COPYRIGHT NOTICE
In Turkey, copyright is
regulated by Law No. 5846 on Intellectual and Artistic Works. According to this
law, the use of works protected by copyright without permission from the rights
holders is generally not allowed, except in exceptional circumstances. In case
of any infringement, legal measures can be taken to prevent the violation.
Additionally, the aggrieved party may seek compensation for damages in
necessary situations.
The first stage of this
process involves informing the individuals or entities responsible for the
infringement. Firstly, those who use visual, design, music, text, or other
intellectual works protected by copyright need to be informed about the
infringement. In case of any identified infringement, a cease and desist letter
is initially sent through a notary. With this warning, the person responsible
for the infringement must immediately cease the production in question, whether
it's from a website or any other medium or purpose. The date of drawing the
cease and desist letter is considered as the notification date. The infringing
party is obligated to remove the material within 3 (three) working days from
this date. If this process does not proceed as expected, it moves to the second
stage.
The second stage is the
legal follow-up stage. This stage involves promptly initiating legal
proceedings if the individual or institution remains unresponsive to the
copyright infringement notifications and the relevant production is not
removed. Especially when copyrighted works, products, or designs are used for
commercial gain without permission, legal proceedings are initiated sooner than
expected. The copyright holder has the right to file a lawsuit against the
person using the production without permission, asserting both the right to
prevent unauthorized use and the right to claim damages.