Protection and Licensing of TV Formats under Turkish Law

In Turkey, the protection and licensing of television formats are governed by a mix of copyright law, unfair competition law, and contractual agreements. While TV formats do not enjoy direct protection under Turkish copyright law, there are avenues through which creators can safeguard their formats. This article explores the nature of TV format protection, licensing practices, types of TV formats, and relevant legal frameworks.

 

I. Nature of TV Formats under Turkish law

 

– Copyright Protection Criteria: For a work to receive copyright protection in Turkey, it must be original and exhibit a creative aspect. TV formats are often considered to be a set of ideas or concepts, which are typically not protected under copyright, as copyright does not protect ideas, methods, or concepts, but rather the expression of those ideas.

– Format as a Work: If the TV format includes detailed scripts, character outlines, or specific expressions (like episode scripts, dialogues, or graphical representations), it may be considered an original work of literature or art. This part of the format could potentially receive protection under the *Law on Intellectual and Artistic Works (Law No. 5846)* as a “cinematographic work” or as a “work of art.”

 

II. Types of TV Formats under Turkish law

TV formats come in various styles and structures, each with its unique set of rules, presentation style, and target audience. Here are some of the common types:

– Game Shows: These involve competitions or quizzes where participants often compete for prizes. Game shows usually have a standardized format with a specific structure (such as rounds, scoring systems, and rules) that can be replicated across different countries and languages. Examples include trivia-based formats, physical challenge-based formats, or puzzle-solving competitions.

– Reality TV Shows: These formats document real-life situations involving individuals or groups in a specific setting. They range from competition-based reality shows, like talent competitions, to observational reality TV that follows the daily lives of participants. The core of reality TV is the unscripted nature, even though many elements, such as the setting and format rules, are carefully designed.

– Talent Shows: These are a subcategory of reality TV, focusing on discovering new talent in areas like singing, dancing, cooking, or other skills. The format often involves auditions, mentorship, and elimination rounds leading up to a grand finale. The structure is highly replicable, making it popular for international adaptations.

– Scripted Drama and Telenovelas: While not as flexible for adaptation as other formats, these involve serialized storytelling and often come with a formula that can be adapted to local cultures. They are typically more protected under copyright law due to the specific script and storylines.

– Documentary Series: These formats blend elements of journalism and storytelling to explore real-life topics, often with a specific thematic focus. Documentary series can have a pre-defined narrative structure, making them adaptable to different regions while focusing on local stories.

– Talk Shows: Talk show formats typically feature a host or panel discussing various topics with guests. These can be interview-based or include interactive segments with the audience. While the general concept may be generic, specific elements like the set design, segment structures, and host style can be protected.

– Dating Shows: These involve participants who interact with one another with the aim of forming romantic relationships. Dating shows often include a competitive element, like eliminations or challenges, and have become popular due to their adaptable format that allows for localization.

III. Unfair Competition Law regarding TV Formats under Turkish law

– If a TV format under Turkish law is not protected directly by copyright law, it might be protected through unfair competition provisions under the Turkish Commercial Code.

– This protection applies if a competitor copies a TV format in a manner that misleads or takes unfair advantage of the original creator’s efforts. To prove such a claim, one would need to demonstrate that the copied format has distinct elements and that the copying has led to confusion or unfair benefit.

– Court of appeals has a decision dated 05.06.2024 regarding the concept of TV formats under Turkish law which explains that the TV format idea itself cannot be protected as a work regarding copyright law but they can be protected under unfair competition law under some conditions. The decision can be found under the link below.

https://www.lexpera.com.tr/ictihat/yargitay/11-hukuk-dairesi-e-2023-91-k-2024-4716-t-5-6-2024

IV. Licensing of TV Formats under Turkish law

Licensing is a crucial tool for creators and producers to commercialize their TV formats under Turkish law, especially given the limited direct copyright protection available. Here’s how licensing typically works:

– Licensing Agreements: Creators can license the rights to use, adapt, or produce a TV format through a formal agreement with a production company or broadcaster. The licensing agreement generally defines the scope of use, territories, duration, and royalty payments. This ensures that the format creator retains control over how their work is utilized and that they receive compensation for its use.

– Exclusive vs. Non-Exclusive Licenses: TV format licenses can be exclusive, allowing only one licensee to use the format in a specified market or non-exclusive, permitting multiple licensees to use the format. Exclusive licenses often command higher fees due to the restriction placed on competing adaptations within the same region.

-Revenue Sharing: Licensing agreements for TV formats under Turkish law often include terms for revenue sharing, where the creator or owner of the format earns a percentage of the profits generated from adaptations, productions, or broadcasts of the format. This can be based on a percentage of advertising revenue, subscription income, or other revenue streams.

– Localization and Adaptation Rights: An important aspect of licensing TV formats under Turkish law is the right to localize or adapt the format for a specific market. This includes changes to language, cultural references, and other content adjustments. The licensing agreement can specify what elements must remain consistent with the original format and what can be adapted.

V. Contracts and Confidentiality Agreements for TV Formats under Turkish Law

– Given the limited copyright protection, producers often rely on contracts and licensing agreements to safeguard their TV formats. These agreements can specify the terms under which a format can be used, adapted, or licensed.

– Non-Disclosure Agreements (NDAs): NDAs are used to protect the confidentiality of a TV format’s details during discussions with potential partners, broadcasters, or production companies. This is especially critical before a formal licensing agreement is signed.

– Format Licensing Agreements: These agreements ensure that the format owner maintains control over how the concept is executed, providing a legal framework for managing any breaches or disputes regarding the format’s use.

VI. Related Case Law and Practices regarding TV formats under Turkish law

– For TV Formats under Turkish law, Turkish courts have generally taken a cautious approach toward recognizing copyright protection for TV formats directly. In cases where protection has been granted, it has often been due to the specific, detailed, and original expression of the format rather than the general concept.

– For instance, courts have evaluated whether a TV format includes detailed scripts, distinctive characters, or unique design elements that go beyond a mere concept, making it eligible for protection.

– Licensing disputes often arise when one party claims that a similar format infringes upon their licensed concept. In such cases, the courts examine the terms of the licensing agreement and whether the elements of the format have been directly copied or merely inspired by.

Conclusion

While the direct protection of TV formats under Turkish law is challenging due to the abstract nature of formats, creators can seek protection through copyright for specific expressions, use unfair competition claims, and strengthen their position through robust contractual agreements.

Licensing plays a crucial role in monetizing TV formats, allowing creators to maintain control and receive compensation for the use of their ideas. Through careful drafting of licensing agreements and the use of NDAs, creators can effectively protect and commercialize their TV formats in the Turkish market.

If you are looking to protect your TV format under Turkish law or license an existing one, it is essential to work with an intellectual property (IP) lawyer who can provide tailored legal advice, draft robust licensing agreements, and ensure that your rights are fully protected under Turkish law.