Notice and Takedown Procedure for Digital Copyright Infringements in Turkey

Emir Aksoy LL.M, LL.M. IP

Copyright protection in Turkey is regulated under the Intellectual and Artistic Works Law No 5846. Turkey has unfortunately become one of the hubs for digital copyright infringement especially for movies and TV shows. Due to the high income generated through ads, the business models of many new web sites in Turkey are based on publishing copyright infringing content.

In 2004 a fast two-stage solution was introduced under the supplemental Article 4 of Law No 5846 to combat these digital copyright infringements.

First stage is the notice and takedown for copyright infringements , which requires the content provider to takedown the infringing content from the website within three days following the notice to be made by the right holders.

Second stage starts if the content provider does not take down the infringing content in the given time. In this case, a request shall be made to the public prosecutor requiring the service provider to cease the services being provided to the content provider persisting in the violation, within three days. In case the violation is ceased, the service being provided to the content provider shall be restored.

Lastly, if the service provider does not comply with the order of the public prosecutor, criminal lawsuits may be initiated against non-complying service providers.

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