Copyright is the legal granting of rights related to the use and dissemination of any intellectual or creative work to specific individuals. In essence, copyright can be described as the right to allow or prohibit the copying and usage of an original creation.
Copyright, generally, is valid for a specific period of time. Its symbol is the letter 'c' enclosed in a circle. This letter indicates that the copyright of the product on which it is found is protected. In English, it represents the word 'copyright.'
In Turkey, intellectual and artistic works are protected by Law No. 5846. The main purpose of this law is to protect the moral and economic rights of the creators of intellectual and artistic works, as well as the producers who first fix the films, and radio and television organizations that broadcast these works. Additionally, this law regulates the conditions for benefiting from copyrighted works and sets out sanctions for unauthorized use that goes against the established principles and procedures.
When you create an idea or work, it is entirely normal to want to legally protect your rights over that work. In our modern age, all sorts of content can be easily copied, distributed, and used for commercial purposes. In such situations, the creator of the work can suffer significant losses both commercially and in terms of prestige. Therefore, creators should obtain copyright protection to legally safeguard all their works.
Law No. 5864 on Intellectual and Artistic Works outlines a specific framework regarding works of art. According to this framework, any intellectual or artistic creation falling within the categories of literature, music, fine arts, and cinema, which bears the distinctiveness of its creator, is considered a work of art.
In accordance with this law, for an intellectual and artistic product to be recognized as a work of art and eligible for protection, it must possess the distinctiveness of its creator, fall under one of the specified categories of works in the law, be in a tangible form, and result from intellectual effort.
The Copyright Law, which is protected by the Copyright and Related Rights Protection Act, provides legal protection for works from the moment they are created. Unlike industrial rights such as patents and trademarks, copyright does not require registration or formalities to come into existence. However, certain types of products and works may require mandatory registration with the General Directorate of Copyright. For example, it is necessary to register and record computer games.
Copyrights, which have an abstract nature, encompass intangible products, meaning creations of human thought. Furthermore, copyright protection is granted based on the principle of territoriality, meaning that all legal advantages provided by copyright law are determined according to the legislation of the country where protection is sought. In the event of copyright infringement in the country where you have applied for protection, you may be entitled to compensation. Additionally, works created by foreigners are also eligible for protection under Turkish law. The same applies to the works of Turks residing in foreign countries.
Copyright is an absolute right in nature. However, the emergence of copyright for a work and its absolute right nature are not applicable in all cases. This right can be restricted for reasons such as the protection of public interests. Intellectual property rights have a limited duration, which means they are valid for a specific period of time.
Four important principles can be mentioned in the Copyright and Related Rights Law. The first is the protection of the rights of the person to whom the work belongs over the rights on the work. The second is to ensure public benefit from the works. The third principle is related to the time aspect of the rights of the work's author. Finally, all legal and societal sanctions related to the work and situations that lead to copyright infringement are determined by this law.
The rights of a work's author are protected by this law as long as they live and for up to 70 years after their death. After the author's passing, all rights related to the work are inherited by their close relatives.
A copyrighted work grants its owner both financial and moral rights. Moral rights include the right to prevent any alterations to the work, the right to access the original work, the right to exhibit the work, and the right to prevent destruction. Financial rights, on the other hand, include the right to reproduce and distribute the work, the right to represent it, the right to adapt it, and the right to broadcast and communicate it to the public.
When there is any interference with the rights of the copyright holder, the copyright owner has the right to file a lawsuit. This lawsuit can lead to penalties such as imprisonment, fines, and the destruction of counterfeit products.
Copyright and patent represent two distinct methods of protection in terms of their principles and scope.
Patent focuses on inventions that are applicable to industry. Copyright, on the other hand, is generally a method of protecting intellectual labor. Copyright does not require registration for its establishment. All rights to works of intellectual and artistic creation are granted upon their creation. Obtaining patent rights, on the other hand, requires approval from various institutions. Additionally, depending on the nature of the patent, a detailed technical knowledge and analysis must be presented.
Copyright and name rights are often confused with each other. Name rights, with its legal counterpart being trademark registration, can be obtained by anyone within certain rules. Copyright, on the other hand, primarily requires originality.
The protection period for copyright continues as long as the creator of the work is alive. Additionally, it lasts for 70 years after the death of the creator. Name rights, on the other hand, provide protection for a period of 10 years through the process of trademark registration. After this 10-year period, name rights need to be renewed.
Once the protection period of copyright expires, all the economic rights granted to the creator also come to an end. Therefore, works whose protection period has expired can be freely used without the need for the creator's permission.
All products falling under the scope of copyright are protected under the Copyright Law of Intellectual and Artistic Works once they are created. Therefore, there is no need for any registration to ensure the protection of a created work.
However, it is mandatory under relevant legislation to register and obtain copyrights for computer games, music, and film works before they are introduced to the market. There is no registration requirement for other types of works. Nevertheless, in order to prevent potential claims of rights, there are some optional procedures that rights holders can undertake. These include making optional copyright registration applications and applying to a notary public to obtain a certificate of ownership.
To avoid potential claims of rights and to ensure the proper protection of your copyright, you can apply to Alkan Patent to obtain detailed information about copyright. You can safeguard your works more effectively and gain a thorough understanding of your rights by consulting with us.
