Types of Intellectual and Artistic Works within the Scope of Intellectual Property Law

Regarding "Types of Intellectual and Artistic Works within the Scope of Intellectual Property Law": human intelligence, imagination, and emotional world produce ceaselessly. The trace left by a pen on paper, the sounds flowing from the keys of a piano, the extraordinary lines drawn by an architect, or the software codes that are the lifeblood of the digital world... The common point of these productions is that human creativity emerges from the abstract world and is reflected concretely into the outside world. The legal system has developed the umbrella of "Intellectual Property Law" to protect these intellectual values, which have no physical boundaries and cannot be touched or seen.

In our country, copyright law, which constitutes the most fundamental and artistic dimension of intellectual property, is regulated by the Law on Intellectual and Artistic Works No. 5846 (FSEK). The main purpose of the law is to protect the labor of authors and to encourage the development of social culture. However, for the law to protect a creation, it must first be classified as a "work".

The Law on Intellectual and Artistic Works does not arbitrarily protect every intellectual product. For an intellectual product to be legally protected, it must bear the distinctiveness (personal stamp, originality) of its owner and belong to one of the specific categories of works listed in the law (numerus clausus). In this article, we will examine the types of intellectual and artistic works accepted in the Turkish copyright law system, their legal limits, academic foundations, and current implications, preserving the theoretical depth of the law while presenting it in a style easily understandable to everyone.

1. Scientific and Literary Works

One of the first categories classified by law, and one we encounter most frequently in daily life, is scientific and literary works. As the name suggests, this category protects both artistic and literary creations, as well as scientific, technical, and academic studies. The fundamental distinguishing feature of scientific and literary works is the expression of ideas to the outside world through "language, writing, speech, numbers, or codes.".

Works Expressed Through Language and Writing

This subcategory encompasses novels, short stories, poems, plays, essays, academic articles, textbooks, encyclopedias, and even opinion columns that have reached a certain level of originality. The legal criterion here is not the subject matter of the text, but rather the presence of the author's personal style (distinctiveness) in the choice and arrangement of words. For example, two different books describing a well-known historical event are each protected as separate works of scholarship and literature thanks to their authors' unique narrative styles and plot structures.

Oral Works

Even if not written down, some creations expressed through language fall into this category. Conferences, academic presentations, sermons, speeches, lectures, and even impromptu oral presentations that have not yet been published or transcribed are protected by copyright from the moment they are made. A lecture given by a professor with their own original structure or a leader's impromptu speech in a public square are considered works of oral scholarship and literature.

Computer Programs and Databases

With the advancement of technology, computer software is one of the most dynamic areas included in the Law on Intellectual and Artistic Works. Despite their technical nature, the legislator has recognized computer programs (software) as works of science and literature because their source code and interface designs constitute a combination of "writing and language.".

The source code, object code, and preliminary designs of a computer program are protected under this scope. However, it is important to note that what is protected is not the overall algorithm or mathematical idea behind the software, but the way the code is written. Similarly, databases, which are formed by the selection and compilation of data and have a unique structure, are also protected under this category.

Technical and Scientific Images

All kinds of maps, plans, architectural projects, geographical or topographical drawings, scientific models, and technical drawings are also considered works of science and literature. For example, static projects prepared by a civil engineer or architect, or anatomical drawings in a medical textbook, although they may not have an aesthetic concern like fine arts, are protected in this category because of the scientific and technical effort they contain.

2. Musical Works

Musical works are one of the oldest art forms that appeal to the human soul. Legally defined, a musical work is any kind of vocal or instrumental composition. For a melody to be considered a musical work, it doesn't necessarily have to be recorded in a studio or transcribed into sheet music; even an original melody hummed is a musical work from the moment it is created, as long as it carries the unique character of its creator.

Qualities of Composition and the Relationship Between Lyrics and Composition

The fundamental element preserved in musical works is the melody, that is, the unique arrangement of sounds within rhythm and harmony. In a song, lyrics and melody are usually found together. When this is examined legally, the music (composition) of the song is protected as a "musical work," while the lyrics (poem) of the song are actually considered a "scientific and literary work." These two elements come together to form a joint (shared) work.

