Is it legally permissible to use images of third parties in television programs?

1. Introduction

Television programs today offer a wide range of content, from news bulletins and entertainment programs to documentaries and reality shows. In the production of this content, visuals (photographs, videos, illustrations, etc.) belonging to other individuals or organizations are often used. However, this use is subject to various legal limitations under the Law on Intellectual and Artistic Works (FSEK), personal rights, and commercial rights. This article will discuss the conditions under which visuals belonging to third parties can be used in television programs, the legal risks, case studies, and possible types of lawsuits.

2. Legal Basis for the Use of Images

2.1. Law on Intellectual and Artistic Works (FSEK)

The Copyright Law grants copyright holders various legal and criminal rights in case of unauthorized use of images, regardless of whether they qualify as works of art or not.

Photographs (Article 4 of the Law on Intellectual and Artistic Works) and visual works of art are protected as works of art.
The copyright holder's financial rights (reproduction, distribution, adaptation, representation, etc.) are reserved.

2.2. Personal Rights

If a person is featured in an image, then personality rights under Articles 24-25 of the Turkish Civil Code arise.

Publishing someone's image without their permission may be considered a violation of privacy.

2.3. Trademarks and Trademarks

If a brand's logo or design appears in an image, it may constitute a trademark infringement.

This situation falls under the scope of the Industrial Property Law No. 6769.

3. Cases Where Use is Possible

3.1. Explicit Consent

Explicit permission, obtained in writing or verbally, from the copyright holder legally permits the use of the image.

This permission must be explicitly stated in the broadcasting agreement.

3.2. Use for Public Interest and News Purposes

According to Article 36 of the Law on Intellectual and Artistic Works, some works may be used without permission when current events are published for news purposes.

However, publishing parts that are not newsworthy constitutes a violation.

3.3. Publicly Released Images

Images taken and published in public spaces may not require additional permission in some cases.

However, permission from the rights holder is still required for reuse for commercial purposes.

3.4. Freedom of Quotation

According to Article 35 of the Law on Intellectual and Artistic Works, visual excerpts may be used only to a limited extent for scientific, educational, or critical purposes.

4. Situations Where Use is Unlawful

Publication of the work without permission from the copyright holder.
The manipulation of the image and its use in a way that damages the reputation of the copyright holder.
Unauthorized disclosure of images related to a person's private life.
Unauthorized use of trademarks or logos for advertising purposes.

5. Case Study

The incident:
A television gossip program used a photograph of a model, taken by a famous photographer and shared only on social media, as a background image on the show. The photographer had not given any permission for its use.

Legal Process:

The photographer requested monetary compensation under Article 68 of the Copyright Law.
A lawsuit for moral damages was also filed due to the violation of personal rights.
The program producer argued that "the image was already available on the internet," but the court ruled that this constituted unlawful use.

6. Lawsuits That Can Be Filed in Cases of Human Rights Violation

6.1. Lawsuits Based on Intellectual Property Rights

A case to stop rape.
A lawsuit for monetary compensation.
Claim for moral damages.
The unauthorized use of the image will be confiscated and destroyed.

6.2. Lawsuits for the Protection of Personal Rights

The broadcast was stopped.
Removal from broadcast and publication of an apology.
Moral compensation.

6.3. Criminal Cases

According to Article 71 of the Law on Intellectual and Artistic Works, unauthorized use constitutes a crime and is punishable by imprisonment.

7. Pre-litigation legal steps

Sending a Warning Notice – The rights holder requests that the unauthorized use be stopped.
Evidence Gathering – Taking screenshots and saving broadcast recordings in the presence of a notary.
Negotiations – Agreement between the parties on the licensing fee.

8. Measures to be Taken by Broadcasting Organizations

Archiving the license documents for the images to be used.
Using software to check the copyright status of images.
To train the broadcasting team on the Copyright Law and personal rights.
Establishing a Visual Rights Department if necessary.

9. Use of Visuals in International Publications

International protection is provided under the Berne Convention and the TRIPS Agreement.
For images taken from foreign productions, the necessary permission process must be completed in accordance with the legislation of the relevant country.

10. Conclusion

The use of third-party images in television programs is subject to strict legal regulations. Use without the consent of the rights holder can constitute both copyright infringement and violation of personal rights. Broadcasting organizations must meticulously manage licensing processes and document the copyright status of each image. Acting responsibly in this regard protects against potential lawsuits and helps raise professional broadcasting standards.

Gamze Akbulut, Law Faculty Student

FSEK (Football, Social Security and Copyright Law) image usage, image rights protection, image copyright infringement lawsuit, unauthorized use of photographs on TV, use of images in television programs, television copyright law, copyright infringement on TV, licensed images in TV programs, TV broadcasting copyright rules, third-party photographic rights.

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