Copyright Registration in Turkey (Türkiye): How It Works Under Law No. 5846

In Türkiye, copyright protection starts automatically the moment a work is created, under the Law on Intellectual and Artistic Works No. 5846 (Fikir ve Sanat Eserleri Kanunu, FSEK) and the Berne Convention. Registration is not needed for protection. Voluntary registration (kayıt-tescil) with the Directorate General of Copyright of the Ministry of Culture and Tourism mainly gives you dated evidence.

This guide is about Turkish law only. If you want to register a work with the United States Copyright Office, that is a separate US procedure we do not cover here. If your question is how to prove, protect or enforce a work in Türkiye, read on.

Does Copyright Need to Be Registered in Türkiye?

For most authors, no. Turkish law follows the Berne principle that protection cannot depend on formalities. A novel, a photograph, a song or a piece of software is protected from the day it exists in a perceivable form, whether or not anyone files anything.

The registry kept by the Ministry of Culture and Tourism's Directorate General of Copyright (Telif Hakları Genel Müdürlüğü) exists for a different purpose. FSEK m. 13 allows authors and right holders to record their works so that their rights are easier to prove and track. The record is declaratory. It does not create the right, and it does not make someone an author who is not one.

There is one exception that readers often miss. Under FSEK m. 13, registration is mandatory for producers of cinematographic works and musical works. Film and music producers should treat it as compliance work, not an option.

What Turkish Copyright Law Protects

FSEK protects "works" (eser): intellectual and artistic products that carry the characteristics of their author. In practice the courts look for originality in this sense, meaning the personal imprint of the creator, not mere effort. The Law sorts works into four groups:

• Literary and scientific works (FSEK m. 2): books, articles, speeches, translations, computer programs and their preparatory design materials, and technical or scientific drawings and models.
• Musical works (FSEK m. 3): compositions with or without lyrics.
• Works of fine art (FSEK m. 4): paintings, drawings, sculptures, photographs, architectural works, graphic design, applied art and similar works with aesthetic value.
• Cinematographic works (FSEK m. 5): films and audiovisual works such as series and documentaries.

Adaptations such as translations, arrangements and screenplays based on a novel are protected as derivative works, without prejudice to the rights in the original. Collections and databases can be protected when the selection or arrangement is original.

Some things fall outside copyright. Ideas, methods, business concepts and mathematical principles are free; only their concrete expression is protected. Statutes, regulations and court decisions published officially can, as a rule, be freely reproduced and distributed.

Who Owns the Copyright: Authors, Employers and Commissioned Works

The author is the person who created the work. Moral rights (deciding on publication, being named as author, preventing distortion) stay with the author and cannot be transferred. Economic rights, such as reproduction, distribution and communication to the public, can be licensed or assigned.

The employment rule matters for companies. Under FSEK m. 18, the economic rights in works created by employees in the course of their duties are exercised by the employer, unless otherwise agreed or unless the nature of the work indicates otherwise. Freelancers are different. A commissioned work does not automatically belong to the client, so a written assignment is needed.

Assignment and licence agreements must be in writing and list the rights covered one by one. Our article on intellectual property licensing agreements covers drafting points in more depth.

How Long Copyright Lasts in Türkiye

Under FSEK m. 27, protection lasts for the life of the author plus 70 years after death. For works of joint authors, the 70 years run from the death of the last surviving author. Where the first right holder is a legal entity, or the author is unknown, the term is generally 70 years from the work's first publication. The term is counted from the start of the year following the relevant event.

Registration does not extend or shorten any of these terms.