The practical consequence of this is that if a song's lyricist and composer are different people, both are independent rights holders in their respective fields. Legally, permission must be obtained separately from both the lyricist and the composer for the song to be used in a commercial or for a cover version (reinterpretation).

The Criterion of Uniqueness and Anonymous Melodies

In musical works, distinctiveness lies in the original composition the composer creates by bringing sounds together. Universal and inevitable sequences of a few notes (for example, very simple school bell melodies or basic scales) cannot, by themselves, be considered works of art. Similarly, no one can claim copyright on anonymous folk songs and melodies that have become part of popular culture and whose creators are unknown. However, someone who takes an anonymous melody and rearranges it by adding a completely new orchestration, harmony, or modern style can acquire a new right through this "rearrangement," a topic we will discuss later under the heading "adapted works.".

3. Fine Art Works

Fine art works are creations that possess aesthetic value and, as a rule, appeal to the eye and visual perception. The Turkish Copyright Law (FSEK) has been somewhat more cautious in defining and classifying fine art works compared to other categories. This is because it aims to clarify the line between industrial designs used in daily life and pure works of art.

According to the law, works of fine art include the following:

• Oil paintings, watercolors, drawings, sketches, engravings, calligraphy, illumination, and miniatures.

• Sculptures, reliefs, and carvings.

• Architectural works (exterior designs of buildings, original interior architectural designs).

• Handicrafts and small artworks, miniatures, original jewelry and ceramic designs.

• Photographic works and slides.

The Debate on Aesthetic Value and Uniqueness

The biggest difference that distinguishes works of fine art from other categories "having aesthetic value," . While aesthetic beauty is not sought in a literary work or a computer program, it is sought in a painting or sculpture. However, courts do not interpret the word "aesthetic" here as a subjective judgment of beauty. In other words, whether a painting is "beautiful" or "ugly" is not the concern of the law. What matters is that the product was created not for commercial or practical benefit, but as a means of artistic and aesthetic expression.

Architectural Works and Photographs

Architectural works are one of the most navigable areas within the category of fine arts. A building's mere construction according to engineering rules does not make it a work of art. If the architect has added a unique, artistic touch, an original vision, to the building's exterior appearance, mass, or spatial arrangement, then that building is a work of fine art. In this case, the building owner making renovations that completely alter the building's exterior without the architect's permission could be considered a violation of the architect's moral rights.

Regarding photographs, there is a dual distinction. Not every photograph automatically qualifies as a work of fine art. A photograph is considered a work of fine art if it demonstrates intellectual and aesthetic effort—such as adjusting lighting, choosing the composition, capturing the moment, and presenting perspective—in other words, if it bears the touch of an artist. Ordinary, spontaneous phone photos taken without any artistic pretension, while not considered works of art, are protected by general provisions of the Copyright Law, such as those related to unfair competition.

4. Cinematic Works

Cinematographic works are the most complex type of work that modern times and technology have brought to the legal system, encompassing multiple art forms (literature, music, acting, painting, photography). By legal definition, a cinematographic work is a sequence of interconnected moving images, with or without sound, that can be displayed by electronic or mechanical means, regardless of the material on which it is recorded, including films, series, documentaries, animations, and similar works.

The requirement is that it must be a moving image sequence

The fundamental requirement for a visual production to be considered a work of cinema is that the images are not static but have a continuity (a sequence of moving images) that follows each other in a time flow. In this respect, a wide range of things can be considered works of cinema, from a big-budget Hollywood film broadcast on television screens to a short documentary or animation shared on social media that has its own original editing, script, and directorial touch.

Multiple Authorship (Co-ownership)

The most characteristic legal feature of cinematic works is that the author is not a single person. Cinema is a team effort, and the legislator has established this fact on a legal basis. According to the Law on Intellectual and Artistic Works, the co-owners (partners) are as follows:

• The director (the leading actor who ensures the artistic integrity and vision of the work),

• Original music composer (the person who creates music specifically for a film),

• Screenwriter or dialogue writer (the person who translates the story into cinematic language),

• Animator (If the work is an animated film, the person who creates the drawings and digital characters).

