Summary
The Turkish Copyright Law No. 5846 of 1951 amended by Law No. 4630 of 2001 allows for the protection of copyrightable works in general and computer software in particular.
Original works of literature, art and science, regardless of type, importance or purpose are protected. This includes works of art expressed in writing, sound, drawings, photography and motion pictures, such as books, writings, speeches, oral works, plays, dramatic works, musical compositions, films, phonographic works, applied art, 3-D works and computer programs. Such works are protected for the lifetime of the author plus 70 years following his/her death.
In order for protection to be effective, the work of art is to be original and includes personal efforts, innovation and new arrangement.
Any enforcement of the law is through the courts of Turkey.
Some Articles of the Copyright Law No. 5846 dated 1951 has been amended in the following years: 1983, 1995, 2001 and 2004.
On May 17, 2006, a new regulation related to the “works of art” in relation to the above-mentioned copyright law has been executed and published in the Official Gazette No. 26171.
The following works are protected as per the said law:
1. Literature and science works;
2. Music works;
3. Fine art works:
- Paintings, art and crafts, engraving, illumination works, calligraphy, serigraphy
- Statues, relief, carving
- Architecture works
- Handworks, miniature, ornament, designs, photographic works
- Graphic arts
- Caricature works
4. Cinema works
Turkey is a member of the Berne Convention for the Protection of Literary and Artistic Works.