INTELLECTUAL PROPERTY RIGHTS AND SOCIAL MEDIA

The Effects and Management of Intellectual Property Rights on Social Media

Entrance

Intellectual property rights have become an unprecedented issue on social media platforms, driven by the rapid advancements in information and communication technologies. While social media enables the rapid dissemination of creative content to large audiences, it has also increased the risk of unauthorized use, reproduction, and dissemination of this content. Such situations, which lead to the infringement of intellectual property rights, create significant legal responsibilities for both content creators and platform owners.

This article examines the effects and management of intellectual property rights on social media within the framework of legal regulations. It discusses how intellectual property rights are protected on social media in Türkiye, in light of legal regulations and international agreements, and what legal avenues can be pursued in cases of infringement.

1. Intellectual Property Rights and Legal Framework in Social Media

The protection of intellectual property rights on social media is guaranteed by both national and international legal regulations. In Türkiye, the primary legal regulation protecting intellectual property rights is the Law No. 5846 on Intellectual and Artistic Works. This law prohibits any reproduction, distribution, public transmission, and other uses without the permission of the author. Furthermore, the Industrial Property Law No. 6769 provides protection for trademarks, patents, industrial designs, and geographical indications.

Content shared on social media generally includes photos, videos, texts, graphics, and other digital works. Such content is protected under the Law on Intellectual and Artistic Works. Sharing or modifying a work and using it on social media without the permission of the copyright holder constitutes an infringement of intellectual property rights. Article 71 of Law No. 5846 prescribes deterrent penalties against such infringements.

By violating the moral, financial or related rights concerning intellectual and artistic works protected under this Law :

Article 71 – (Amended: 23/1/2008-5728/138 art.)

1. Anyone who, without the written permission of the rights holder, processes , represents, reproduces, modifies, distributes, transmits to the public by any means of transmitting signs, sounds or images, publishes, or offers for sale, sells, rents or lends, or otherwise disseminates , purchases for commercial purposes, imports or exports, possesses or stores, for purposes other than personal use, a work, performance, phonogram or production, shall be sentenced to imprisonment for one to five years or a judicial fine . 2. Anyone who attributes another's work as their own shall be punished with imprisonment for six months to two years or a judicial fine. If this act is committed by distribution or publication , the maximum imprisonment shall be five years, and a judicial fine shall not be imposed. 3. Anyone who quotes from a work without citing the source shall be punished with imprisonment for six months to two years or a judicial fine. 4. Anyone who makes a public statement about the content of a work that has not been made public without the permission of the rights holder shall be punished with imprisonment for up to six months. 5. Anyone who provides insufficient, incorrect, or misleading information regarding a work shall be punished with imprisonment for up to six months. 6. Anyone who reproduces, distributes, disseminates, or publishes a work, performance, phonogram, or production using the name of another well-known person shall be punished with imprisonment from three months to one year or a judicial fine . Those who commit the acts mentioned in the first paragraph of Article 4 of this Law without authorization , and information content providers who continue to infringe the rights recognized in this Law , shall be sentenced to imprisonment from three months to two years , unless their actions constitute a crime requiring a more severe penalty . If a person offers for sale, sells, or buys a work, performance, phonogram, or production that has been illegally produced, processed, reproduced, distributed, or published , provides information before the prosecution phase, enabling their apprehension, they may receive a reduced sentence or even be acquitted altogether.

2. Intellectual Property Rights Violations on Social Media

Social media platforms are environments where content can spread rapidly and reach large audiences. This increases the risk of intellectual property rights violations. The most common types of violations on social media include unauthorized content sharing, plagiarism, unfair use of trademarks, and imitation of registered designs.

a. Copyright Infringements

Copyright infringements are one of the most common problems on social media. Sharing a photograph, video, or written work without permission, or using a work after modifying it, constitutes a copyright infringement. For example, if a photographer's work is shared on a social media account without permission, the copyright holder can take legal action against this infringement.

In such cases of infringement, the copyright holder has the right to claim material and moral damages pursuant to Article 68 of the Law on Intellectual and Artistic Works No. 5846. Furthermore, the removal of content causing copyright infringement from social media platforms can be achieved through precautionary measures.

In case of infringement of financial rights:
Article 68 – (Amended: 23/1/2008-5728/137 art.)

Anyone who processes , reproduces, distributes, performs, or transmits to the public any work, performance, phonogram, or production by any means of transmitting signs, sounds, or images without obtaining written permission from the rights holders in accordance with this Law may be charged by the rights holders up to three times the amount they could have requested if a contract had been made, or up to three times the fair market value determined in accordance with the provisions of this Law . If the unauthorized copies are not offered for sale, the rights holder may demand the destruction of the reproduced copies, the film, plates, and similar materials used for reproduction, or their delivery to them for a reasonable price not exceeding the production cost, or up to three times the amount they could have requested if a contract had been made. This does not absolve the unauthorized reproducer of their legal responsibility. If the unauthorized copies are offered for sale, the rights holder may use one of the provisions in the second paragraph regarding the copies in the possession of the infringer . For the provisions of the second and third paragraphs to be applicable by rights holders other than the author, the author's written permission for reproduction in accordance with Article 52 of this Law is required. When one of the rights holders makes a request pursuant to the second and third paragraphs, the provisions of the Code of Criminal Procedure regarding seizure shall not be applied except for the purpose of obtaining evidence . The person demanding compensation may assert all the rights and powers he or she might have had in a contract with the infringer.

