Türkiye sits at the crossroads of Europe and Asia and is home to a large, active market for film, music, publishing, gaming and software. That reach also makes rights holders a frequent target of piracy and unauthorised use. We advise domestic and foreign clients on securing, licensing and enforcing copyright across traditional and digital channels — from a single manuscript or software product to an entire back catalogue distributed across streaming and download platforms.
The Legal Framework
Copyright in Türkiye is governed by Law No. 5846 on Intellectual and Artistic Works (FSEK). FSEK protects original intellectual creations that bear the characteristics of their author, grouped into four main categories:
- Works of science and literature — including computer programs and their preparatory design material, databases, and technical drawings
- Musical works — compositions with or without lyrics
- Works of fine art — such as paintings, sculpture, architecture, photography and applied art
- Cinematographic works — films and audiovisual productions
FSEK also protects related rights (neighbouring rights) belonging to performers, phonogram producers, film producers and broadcasting organisations. These are the rights that let a record label, a studio or a broadcaster control the use of a fixed performance or signal, independently of the underlying work.
Because Türkiye is a party to the Berne Convention, the WIPO Copyright Treaty and the TRIPS Agreement, works by foreign authors receive the same protection as those of Turkish nationals. A film produced in London or software written in Berlin is enforceable in Türkiye without any local formality.
Protection arises automatically the moment an original work is fixed. There is no mandatory registration, and no copyright notice or © symbol is required for a work to be protected. That said, voluntary registration and deposit — handled through the Ministry of Culture and Tourism for certain works such as films, phonograms and software — creates reliable, dated evidence of authorship, which is often the single most valuable thing you can have when ownership is later disputed.
What this means for you
If you are a creator or a company, the practical takeaway is that you already hold rights — but proving them is a separate question. We help clients build an evidence trail (deposits, dated deliverables, version histories and signed contracts) so that when a dispute arises, ownership is a matter of record rather than argument.
Economic and Moral Rights
Under FSEK, an author holds two distinct sets of rights, and the difference between them is critical in any deal or dispute:
- Economic rights — the rights to reproduce, distribute, perform, adapt and communicate the work to the public, including transmission by digital and on-demand means. These rights are commercial assets: they can be assigned outright or licensed for specific uses, territories and terms.
- Moral rights — including the right to be named as author, the right to decide whether, when and how a work is first disclosed, and the right to object to distortion or mutilation of the work. Moral rights stay with the author and cannot be transferred, even after the economic rights are sold.
Even when you buy every economic right in a work, the author keeps the moral rights — so a valid assignment still needs the author’s cooperation on credit and integrity. Ignore this and a “fully purchased” work can still generate a claim.
Clear, written contracts are not optional. FSEK requires that transfers and licences of economic rights be in writing and that they specify each right concerned — a general “all rights” clause can be read narrowly against the buyer. We draft and review assignment, licensing, publishing, development and commissioning agreements so that ownership, permitted uses, territory, exclusivity and duration are never left ambiguous.
Anti-Piracy and Digital Enforcement
Illegal downloads, unauthorised streaming, ripped e-books and counterfeit copies remain a real and costly problem for rights holders. FSEK provides practical, fast-moving tools to respond.
Notice and takedown. Additional Article 4 of FSEK sets out a dedicated procedure for online infringement. The rights holder first requests the content provider to stop. If the infringement continues within the statutory period, the rights holder can turn to the hosting or access provider and, where needed, obtain a decision from the public prosecutor or the court to remove the content or block access to it. Speed matters: the earlier you act, the less the material spreads and the stronger your position.
Border and market measures. Customs authorities can detain suspected pirated goods entering or leaving the country, and rights holders can pursue seizure of infringing copies together with the equipment used to produce them. This is particularly effective against counterfeit physical media and packaging.
Before you send a single takedown notice, capture the evidence — full URLs, screenshots, timestamps and copies of the infringing files. Infringers routinely delete content the moment they are contacted, and a claim is only as strong as the proof behind it.
Building an enforcement playbook
For clients with large catalogues we set up a repeatable process: monitoring for infringements, a standard cease-and-desist and takedown template, an escalation path to hosting providers and courts, and a record of every action taken. This turns piracy response from a series of one-off emergencies into a managed, cost-controlled programme.
Remedies for Infringement
FSEK offers a layered response, and cases are heard by the specialised Civil and Criminal Courts for Intellectual and Industrial Property Rights, whose judges deal with copyright and IP disputes daily:
- Civil remedies — actions to stop and prevent infringement (declaratory and prohibitory actions), claims for material and moral damages, and, in cases of unauthorised commercial use, claims for up to three times the amount that would have been payable had the infringer sought a licence.
- Preliminary measures — injunctions and seizure of infringing copies and production equipment while the case is pending, so the damage does not deepen during litigation.
