In Turkey, using unlicensed software is not just a technical or internal IT issue. It is treated as a copyright infringement and may lead to criminal prosecution, civil lawsuits, and serious financial and reputational consequences for companies and their managers.
Many businesses still underestimate the risk. A few “cracked” design programs, office suites or ERP tools installed on company computers can be enough to trigger a criminal investigation, expert review of all devices, and claims for substantial compensation.
This article explains how software is protected under Turkish law, what counts as unlicensed use in a business environment, and what types of criminal and civil liability companies may face. It also offers a practical compliance roadmap for organisations that want to minimise their risk.
1. Legal framework: protection of software in Turkey
Under Turkish copyright law, computer programs are protected as intellectual works in the same way as literary or scientific works. The author (or rights holder) enjoys economic rights such as:
- the right to reproduce the program
- the right to distribute copies
- the right to adapt, update or modify the program
- the right to communicate the program to the public
These economic rights can be licensed to users under licence agreements. Licences often specify:
- how many devices or users are allowed
- whether the use is corporate or personal
- whether the licence is perpetual or subscription-based
- which country or region is covered
Using software outside these licence terms, or without any licence at all, is considered an unauthorised reproduction or use and may give rise to both criminal and civil liability.
2. What counts as “unlicensed software use” for businesses?
In the business context, unlicensed software use covers much more than downloading an illegal copy from the internet. Typical risk scenarios for companies include:
- Installing a licensed program on more devices than allowed
For example, buying a licence for one workstation but installing it on ten office computers. - Using “cracked” versions or key generators
Activating software with illegally generated keys instead of purchasing genuine licences. - Continuing to use software after licence expiry
For subscription-based software, using the product after the subscription period has ended can be considered unlicensed use. - Using home, student or trial versions in a commercial setting
Many licences expressly prohibit commercial use of home or student editions. Using them in a company may violate the licence terms. - Copying software from one licensed device to others
Cloning a licensed system image and deploying it across the company without acquiring sufficient additional licences.
All these examples involve unauthorised reproduction or communication of the software, which undermines the rights holder’s economic interests. When this happens in a commercial environment and on multiple machines, Turkish practice often treats it as serious, intentional infringement, not a minor mistake.
3. Criminal liability for unlicensed software use
3.1 Nature of the offence
Turkish copyright law introduces criminal sanctions for anyone who, without permission, reproduces, distributes, sells, offers for sale, or keeps for commercial purposes copies of a protected work. Computer programs fall within this protection.
In practice, the following actions can be treated as criminal offences:
- installing unlicensed software on company computers or servers
- using pirated software in daily business operations
- storing and keeping such programs for commercial use
Criminal sanctions can include imprisonment and judicial fines. The exact sentence depends on the scale of infringement, the number of copies, commercial purpose, and whether the act is repeated.
3.2. Circumvention tools and cracked systems
Turkish law also penalises those who produce, sell or commercially possess devices or software designed to circumvent technical protection measures. For example:
- tools developed specifically to remove licence controls
- special software that disables activation systems
- professional services that systematically crack programs for clients
This means both the use of pirated software and certain tools used to crack licences can trigger separate criminal liability.
3.3. Who is personally liable?
Criminal law primarily targets natural persons, not legal entities. In a typical case, investigations may focus on:
- Company directors or board members who gave instructions or tolerated the use of unlicensed software
- General managers and responsible executives with decision-making authority over IT and procurement
- IT managers or system administrators who installed and maintained illegal copies
- External IT service providers who supplied and installed unlicensed software in client companies
While companies may face confiscation of devices and other security measures, the criminal records and sentences are attached to the individuals.
3.4. Investigation process
Criminal investigations usually start with a complaint filed by the rights holder or its local representative. After that, the process may include:
- an application to the criminal court for a search and seizure warrant
- on-site inspection of company premises by law enforcement
- forensic examination of computers and servers by court-appointed experts
- a detailed comparison between installed software and licence documentation
If significant unlicensed use is detected, prosecutors may file an indictment and bring the case before a criminal court. Even before any judgment, the investigation itself can cause serious disruption and reputational damage for the company.
4. Civil liability: injunctions and compensation
Criminal proceedings do not prevent the rights holder from pursuing civil remedies separately or in parallel. Under Turkish copyright law, the rights holder can claim:
4.1. Injunctions and removal of infringement
The rights holder may request:
- an order to prevent a threatened infringement, or
- an order to stop ongoing infringement, such as uninstalling unlicensed software and ceasing all unauthorised use.
