Video, photo, music, text, etc. on social media platforms. Unauthorized use of the content constitutes copyright infringement within the scope of the Law on Intellectual and Artistic Works (FSEK).
Protected Content Types (FSEK art.2-6)
- Scientific and literary works (articles, blogs, software)
- Musical works
- Fine works of art (photography, illustration)
- Cinema works (video, short film)
- Processing/compiling works
Types of Violation
- Unauthorized duplication and dissemination
- Unauthorized processing (cover, remix, translation)
- Transmission to the public without permission (sharing on social media)
- Using without citing the work
Platform Based Complaint (Takedown Notice)
YouTube — Content ID + Takedown
YouTube's Content ID system automatically matches copyrights. For manual complaints: Studio → Copyright → Reporting a Complaint.
Instagram / Facebook
Help Center → "Report Copyright Infringement". DMCA compliant form.
TikTok
Application via "Intellectual Property Report Form".
Sanctions in Turkish Law
Legal Sanctions (FSEK art.66-68)
- Prohibition of rape and refi lawsuit
- Material and moral compensation
- Right to claim triple compensation (FSEK article 68)
- Injunction
Criminal Sanctions (FSEK art.71)
- Unauthorized reproduction, dissemination, sale: 1-5 years imprisonment
- Violation of the moral rights of the author: within the same scope
Burden of Proof
The right holder proves that the work belongs to him/her and that it has been used without permission. Pre-registration documents (Registration by the Ministry of Culture of the Republic of Turkey), publication dates, blockchain-based timestamps are useful.
Supreme Court 11th HD Approach
The 11th Court of Appeals of the Supreme Court of Appeals adopts that in copyright infringement files on the internet, not only the similarity but also the "copy quality" and the contribution rate to the work should be revealed by an expert.
Court in Charge
Intellectual and Industrial Property Rights Civil Court (Law of First Instance if there is no special court).
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