Your Shield Against Copyright Infringement

Your Shield Against Copyright Infringement. Today, the internet is being accepted as a massive platform where all kinds of information, art, and content are being shared at an unlimited speed. Digital content creators are putting forth their labor by producing articles, photos, videos, and music on this platform. However, the easy copying and unauthorized use of these digital works are making the protection of copyrights more important than ever. The Law on Intellectual and Artistic Works is ensuring that these digital labors are being taken under a legal protection. In this article, what copyright infringements are on the internet, which legal ways must be followed when a content theft is being encountered, legal and criminal sanctions, and how rights will be defended in this process are being addressed in detail.

1. What is an Intellectual and Artistic Work and How Does Copyright Arise?

Copyright is expressing the pecuniary and non-pecuniary rights that a creator of a work has over that work. Copyright is arising by itself with the creation of a work, and a registration or application procedure is not being needed.

The Types of Work: According to the Law on Intellectual and Artistic Works (FSEK), works are being separated into four main categories:
- Works of science and literature (articles, books, software),
- Musical works (songs, compositions),
- Works of fine art (photos, paintings),
- Cinematic works (films, videos).

2. What is Copyright Infringement in the Digital Environment?

Your Shield Against Copyright Infringement. Copyright infringement is the situation where a work is being reproduced, disseminated, sold, used, or altered without the permission of the owner of that work. The most frequently encountered copyright infringements in the internet environment are:

Unauthorized Copying and Sharing: A photo, article, or video being shared on social media or another website without the permission of the owner.
The Use of Copyrighted Content for Commercial Purposes: A music belonging to another person being used in an advertisement or a video without permission being taken from the owner.
Linking: A copyrighted content being published by a direct link being given to a website without the permission of the owner is also being accepted as an infringement.

3. Legal Ways Against Copyright Infringements

Against copyright infringements, a fight is being given with both legal and criminal ways. The first steps that a content creator must take when they are encountering an infringement are:

The Detection of the Infringement: The detection of the infringement must be done with methods such as taking a screenshot and saving the URL address of the infringing content.
Sending a Warning to the Person Who Has Committed the Infringement: Most of the time, the sending of an infringement warning is ensuring the infringement to be eliminated.
Legal Application: If the infringement is continuing, legal ways must be applied to.

4. Civil Lawsuits: Pecuniary and Non-Pecuniary Compensation

In the situation of a copyright infringement, a civil compensation lawsuit can be filed by the content creator. This lawsuit is being regulated in the relevant articles of the Law on Intellectual and Artistic Works.

Pecuniary Compensation: It is ensuring the compensation of the damage suffered due to the infringement. This damage can include the loss of profit that could have been obtained if there was no infringement, the license fee of the content, or the decrease in the value of the content.
Non-Pecuniary Compensation: It is ensuring the redressal of the non-pecuniary damage suffered due to the violation of the moral rights (such as the protection of the integrity of the work, the name of the author being written on the work) of the author.

5. Criminal Sanctions: Imprisonment and Judicial Fine

Many of the copyright infringements are also constituting a crime at the same time. FSEK’s Article 71 is foreseeing criminal sanctions for those who are infringing copyright.

Criminal Responsibility: In situations such as a work being copied, disseminated, or sold without the permission of the owner, it is possible for the perpetrator to receive imprisonment or a judicial fine.
Complaint: For a criminal process to be initiated, a complaint petition must be submitted by the author. Upon the complaint, an investigation is being initiated by the public prosecutor’s office.

6. The Responsibility of Digital Platforms

Digital platforms such as YouTube and Instagram have established mechanisms (Content ID, DMCA) within their own structure for the prevention of copyright infringements. However, the legal responsibility of these platforms is being regulated with the Law on the Regulation of Publications on the Internet and the Fight Against Crimes Committed Through These Publications No. 5651.

Publisher and Content Provider: Platforms are obliged to remove unlawful content. If an infringement notification has been made about a content and the platform is not removing this content within a reasonable period, their legal responsibilities can arise.

7. Legal Support and Ways of Protection

For digital content creators, protecting their copyrights is of vital importance for them to be able to continue their creativity.

Legal Counseling: Legal counseling being taken from a lawyer is necessary for the correct steps to be taken in the situation of a copyright infringement, for legal processes to be managed, and for rights to be defended in the best way.

Your Shield Against Copyright Infringement.The internet is being accepted as a platform that is containing both a great opportunity for digital content creators and risks such as copyright infringements. In the Turkish legal system, a strong legal framework is being found for the protection of these works with the Law on Intellectual and Artistic Works. It is of vital importance for a content creator to know what a copyright infringement is, not to hesitate to use legal ways when they are encountering an infringement, and to take support from an expert lawyer in this process for the protection of their rights.

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