b. Trademark Infringements

Unauthorized use of brands on social media can lead to unfair competition and trademark infringement issues. The Industrial Property Law No. 6769 contains provisions ensuring the protection of trademark rights. Unauthorized use of a brand on social media, the promotion of counterfeit products, or the sharing of content that damages the brand allows the trademark owner to pursue legal action to stop the infringement and claim compensation.

Brand infringements typically occur in social media advertisements and sponsored content. Brand owners can contact social media platforms to request the removal of content in cases of unauthorized use. They can also seek injunctive relief from courts to stop the infringement.

c. Design Violations

Industrial designs can be copied without permission on social media, which may constitute an infringement of design rights. Article 55 of the Industrial Property Law No. 6769 prohibits the unauthorized use of registered designs and prescribes criminal penalties for such infringements.

Design and Product ARTICLE 55- (1) Design is the appearance of the whole product or a part thereof, or of its ornamentation, resulting from characteristics such as line, shape, form, color, material, or surface texture . (2) Product refers to any object produced industrially or by hand, excluding computer programs, as well as a composite product or the parts constituting such a product, objects such as packaging, presentations of multiple objects perceived together, graphic symbols, and typographical characters. (3) A composite product is a product consisting of parts that can be changed or renewed by disassembly and reassembly . (4) A design is protected as a registered design if it has been registered in accordance with the provisions of this Law , and as an unregistered design if it has been made public for the first time in Turkey .

Design infringements often occur on social media in fields such as fashion, home decor, and product design. For example, sharing a fashion designer's registered design on a social media account without permission constitutes a design infringement. In such cases, the design owner can pursue legal action and request that the infringement cease.

3. The Responsibility of Social Media Platforms Against Intellectual Property Rights Infringements

Social media platforms have certain responsibilities regarding the moderation of user-shared content and the protection of intellectual property rights. However, the limits of these responsibilities may be restricted by factors such as the platforms' status as neutral intermediaries and freedom of expression.

In Türkiye, the responsibility of social media platforms for intellectual property infringements is regulated by Law No. 5651 on the Regulation of Publications on the Internet and the Fight Against Crimes Committed Through Such Publications. Under this law, social media platforms are obligated to respond quickly to content removal requests. In cases of intellectual property infringement, content owners can apply to the platforms to request the removal of the infringing content.

Furthermore, regulations in the European Union, such as the Digital Single Market Copyright Directive (DSM Directive), mandate that social media platforms take a more active role in copyright protection. Such regulations increase the responsibility of platforms to filter user-generated content and prevent copyright infringements.

4. Legal Remedies Against Intellectual Property Rights Infringements

The legal avenues available to address intellectual property infringements on social media vary depending on the nature of the infringement and the demands of the parties involved. Copyright holders can file lawsuits with various claims, including demands for monetary and moral damages, cessation of the infringement, and removal of the content.

a. Compensation Claims

Compensation lawsuits filed to recover damages resulting from intellectual property infringements are also widely used on social media. In cases of copyright infringement, the copyright holder can apply to the court to recover the damages arising from the infringement. Article 68 of the Law No. 5846 on Intellectual and Artistic Works regulates compensation claims in copyright infringements.

In cases of trademark and design infringement, trademark and design owners may claim compensation in accordance with the relevant articles of the Industrial Property Law No. 6769. The amount of compensation is determined based on the material damages arising from the infringement and the restitution of unjust enrichment.

b. Precautionary Measures

Requests for interim injunctions can be used to provide a quick solution against intellectual property infringements on social media. An interim injunction is a temporary protective measure requested from the court to have the infringing content removed and the infringement stopped. Especially in emergency situations, interim injunctions can be issued quickly to prevent harm to rights holders.

c. Actions for Detecting and Preventing Violations

Infringement detection and injunction lawsuits can be filed to stop ongoing infringements on social media. Such lawsuits offer an effective solution, especially in cases of repeated infringements and those causing significant economic damage. Injunction lawsuits ensure the complete removal of infringing content from social media platforms and the elimination of the consequences of the infringement.

Conclusion

Intellectual property rights have become more complex with digital content that can spread rapidly and be easily infringed upon on social media platforms. Protecting intellectual property rights on social media is the responsibility of both the copyright holders and the platforms themselves. Legal regulations in Türkiye provide significant safeguards for the protection of these rights. However, the international dimensions of infringements occurring on social media complicate judicial processes.

In this context, more effective national and international regulations are needed to protect intellectual property rights on social media. The effective use of legal avenues and the fulfillment of responsibilities by social media platforms play a key role in protecting intellectual property rights in the digital world.

 

Student Intern

Behiye Zeynep Ozturk