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Comprehensive legal services combining sector expertise with strategic legal insight: clear, practical and result-oriented solutions for businesses and individuals. Eight dedicated practice groups cover intellectual property, media and advertising, data protection, technology, corporate matters, dispute resolution and maritime law, for multinational groups and early-stage ventures alike.

02Intellectual Property & Copyright LawCopyright, software and related rights under FSEK No. 5846, from ownership architecture and registration through to piracy enforcement.

Intellectual Property & Copyright Law

Copyright arises the moment a work is created — no filing, no fee, no certificate. That simplicity is also its difficulty: ownership, scope and chain of title are rarely documented until a dispute makes them urgent. We guide creators, software houses, publishers, architects and corporate rightsholders through the Turkish Law on Intellectual and Artistic Works (FSEK No. 5846) — securing the moral rights that protect the author's bond with the work while structuring the economic rights so that they can be licensed, assigned and enforced with confidence.

Copyright disputes rarely arrive announced. A work created years ago — a photograph, a jingle, a software module, a character, a set of architectural drawings — suddenly appears at the centre of a commercial conflict, and the outcome turns on questions of authorship, chain of title and the exact scope of the rights that were transferred. Our practice is built to answer those questions before they become disputes, and to litigate them decisively when they do.

We advise publishers, production companies, software houses, agencies, architects and individual creators on structuring their rights from the moment of creation: registration and time-stamping strategies, work-for-hire arrangements, licensing architectures and enforcement protocols that preserve both the moral and the economic value of every work.

Software occupies a particular place in this practice. Under FSEK a computer program is protected as a literary work, which means the protection attaches to the expression written in code rather than to the underlying idea or algorithm. Establishing infringement therefore depends on preserving and comparing the code itself — a discipline that begins with repository hygiene and version control long before a claim is filed, and continues through court-ordered evidence collection and expert examination of servers and source repositories.

A recurring source of loss is not infringement by a third party but defective title within the client's own organisation. Employment relationships, freelance contributions, agency work and joint development projects each transfer rights on different terms, and FSEK Article 52 requires assignments of economic rights to be made in writing and to specify the rights transferred. Contracts that fail that test leave the commissioning party holding a product it cannot fully exploit — which is why we treat ownership architecture as the first, not the last, item of copyright work.

Software is protected as a literary work, so the right attaches to the expression written in code rather than to the idea behind it. Proving that expression was copied depends on evidence that must already exist when the dispute begins — which is why our software work starts with repository discipline, licence hygiene and clean ownership documentation, and only then moves to enforcement.

Consultancy & Structuring
  • Copyright strategy for source code, object code, APIs and graphical user interfaces
  • Sui generis and copyright protection assessments for complex databases
  • Open-source licence compliance (GPL, MIT, Apache) and copyleft contamination audits
  • Software escrow arrangements and repository access protocols
  • Ownership mapping across employees, freelancers, agencies and joint development partners
  • SaaS, distribution and end-user licence agreements aligned with FSEK transfer requirements
Documentation & Evidence
  • Voluntary registration and recordal of software before the Directorate General of Copyright
  • Digital time-stamping of releases to fix creation dates and version history
  • Version control and repository hygiene protocols that survive expert examination
  • Chain-of-title files assembled for financing, M&A and procurement due diligence
Disputes
  • Source code theft claims and comparative code examinations
  • Ex parte evidence collection (delil tespiti) over servers and source repositories
  • Preliminary injunctions halting distribution of infringing builds
  • Employee and contractor ownership disputes over commissioned software
  • Open-source compliance claims and remediation negotiations
Software, Source Code & Database CopyrightsSpecialized legal protection for software, which is categorized as a literary work under the Turkish Intellectual and Artistic Works Law (FSEK). Protecting source codes, object codes, algorithms (as expressed in code), Application Programming Interfaces (APIs), and Graphical User Interfaces (GUIs). Providing strategic counseling on the sui generis rights and copyright protection of complex databases. Managing copyright compliance for Open-Source Software (OSS) licenses (such as GPL, MIT, Apache) and addressing copyleft contamination risks in proprietary software development.
Software Ownership & Work-for-Hire DynamicsResolving complex intellectual property ownership disputes between employers, employees, and independent contractors. Structuring precise copyright assignment and financial rights transfer agreements for commissioned software, third-party code integration, and joint development projects, strictly adhering to the written form requirements of FSEK Article 52.
AI-Generated Output & Training DataAdvising on authorship and ownership where generative tools contribute to a work, on the licensing status of training datasets, and on contractual allocation of risk in development agreements that incorporate AI-assisted code or content.
Software Escrow & Continuity ArrangementsStructuring source code escrow for enterprise licensees, defining release conditions on insolvency or discontinued support, and aligning escrow terms with the underlying licence and maintenance agreements.

Copyright exists from the moment of creation, but the party who can prove authorship and date is the party who prevails. Registration and time-stamping do not create the right; they create the evidentiary presumption that decides the case. We build that record early, and structure every transfer so that the rights actually reach the party paying for them.