These individuals are considered equal copyright holders in the eyes of the law because they made a direct intellectual contribution to the creation of the film. The actors, cinematographers, or lighting directors, however, are protected not as copyright holders but as "related rights holders" (performing artists). To avoid complications in the commercial distribution of the film, whether in theaters or on digital platforms, this creative team usually transfers all their financial rights to a film producer (production company) . This gives the producer the authority to commercially release the film.

5. Derivative Works That Are Not Independent Categories But Are Protected: Adaptations and Compilations

The Law on Intellectual and Artistic Works protects not only the four main categories listed above (Science-Literature, Music, Fine Arts, Cinema), but also two special types of works created based on existing works and called "derivative works": Adaptations and Compilations.

A. Processed Works

Adaptations are intellectual creations that, while adhering to an existing work, add a completely new and independent characteristic to it. The most important feature of an adapted work is that it must be produced with the permission of the original author (if the copyright protection period of the original work is still valid) without infringing upon their rights.

Here are some examples of procedures listed in the law:

• Translations: The translation of a novel from English to Turkish. Because the translator remains faithful to the original text while adding their own linguistic knowledge and literary skill, the resulting translated text is their own refined work.

• Novel Adaptation to Film: The process of turning a literary work into a screenplay or directly filming it.

• Music Arrangements (Remix): Taking an existing composition, changing its instrumentation, and adding new rhythms.

• Simplification: Adapting a work written in an older language to modern Turkish.

The golden rule here is: The person adapting the work only owns the rights to the new value (originality) they have added. The rights of the original author remain fully protected. Someone who films a novel without permission cannot defend themselves by saying, "I added my own interpretation; this is my adaptation"; their action is considered copyright infringement.

B. Compiled Works

Compilation works, even if they are not original intellectual creations, are anthologies, encyclopedias, albums, or digital selections formed by selecting, classifying, and organizing existing information, data, or works for a specific purpose

• Example: A literary scholar compiling an "Anthology of 19th-Century Turkish Poetry" did not write the poems themselves. However, selecting poems from thousands based on specific criteria, arranging them chronologically or thematically, and thus structuring the work is a mental effort. Because of this unique method of selection and arrangement, that anthology is preserved as a "compilation." No one can simply copy the page layout or the list of selected poems from that anthology and publish a new book.

6. The Practical and Legal Significance of Work Types and the Nature of Classification

The reason legislators categorize works in this way is not merely a desire for academic order. Determining which category an intellectual product falls into plays a direct role in future lawsuits, methods of proof, and the limits of rights held.

Validity of Contracts

According to the Law on Intellectual and Artistic Works, contracts for the transfer of the financial rights (reproduction, distribution, performance, public transmission) of a work must be in writing and must specify each transferred right individually . The type and scope of the work must be clearly stated in the contract. For example, the legal responsibilities and transfer conditions in a licensing contract for a computer program (a scientific or literary work) and a contract for the transfer of broadcasting rights for a cinematographic work are determined according to the type of work as defined in the law.

Importance in Terms of Protection Periods

The type of work is also important in determining when the protection period begins. As a general rule, copyright protection lasts for the lifetime of the author and for 70 years . However, in the case of cinematographic works or works with multiple authors, the 70 years are counted from the death of the last surviving author, not the first one to die. In posthumous works or compilations made public for the first time, the type and nature of the work are carefully examined by the courts when calculating the protection periods.

Conclusion

Within the scope of Intellectual Property Law, the various types of intellectual and artistic works are a legal mirror of humanity's cultural, scientific, and technological progress. Legislators did not want to stifle creativity by leaving abstract ideas unprotected, nor did they want to obstruct the flow of social knowledge by making every idea a subject of property. "Types of Works" sit precisely at the center of this balance.

The rational structure of scientific and literary works, the spiritual harmony of musical works, the aesthetic depth of fine arts, and the collective visual power of cinema… Each category is protected by its own internal rules, specific criteria, and legal boundaries. In the world of 2026, where the internet, artificial intelligence, and digital ecosystems completely encompass our lives, these traditional categories of works manage to maintain their flexibility while also protecting digital codes, virtual reality designs, and new-generation art forms. Knowing which legal category the works produced by authors fall into is one of the most fundamental requirements of the modern legal system, both for protecting their rights and for receiving full economic and moral compensation for their labor.