Step-by-Step: Voluntary Registration with the Directorate General of Copyright

The registration procedure is governed by FSEK m. 13 and the Ministry's implementing regulation on the registration of works. Forms and accepted file formats are updated from time to time, so check the current requirements on the Directorate General's website (telifhaklari.gov.tr) before you file. The usual sequence is:

1. Confirm that the work is finished and identify the right holder. Gather the contracts that prove the chain of title if the applicant is an employer or assignee.
2. Prepare a copy of the work in an accepted format. For software, applicants often submit a source code excerpt on a storage medium with a description.
3. Complete the application form and declaration. It identifies the work, its FSEK category, the author and the right holder.
4. Pay the official registration fee. The fee is set by the Ministry and revised periodically.
5. File the application with the Directorate General of Copyright. Depending on the work and the current practice, filing may be done in person, by post or through the electronic systems the Ministry makes available.
6. Answer any deficiency notice. The Directorate checks the file for formal completeness. It does not, as a rule, conduct a full examination of originality or search for prior works.
7. Receive the registration certificate. Keep it with the exact copy you deposited.

In our experience, a complete file is generally processed within a few weeks, but timing varies with the Directorate's workload and the type of work.

Alternative Ways to Prove Authorship and Date

Ministry registration is one tool among several. Many authors combine it with other evidence:

• Notary deposit. You can lodge a sealed copy, a USB drive or a printout with a Turkish notary, who records the date. This is common for manuscripts, screenplays and software.
• Qualified electronic timestamps. Under the Electronic Signature Law No. 5070, an authorised provider can timestamp a file, proving that it existed at a given moment.
• Publication records. The name on copies of a published work creates a presumption of authorship under FSEK, which the other side must rebut.
• Working files and version history. Drafts, commit logs, emails to editors and dated raw files often decide authorship disputes in practice.

None of these is conclusive on its own. Registration and notary deposits prove that you held the work on a date; they do not prove that nobody created it earlier.

Bandrol: Banderoles on Certain Products

Separate from registration, FSEK m. 81 provides a banderole (bandrol) system for copies of certain works and related-rights products. In practice it applies to items such as books, music and film carriers distributed commercially. Selling them without a required banderole can lead to seizure and penalties. Which products need one depends on the current regulation, so publishers and distributors should check before launch.

Foreign Works and Foreign Authors in Türkiye

Türkiye has been party to the Berne Convention since 1952 and is also bound by the TRIPS Agreement and the WIPO Internet Treaties. In practice this means that a work first published or created by a national of another member state is protected in Türkiye without any Turkish registration.

A US, UK or German author whose work is copied in Istanbul can therefore sue in Turkish courts on the basis of FSEK. A US Copyright Office certificate is not required for that, although it can be useful evidence. Some foreign right holders also register locally because a Turkish certificate is easier to present to authorities and platforms. Documents from abroad generally need an apostille and a sworn Turkish translation.

Software, Websites and Online Content

Computer programs are protected as literary and scientific works, including their preparatory design material. The protection covers the code, not the underlying algorithm or functionality. For software, the employer rule in FSEK m. 18 and the contracts with outside developers decide most ownership questions.

A website can involve several layers of protection: the code, the texts, photographs, the graphic design and the database. For infringement online, FSEK provides a notice procedure to the content provider and, if the content stays up, a route through the public prosecutor for access to be blocked. Our article on copyrights and digital content protection and the note on domain, copyright and software disputes discuss these situations further.

Copyright Infringement: Civil and Criminal Remedies

Copyright disputes are heard by the specialised Civil Courts of Intellectual and Industrial Property Rights (Fikri ve Sınai Haklar Hukuk Mahkemesi) and, for offences, the corresponding criminal courts.

The main civil claims are:

• a declaratory action that an infringement exists;
• actions to stop an ongoing infringement and to prevent a threatened one;
• compensation under FSEK m. 68, where the right holder whose consent was not obtained can claim up to three times the amount that could have been demanded under a licence, as an alternative to proving actual loss;
• moral damages and surrender of the infringer's profits;
• preliminary injunctions and evidence determination (delil tespiti) before or during the case.

Copyright cases with a monetary claim are, as a rule, commercial cases, so mandatory mediation may have to be tried before suing for money.

