In today’s digital age, the value of intellectual and artistic works is increasing daily. Artists, writers, developers, designers, and other creative minds want to be rewarded for the effort and originality they invest in their works. Unfortunately, however, these works are frequently subject to unauthorized use, duplication, or modification, leading to copyright violations. In a city like Antalya, where cultural and artistic activities are intense, copyright violations are a common occurrence. In such cases, it is crucial for copyright owners to pursue legal action to protect their rights and seek compensation for damages.
In this article, we will discuss what copyright violations mean, the rights of copyright owners, the details of material and moral compensation cases, and how these processes work in Antalya.
What is Copyright and Why Should It Be Protected?
Copyright, also known as the “right of the author,” is the exclusive legally recognized right of individuals over all intellectual and artistic creations. In Türkiye, copyright is protected by Law No. 5846 on Intellectual and Artistic Works (FSEK). This law regulates the rights inherent in the creation of a work; in other words, it provides protection to the author without the requirement for registration.
The Relationship Between Intellectual Property and Copyright
Intellectual property is a broad concept encompassing the creative products of the human mind. It encompasses diverse areas such as copyright (works), patents (inventions), trademarks (distinctive marks), and designs (industrial designs). Copyright is particularly focused on specific categories of creative works, such as literary, scientific, musical, fine arts, and cinematic works. These rights grant the author the right to use, have others use, and dispose of their work.
Rights of the Author
The FSEK grants both moral and financial rights to the author. These rights protect the link between the author’s personality and the work, while also ensuring that the author derives economic benefit from the work.
* Moral Rights: These are rights that protect the moral bond between the author’s personality and the work. These include the right to publicize (publish), the right to be credited (having the author’s name mentioned in the work), the right to prohibit modifications to the work, and the right to protect the integrity of the work. These rights cannot be transferred to anyone other than the author.
* Financial Rights: These are rights that enable the author to derive economic income from their work. These include the right to process (transform the work into another form), the right to reproduce (copy), the right to distribute (distribute), the right to represent (perform or stage), and the right to communicate to the public through means of transmitting signs, sounds, and/or images (radio, television, broadcast over the internet). These rights can be transferred or licensed to others.
What is Copyright Infringement and How Does It Happen?
Copyright infringement is the use, reproduction, dissemination, processing, representation, or communication to the public of a work protected under the FSEK without the author’s permission or legal basis. Because violations occur more easily and quickly in the digital environment, they can pose serious threats to copyright owners.
Common examples of copyright infringement include:
* Copying and distributing an author’s article or book without permission.
* Using a photographer’s work for commercial purposes without acknowledging the source or obtaining permission.
* Playing a musical work in a public place or using it in a video content without permission.
* Unlicensed use or duplication of software.
* Unauthorized construction of an architectural project.
* Selling an imitation of an artist’s painting.
Such violations may cause the author to suffer both material losses and moral damages.
Compensation Suits for Copyright Infringement
Owners of copyrighted works have the right to file a lawsuit to recover damages. These lawsuits may include claims for both material and moral damages, depending on the nature of the violation.
Claims for Material Compensation
Financial compensation aims to compensate the author for economic losses incurred by copyright infringement. The FSEK (Turkish Financial Crimes Institution) provides for multiple methods for calculating financial compensation:
* Damage Suffered by the Author: The reduction in the author’s current assets and loss of future profits (loss of earnings) resulting from the infringement. This refers to the income the author would have received if the infringement had not occurred.
* Profit Obtained by the Violator: Payment to the copyright owner of any profits unjustly obtained by the copyright infringer as a result of the violation. This method aims to prevent the infringer from becoming enriched.
* License Fee (Triple Damages): Depending on the infringer’s fault, the copyright holder may claim between one and three times the amount of the license fee or royalty they would have received had their work been used legally. This is a powerful tool for protecting copyright holders, especially in cases where unauthorized use is difficult to detect.
Factors such as the extent of the violation, the market value of the infringed work, the infringer’s fault, and the resulting profits are important factors in determining the amount of monetary damages. These calculations are generally conducted through expert witnesses.
