish businesses

To stay on the right side of FSEK, SMK and TTK while still having beautiful visuals, companies in Turkey should structure their practice around these principles:

5.1. Create or commission your own visuals

  • Use your own photographers, designers and videographers.
  • In contracts, make sure economic rights are transferred to your company or you get a broad licence (territory, duration, media, modification rights).
  • Keep the source files and contracts in a central archive.

5.2. Use reputable stock libraries – and read the licence

  • Use trusted stock platforms (paid or free) that clearly state their terms.
  • Check:
    • commercial use allowed?
    • any restrictions on logos, reselling, merchandise, sensitive industries?
    • do you need to give attribution?
  • Keep invoices and download confirmations – they are your evidence.

5.3. Treat “free from the internet” as suspect

  • Do not assume anything found via search, social media, Pinterest or random blogs is safe.
  • Avoid “free wallpaper” and “free PNG” sites unless you trust their legal basis and terms.

5.4. Handle logos particularly carefully

  • Use other companies’ logos only if:
    • you are an official partner, dealer or certified user, and
    • your contract or brand guidelines permit such use and show how.
  • For simple factual references (“we accept X card”, “available on Y platform”), try to obtain written or at least documented consent, or use official assets provided for that purpose.

5.5. Adopt internal policies and training

  • Introduce a basic internal rule: “No image, photo or logo is used unless it comes from our own production, from an approved stock source, or from a documented licence.”
  • Train marketing, social-media and design teams about:
    • what FSEK protects,
    • what counts as private vs public use,
    • how triple licence-fee compensation works.

5.6. Prepare for complaints (notice-and-takedown)

  • Provide a clear contact channel for IP complaints.
  • When a credible complaint arrives:
    • temporarily take the visual down,
    • investigate the licence history,
    • involve legal counsel if needed,
    • regularise (pay, licence, or replace) where appropriate.

A quick, cooperative response often prevents a complaint from escalating into full-scale litigation.


6. Conclusion

Images, photos and logos from the internet in Turkey are not a free design resource; they are the modern face of protected works, trademarks and brand identities. Under FSEK, SMK and TTK, using them without a proper legal basis can lead to:

  • triple licence-fee damages,
  • takedown orders and destruction of materials,
  • criminal investigations in serious cases, and
  • painful rebranding and reputational damage.

The solution is not to be afraid of visuals, but to domesticate them legally: create your own, licence what you need, respect the narrow statutory exceptions and embed compliance into your daily design and marketing routines. That way your brand can look as strong and sophisticated as your legal position.

Contact

Categories:

Yanıt yok

Bir yanıt yazın

E-posta adresiniz yayınlanmayacak. Gerekli alanlar * ile işaretlenmişlerdir

Our Client

We provide a wide range of Turkish legal services to businesses and individuals throughout the world. Our services include comprehensive, updated legal information, professional legal consultation and representation

Our Team

.Our team includes business and trial lawyers experienced in a wide range of legal services across a broad spectrum of industries.

Why Choose Us

We will hold your hand. We will make every effort to ensure that you understand and are comfortable with each step of the legal process.

Open chat
1
Hello Can İ Help you?
Hello
Can i help you?
Call Now Button