The court may also order:
- the seizure of infringing copies
- destruction of these copies or their transfer to the rights holder against a payment not exceeding production costs
- other measures to ensure that the infringement does not continue
4.2. Damages: up to multiple of licence fees
For material (economic) damages, Turkish law allows several calculation methods. In software disputes, a common approach is to base compensation on the licence fee that should have been paid. Depending on the circumstances, courts may award up to several times the ordinary licence fee as compensation.
In practice, this often involves:
- determining the number of unlicensed installations
- establishing the market licence fee per user or per device
- multiplying this amount by a factor reflecting the seriousness and duration of the infringement
In addition to material damages, the rights holder can also seek moral damages if its moral rights have been harmed, for example if the work has been altered or used in a way that harms its integrity or reputation.
4.3. Unfair competition dimension
If the infringing company competes in the same market, using unlicensed software can also be qualified as unfair competition under the Turkish Commercial Code. The infringer reduces its costs unlawfully and gains an unfair advantage over law-abiding competitors.
In such cases, the rights holder (or competitors) may seek further remedies, such as:
- determination and cessation of unfair competition
- removal of its consequences
- publication of the judgment or corrective announcements
- additional damages based on unfair competition rules
5. Practical risks for businesses
For companies operating in Turkey, the combination of criminal and civil exposure creates multiple risk layers:
- Criminal risk for individuals
Managers and IT personnel can face criminal prosecution, which may affect their careers and the company’s public image. - Financial risk
Damages awards based on multiple of licence fees, together with litigation costs, expert fees and potential disruption of operations, can be substantial. - Operational disruption
Search and seizure measures may lead to temporary confiscation of computers or servers, affecting productivity and service delivery to customers. - Reputation and trust
For listed companies, multinationals or regulated entities, being associated with software piracy can seriously damage reputation and relationships with partners, banks and regulators. - M&A and due diligence issues
Software compliance is a standard point in legal due diligence. Unlicensed use identified during an acquisition can lead to price reductions, indemnity demands or even termination of the transaction.
6. Compliance roadmap: how companies can reduce their exposure
The good news is that software compliance can be managed systematically. A structured approach helps to detect risks early and demonstrate good faith in case of a dispute.
6.1. Perform a software audit
- Create a full inventory of all software installed on company devices and servers.
- Compare this inventory with purchase records, licence certificates and account information.
- Identify any gaps between installed copies and available licences.
6.2. Regularise your position
- Immediately remove unlicensed copies and programmes that are not essential for business purposes.
- Purchase the necessary licences for software that you genuinely need. Voluntary regularisation before any complaint can be an important mitigating factor.
6.3. Centralise procurement and control installations
- Prohibit employees from installing software on their own initiative.
- Require all software procurement to pass through a central IT or procurement function, ideally with legal review of licence conditions.
- Standardise on a limited set of approved tools.
6.4. Maintain proper documentation
- Keep invoices, licence codes, subscription confirmations and contracts in an organised and accessible way.
- Ensure that documentation covers not only head office but also branches, warehouses and remote locations.
6.5. Update policies and train staff
- Adopt clear internal software use and licensing policies.
- Train employees and managers on the legal risks of unlicensed software and the requirement to use only approved programs.
- Include contractual obligations for external IT providers not to install unlicensed software.
6.6. Integrate software compliance into overall governance
- Treat software licensing as part of the company’s compliance framework, alongside data protection, competition law and tax compliance.
- Include software audits in regular internal audit plans.
- For multinationals, align Turkish subsidiaries with global software asset management policies.
7. Conclusion
Unlicensed software use in Turkey is a serious legal risk, not a minor administrative problem. The same rules that protect authors and creators of books, music and films also protect software developers. For businesses, this translates into:
- potential criminal liability for managers and IT staff,
- civil actions seeking injunctions and substantial damages, and
- significant operational and reputational consequences.
A proactive compliance strategy – inventory, regularisation, centralised procurement, documentation and training – can drastically reduce these risks. For companies that invest heavily in their reputation, governance and long-term growth in Turkey, ensuring full software licence compliance is no longer optional; it is an essential part of doing business.
Yanıt yok