COPYRIGHT AND INDUSTRIAL PROPERTY

Copyright and Industrial Property: Scope, Protection Period, and Protection in the Digital Age

Entrance

Copyright and industrial property rights play a fundamental role in protecting works that have creative and commercial value. This article will examine in detail the scope of copyright, its duration, potential infringements, areas where it overlaps with intellectual property, and copyright protection in the digital age. Regulations and Supreme Court precedents under the Law No. 5846 on Intellectual and Artistic Works (FSEK) and Law No. 6769 on Industrial Property (SMK) will also be included in this analysis.

Copyright: Scope, Protection Period, and Infringements

Copyright Scope

Copyright is regulated by the Law on Intellectual and Artistic Works No. 5846 (FSEK). This law ensures the protection of literary, artistic, and scientific works and grants various rights to the authors.

• Material Rights: These rights grant the author the rights to reproduce, distribute, represent, and adapt the work. These rights also include the power to control the economic benefits of the work. For example, an author has the right to the income generated from the printing and sale of their book.
• Moral Rights: These include the right of the author to protect the integrity of their work and to publish it under their own name or a pseudonym. Moral rights aim to protect the personal integrity of the work and the honor of the author. For example, unauthorized alteration of an artist's work constitutes a violation of moral rights.

Relevant Law Articles

• Article 1 of the Copyright Law: “This Law has been enacted to ensure the creation and development of works by protecting the economic and moral rights of the author.” This article defines the fundamental purpose and scope of copyright.
• Article 71 of the Copyright Law: “The copyright period is determined as seventy years from the death of the author. After this period, the work becomes public domain.” This period specifies how long copyright protection lasts and when works become publicly available.

Copyright Infringements

Copyright infringements occur when a work is used or reproduced without permission. Articles 71/A and 71/B of Law No. 5846 on Intellectual and Artistic Works regulate the legal remedies available against copyright infringements.

• Article 71/A of the Copyright Law: “The owner of the work may file a lawsuit against those who have caused the infringement of copyright. As a result of the lawsuit, the infringement may be stopped and compensation may be demanded.” This article regulates the legal process to be followed in cases of copyright infringement.
• Article 71/B of the Copyright Law: “An application may be made to the court to determine copyright infringement, and measures may be taken to stop the infringement.” This article specifies the measures that can be taken before the court to determine and stop the infringement.

Supreme Court Case Law

• The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2015/11278 E., Decision No. 2017/2548 K., ruled: “Unauthorized reproduction of a musical work constitutes copyright infringement. In case of infringement, the owner of the work may claim compensation.” This ruling states that unauthorized reproduction of a musical work is a copyright infringement and that the owner of the work has the right to compensation.
• The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2018/18243 E., Decision No. 2020/1225 K., ruled: “Unauthorized sharing of a book in digital format constitutes copyright infringement. The copyright of digital content must also be protected.” The court thus held that unauthorized sharing of a book in digital format is a copyright infringement and that such infringements should be protected.

Areas Where Intellectual Property and Copyright Overlap

Scope of Intellectual Property

Intellectual property, besides copyrights, includes trademarks, patents, industrial designs, and geographical indications. Each type of intellectual property protects a specific creative or industrial value:

• Trademark Rights: Regulated by the Industrial Property Law No. 6769. Trademarks are signs that distinguish a business's goods or services from others. Trademark rights protect the names and logos of businesses.
• Patent Rights: These rights provide protection for inventions and are regulated in the Industrial Property Law No. 6769. Patents cover new and inventive technological solutions. This right prevents the commercial use of the invention and its unauthorized use by others.
• Industrial Design Rights: Regulated under Law No. 6769 on Industrial Property Rights, these protect the aesthetic appearance of products. Industrial designs preserve the unique appearance and aesthetic characteristics of products.
• Geographical Indications: Protect the origin and quality of local products. This is regulated by the Industrial Property Law No. 6769. Geographical indications guarantee the quality and origin of products produced in a specific geographical region.

Relevant Law Articles

• Article 1 of the Industrial Property Law: “This Law regulates industrial property rights and ensures the protection of trademarks, patents, industrial designs, and geographical indications.” This article defines the general purpose and scope of the Industrial Property Law.
• Article 6 of the Trademark Law: “Trademark registration is made for the goods and services for which the trademark will be used, and the registration period is 10 years. Renewal can be carried out at the end of this period.” This article defines the duration of trademark rights and the renewal procedures.

Overlap Areas

Copyright and industrial property rights can overlap. For example, the aesthetic features of an industrial design may be protected under copyright, while the innovative technical features of the design may be protected by patent. Overlaps between trademarks and copyrights often arise when a trademark's name or logo is used in copyrighted artwork. Overlapping rights may require recourse to both copyright and industrial property rights.

Supreme Court Case Law

• The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2016/18352 E., Decision No. 2018/3430 K., stated: “A design can be protected both as an industrial design and as copyright. It has been emphasized that a design can benefit from both types of protection.” This precedent expresses that a design can be protected both as an industrial design and as copyright.
• The 11th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2017/20609 E., 2019/5225 K., ruled that "unauthorized use of trademarks in copyrighted content may infringe both trademark rights and copyright." This jurisprudence indicates that the unauthorized use of trademarks in copyrighted content can violate both rights.

Copyright in the Digital Age: Online Content and Copyright Protection

The Digital Age and Copyright

The digital age has made copyright protection more complex. The rapid sharing and reproduction of online content has increased copyright infringements. This necessitates the development of new strategies to protect the rights of copyright holders.

Relevant Law Articles

• Article 53 of the Turkish Copyright Law: “Unauthorized use of copyrighted works in digital format is considered copyright infringement. Copyright holders may pursue legal remedies against such infringements.” This article defines the scope of copyright protection in digital formats.
• Article 54 of the Turkish Copyright Law: “Copyright infringements committed via the internet may result in criminal and legal sanctions against copyright holders.” This provides information about the sanctions that can be applied against copyright infringements in the digital environment.

Supreme Court Case Law

• The 11th Civil Chamber of the Supreme Court of Turkey, in its ruling numbered 2019/12858 E., 2020/3194 K., stated: “Unauthorized sharing of online content constitutes copyright infringement. Copyright holders can protect their rights in the digital environment as well.” This ruling emphasizes that unauthorized sharing of online content constitutes copyright infringement and that copyright holders can protect their rights in the digital environment.
• The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2020/17158 E., Decision No. 2022/5245 K., stated: “Works shared without permission on social media platforms constitute copyright infringement, and copyright holders have the right to compensation.” This ruling indicates that copyright holders have the right to compensation in cases of copyright infringement via social media.

Copyright and industrial property rights play a critical role in protecting works that have creative and commercial value. Law No. 5846 on Intellectual and Artistic Works and Law No. 6769 on Industrial Property Rights regulate the scope of these rights, their protection periods, and the penalties for infringements in detail. In the digital age, additional strategies have been developed and supported by legal regulations for the protection of online content. Supreme Court precedents provide guidance on the implementation of these regulations. The protection of copyright and industrial property rights ensures the sustainability of creative and commercial activities by safeguarding the rights of authors.

 

Student Intern 

Behiye Zeynep Ozturk