Claims for Non-Pecuniary Damages
Non-pecuniary damages are a type of compensation sought in cases where the copyright infringement violates the author’s personal rights, damages their reputation, impacts their reputation, or causes them emotional distress. Violations of non-pecuniary damages arise in situations such as failure to identify the author, distortion of their work, unauthorized alteration, or violation of their will to make the work publicly available.
The amount of non-pecuniary damages is not based on a concrete calculation, unlike pecuniary damages. The judge exercises discretion by considering various factors, including the gravity of the violation, the author’s standing in society, the violation’s impact on the author’s personal rights, the violator’s fault, and their financial situation. The goal is to mitigate the moral harm suffered by the author and deter the violator.
Legal Process in Copyright Cases in Antalya
When faced with copyright infringement in Antalya, the author must follow a specific legal process to effectively protect their rights.
Precautionary Measures and Evidence Assessment
Timing is critical in copyright infringement cases. Injunctions and requests for evidence are frequently used to prevent further infringement and prevent the loss of evidence.
* Precautionary Injunction: This provides for immediate measures, such as stopping the infringing act from continuing, confiscating reproduced works, preventing the sale of the infringing material, or removing it from publication. This is a quick and effective remedy to prevent further harm.
* Evidence Acquisition: The identification and safeguarding of evidence related to the violation, such as unauthorized copies, materials used, or digital data, by court order. This simplifies the burden of proof in litigation.
Filing a Lawsuit and Trial Stage
The competent court for compensation claims arising from copyright infringement is the Intellectual and Industrial Property Rights Civil Court. If no such specialized courts exist in Antalya, the Civil Courts of First Instance will have jurisdiction.
The litigation process generally consists of the following stages:
1. Preparation of the Petition: The identity of the author, the work violated, the nature of the violation, the amount of compensation requested and the basis are stated in detail.
2. Notification and Response Petition: The lawsuit petition is notified to the other party and the other party is expected to submit a response petition.
3. Preliminary Examination and Investigation: The court evaluates the parties’ claims and evidence. If necessary, expert examinations are conducted. Expert reports are particularly important in calculating financial compensation and determining the violation.
4. Oral Trial and Decision: The final statements of the parties are taken and the decision is given by the court.
Statute of Limitations
General statutes of limitations apply to compensation claims arising from copyright infringement. In tort claims, the lawsuit must be filed within two years from the date the injured party learned of the damages and the person liable for compensation, and in any case, within ten years from the date the act was committed. However, Article 70 of the Turkish Commercial Code (FSEK) stipulates that in cases of infringement of financial rights, the lawsuit must be filed within two years from the date of learning of the infringement. These timeframes must be carefully observed to avoid loss of rights.
How to Protect Yourself Against Copyright Violations
There are both proactive and reactive measures that copyright owners can take to protect themselves against copyright infringement:
* Proactive Measures:
* Documentation of Works: Preservation of documents (notarization, digital timestamp, etc.) that prove the date of creation of the work and the authorship of the work.
* Licensing and Agreements: Creating clear and written license agreements or transfer agreements regarding the use of the works.
* Digital Rights Management (DRM): The use of technological measures that prevent unauthorized copying or distribution of digital works.
* Awareness: Informing copyright owners and potential users.
* Reactive Measures:
* Legal Consultancy: To receive immediate legal support in case of detection of a violation.
* Sending a Warning Letter: Sending a warning letter to the violating party to stop the violation and compensate for the damage.
* Filing a Lawsuit: Filing a lawsuit for compensation if the warning does not yield any results or if the violation is serious.
Intellectual and artistic works are the shared heritage of creative individuals and society. Protecting these works is vital to the advancement of art and science. It is crucial that copyright owners who face copyright infringement do not hesitate to pursue their rights and navigate the legal process effectively, both to protect their own interests and to strengthen the deterrent effect of intellectual property law. Copyright litigation, due to its legal complexity and technical details, requires expertise. Therefore, for those who are victims of copyright infringement in Antalya or who require legal assistance, seeking advice from a law firm experienced in intellectual property law is the best way to prevent loss of rights and achieve a fair outcome.