How to File a Copyright Infringement Complaint in Turkey

Reproducing, distributing, or communicating a work to the public without the author's permission constitutes a copyright infringement that entitles the rights holder to pursue both civil and criminal remedies.

Works Protected by Copyright

Under Copyright and Neighbouring Rights Law No. 5846 (FSEK), scientific and literary works, musical works, works of fine art, and cinematographic works are protected. The author's moral rights (being named as author, protection of the integrity of the work) and economic rights (reproduction, distribution, adaptation, performance, communication to the public) are protected separately.

Civil Remedies

The rights holder may bring actions to determine and stop the infringement (an injunction action), remove the material consequences of the infringement, and claim material and moral damages. Under Article 68 of the FSEK, in cases of unauthorized use, damages of up to three times the fee that would have been payable under a licence agreement may be claimed.

Criminal Route and the Complaint Period

Under Article 71 et seq. of the FSEK, copyright infringement is an offence carrying various terms of imprisonment; investigation and prosecution can only proceed if the rights holder files a complaint. The complaint must be filed within six months of learning of the infringement and the infringer's identity, otherwise the right to complain lapses.

Remedies for Online Infringement

For infringements on social media and video-sharing platforms, a copyright complaint can first be filed directly with the relevant platform; a request to remove the content can also be made to the Information and Communication Technologies Authority (BTK) or the access provider. Sending a notarized formal notice to the infringer serves both as a warning and as evidence.

Proof and Evidence Gathering

Evidence showing that the work belongs to you (authorship) and that the infringement occurred — screenshots, publication dates, and, where available, a notarized determination — is decisive in both civil and criminal proceedings. The fact that a work was not previously registered does not bar it from protection; FSEK protection arises automatically upon the creation of the work.

Practical Recommendations

As soon as you notice an infringement, first record the evidence (screenshot, link, date); then pursue a platform complaint and, if necessary, a formal notice. If you intend to pursue the criminal route, do not delay, so as not to miss the complaint period.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.