Consultancy & Strategy
  • Rights audits and clearance reviews determining the chain of title for copyrighted works
  • Contractual architecture — assignment of economic rights, licensing and work-for-hire agreements
  • Advice on the written form and specification requirements of FSEK Article 52
  • Digital Rights Management (DRM) advisory on technological protection measures and watermarking
  • Educational workshops for publishing houses and media companies on fair-use compliance
Registration & Administration
  • Optional and compulsory registrations with the Ministry of Culture and Tourism
  • Evidence perpetuation through digital time-stamping to establish priority
  • Recordal of assignments, licences and corporate changes affecting copyright ownership
  • Advisory on royalty collection relationships with collecting societies
Sectors
  • Publishing — print and digital publishing agreements, translation and adaptation rights
  • Academic and scientific works — research outputs, methodologies and plagiarism claims
  • Architecture — blueprints and the finished structure, including moral rights against alteration
  • Fine arts — painting, sculpture, illustration and photography, including resale and exhibition rights
Core Copyright Protection & RegistrationStrategic counseling on the establishment and protection of copyright from the moment of creation. Managing voluntary registration, timestamping (zaman damgası), and formal recordal processes before the Directorate General of Copyright to establish an undeniable evidentiary presumption of authorship and creation date.
Literary, Academic & Scientific WorksComprehensive legal representation for authors, researchers, academic institutions, and publishing houses. Structuring traditional and digital publishing agreements, translation rights, and adaptation rights. Protecting the exact expression of scientific methodologies, academic research, and literary materials against unauthorized reproduction, digital piracy, and complex plagiarism.
Architectural & Fine Arts RightsDedicated legal representation for architects, designers, sculptors, painters, and visual artists. Navigating the highly specific dual protection of architectural blueprints and finalized physical structures. Enforcing strict moral rights, particularly the right of paternity and the absolute right to object to any derogatory treatment, structural modification, or destruction of an architectural work or piece of art by the property owner.
Photography & Image RightsClearing and licensing photographic works for commercial and editorial use, resolving disputes over uncredited or repurposed images, and coordinating copyright protection with the personality rights of persons depicted.
Collecting Societies & Royalty AdministrationAdvising rightsholders and users on membership, mandate scope and tariff disputes with collecting societies, and auditing royalty distributions for accuracy and completeness.

Copyright enforcement in Türkiye runs on three parallel tracks — civil, criminal and administrative — and the choice between them determines both speed and leverage. We decide that route at the outset, from the evidence available and the commercial result the client actually needs, rather than filing everything and hoping something lands.

Civil Enforcement
  • Infringement actions for the cessation of unauthorized use and removal from circulation
  • Preliminary injunctions halting distribution of infringing works
  • Compensation claims including the threefold royalty remedy under FSEK Article 68
  • Moral rights actions for attribution failure, distortion and premature disclosure
  • Unfair competition claims where copyright and market conduct overlap
Criminal & Administrative
  • Criminal piracy complaints and coordination with law enforcement
  • Search, seizure and destruction proceedings against infringing stock
  • Notice-and-takedown procedures under Internet Law No. 5651
  • Complaints and follow-up before the Directorate General of Copyright
Defence
  • Defending against overreaching infringement and plagiarism claims
  • Independent creation and prior art defences supported by version history
  • Scope-of-licence disputes where the alleged infringer holds a permission
  • Quantum defence limiting exposure under Article 68 multipliers
Copyright Transactions & Financial Rights LicensingStructuring the commercialization of copyrighted materials outside the media and entertainment sectors. Drafting highly specific, unassailable assignments and exclusive/non-exclusive licenses of financial rights (the rights of reproduction, distribution, adaptation, public performance, and communication to the public) to ensure full compliance with the strict assignment criteria of Turkish copyright law.
Copyright Litigation & Anti-Piracy EnforcementRobust representation in civil and criminal copyright infringement cases before specialized Intellectual and Industrial Property Rights Courts. Executing preliminary injunctions to halt the distribution of infringing works. Conducting ex parte evidence collection (delil tespiti) for software code theft, including court-appointed expert examinations of servers and source code repositories.
Compensation & Moral Damages in CopyrightPursuing aggressive litigation strategies for copyright infringement, including the application of FSEK Article 68, which allows rightsholders to claim up to three times the hypothetical royalty fee (üç katı tazminat) for unauthorized reproduction or distribution. Vigorously defending the moral rights (manevi haklar) of creators against unauthorized alterations, misattributions, or premature public disclosures in the commercial market.
Online Infringement & Platform TakedownsExecuting notice-and-takedown procedures under Internet Law No. 5651, pursuing access-blocking decisions where content persists, and managing repeat-infringer escalation with hosting providers and marketplaces.
Copyright Due Diligence in TransactionsAuditing copyright assets in financings, acquisitions and procurement — verifying chain of title, employee and contractor assignments, open-source exposure and licence scope before value is paid for rights that may not have transferred.

Insights on this area

CopyrightProtection of Unregistered Copyright Against Trademark Applications14 February 2026