- Criminal remedies — infringement carried out unlawfully can lead to imprisonment and judicial fines, pursued through a criminal complaint filed within the statutory period.
At a glance, the main enforcement routes compare as follows:
| Route | What it achieves | Typical use |
|---|---|---|
| Notice and takedown (FSEK Add. Art. 4) | Removal or access-blocking of online content | Pirated streams, downloads, marketplace listings |
| Civil action | Damages (up to 3x a licence fee), injunctions | Lasting relief and monetary recovery |
| Preliminary measures | Seizure and interim injunctions during the case | Stopping ongoing harm before judgment |
| Criminal complaint | Imprisonment and judicial fines against infringers | Deterrence and fast evidence preservation |
Choosing the right combination matters. A criminal complaint can create pressure and preserve evidence quickly, while the civil route is where damages and lasting injunctions are secured. We advise on the most effective sequence for each case rather than defaulting to litigation.
One point foreign rights holders often miss: the criminal route in copyright cases is complaint-based, so it only moves if the rights holder files within the statutory window after learning of the infringement and the infringer. Building the evidence file early — ideally before the infringer knows you are watching — keeps both the civil and criminal options open.
How We Help
We act for authors, musicians, publishers, studios, game and software companies and platforms, as well as foreign rights holders enforcing their works in Türkiye. Our work includes:
- Registration and portfolio strategy — securing dated evidence of ownership and advising on protection across a body of works
- Contracts — assignment, licensing, publishing, distribution, commissioning and software development agreements, with IP terms that hold up under FSEK
- Enforcement — cease-and-desist letters, takedown and access-blocking requests, and customs actions
- Litigation — civil damages claims, injunctions and criminal complaints before the specialised IP courts
Türkiye’s copyright regime is grounded in longstanding respect for intellectual and artistic works and continues to adapt to digital distribution and emerging technologies. Whether you are protecting a catalogue, negotiating a licence or responding to piracy, we advise on the applicable framework under FSEK and represent rights holders in enforcement and litigation.
How we protect and enforce your copyright
- 01
Ownership audit
We map who actually holds the rights and build dated evidence of authorship, including voluntary deposit where useful.
- 02
Contracts in writing
We draft FSEK-compliant assignments and licences that list each economic right transferred, so ownership is never ambiguous.
- 03
Monitoring
We watch marketplaces, streaming platforms and websites for unauthorised copies of your works.
- 04
Takedown & customs
We run the FSEK Additional Article 4 notice-and-takedown route and customs detention against pirated goods.
- 05
Litigation
Where infringement continues, we pursue injunctions, damages and criminal complaints before the specialised IP courts.
Frequently asked questions
Which law governs copyright in Türkiye?
Copyright is governed by **Law No. 5846 on Intellectual and Artistic Works (FSEK)**. It protects original works of literature, music, fine art, cinema and software, along with the related rights of performers, phonogram and film producers, and broadcasting organisations. Türkiye is also party to the Berne Convention, the WIPO Copyright Treaty and TRIPS, so foreign works are protected here on the same footing as domestic ones.
Do I have to register a work to be protected?
No. Protection under FSEK arises automatically when an original work is created; registration is not a condition of protection. However, voluntary registration or deposit through the Ministry of Culture and Tourism (for example for films, phonograms and software) provides strong evidence of ownership and the date of creation, which can be decisive if authorship is later challenged.
How can I get pirated content removed from a Turkish website?
FSEK Additional Article 4 sets out a notice-and-takedown procedure. You first ask the content provider to stop the infringement; if it continues within the statutory period, you notify the hosting or access provider and, where necessary, obtain a decision from the public prosecutor or the court to remove the content or block access to it. Keeping dated evidence of the infringement — screenshots, URLs and timestamps — is essential before you send the notice.
What penalties apply to copyright infringement?
FSEK provides both civil and criminal remedies. Rights holders can claim material and moral damages, seek injunctions and seizure, and in cases of unauthorised commercial use claim up to three times the fee that would have been payable under a licence. Criminal infringement, pursued by complaint, can carry imprisonment and judicial fines. Cases are heard by the specialised Civil and Criminal Courts for Intellectual and Industrial Property Rights.
Is software protected as copyright in Türkiye?
Yes. Computer programs are expressly protected as works of science and literature under FSEK, including their preparatory design material. This covers unlicensed use, unauthorised copying, decompilation beyond the narrow permitted exceptions, and distribution of the software. Source code, object code and the program's structure are all within scope.
Who owns copyright in works created by employees or freelancers?
The author is always the natural person who created the work, so copyright does not pass to a company automatically. For works made by employees within their duties, the economic rights are generally exercised by the employer, but for freelancers and commissioned work you need a written assignment. Without a clear written contract you may only hold a limited licence — not ownership — which is why we insist on documented IP terms from the outset.