FSEK m. 71 makes unauthorised reproduction, distribution and similar acts a criminal offence punishable by imprisonment or judicial fines. Most of these offences are prosecuted only on complaint, and the complaint must be filed within a limited period after the right holder learns of the act and the offender. For a closer look at strategy, see how to handle a copyright dispute in Turkey and intellectual property rights enforcement in Turkey.

Copyright vs Trademark vs Patent in Türkiye

Copyright covers creative expression, trademarks cover brand signs, and patents cover technical inventions. Trademarks and patents are registered with the Turkish Patent and Trademark Office (TÜRKPATENT), not with the Ministry of Culture and Tourism.

A single product can carry all three. A software company may own copyright in its code, a registered trademark for the product name and, in rare cases, a patent for a technical process. For brand protection, see our page on trademark registration in Turkey; for a broader introduction, trademarks, patents and copyrights in Turkey.

Costs and Common Mistakes

The costs of registration are modest compared with litigation. They usually consist of:

• the official registration fee set by the Ministry, revised periodically, so check the current amount before filing;
• notary fees for deposits or for certifying contracts, set under the notary tariff;
• sworn translation and apostille costs for foreign documents;
• legal fees, if you use a lawyer to prepare the file or the underlying contracts.

The mistakes we see most often:

• Registering in the wrong name. A company registers software written by a freelancer without a written assignment. The certificate then contradicts the contracts. Fix the chain of title first.
• Treating the certificate as proof of originality. The Directorate does not judge whether the work copies another.
• Keeping no copy of what was deposited. Without the exact deposited version, comparing it with the infringing work becomes hard.
• Missing the criminal complaint period. Right holders who wait months while negotiating can lose the criminal route.
• Assuming a foreign registration is needed, or is enough. It is neither; what counts in Türkiye is evidence a Turkish court will accept.

To sum up: in Türkiye you own your copyright from creation, registration is a voluntary evidence tool for most authors and a legal obligation for film and music producers, and strong contracts and dated records matter more than any single certificate. Our intellectual property practice page describes the work we do in this field, and you can contact the office with a question about a specific work.

Talk to a Lawyer in Istanbul

If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreigners and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at karanfiloglu.lawyer@gmail.com, or visit us at Merkez Mah. Hasat Sk. No:12, 34384 Şişli, İstanbul. Contact us to discuss your situation.

Frequently Asked Questions

Do I need to register my copyright in Turkey to be protected?

No. Copyright arises automatically when the work is created, under FSEK No. 5846 and the Berne Convention. Voluntary registration with the Ministry of Culture and Tourism gives dated evidence. The exception is producers of cinematographic and musical works, for whom registration is mandatory.

Where is copyright registered in Türkiye?

With the Directorate General of Copyright (Telif Hakları Genel Müdürlüğü) of the Ministry of Culture and Tourism. TÜRKPATENT handles trademarks, patents and designs, not copyright.

Is my US or UK copyright valid in Turkey?

Your work is protected in Türkiye through the Berne Convention, not through the foreign registration itself. You can enforce it in Turkish courts under FSEK. A foreign certificate can help as evidence, usually with an apostille and a sworn translation.

How long does copyright last in Turkey?

As a rule, the author's lifetime plus 70 years, counted from the start of the year after death (FSEK m. 27). Where the first right holder is a legal entity, the term is generally 70 years from first publication.

Can I register software or a website in Turkey?

Yes. Computer programs are protected as literary and scientific works and can be recorded with the Directorate General of Copyright. A website's original texts, images and code can also be protected, although a generic layout usually is not.

Who owns copyright in work created by an employee?

Under FSEK m. 18, the employer exercises the economic rights in works created by employees in the course of their duties, unless agreed otherwise. Works by freelancers need a written assignment listing the rights transferred.

What can I do if someone copies my work in Turkey?

You can sue before the intellectual and industrial property courts to stop the infringement and claim compensation, including up to three times the licence fee under FSEK m. 68. Criminal complaints are also possible under FSEK m. 71, within a limited complaint period.

How long does copyright registration take in Turkey?

A complete file is often processed within a few weeks, but timing depends on the Directorate's workload and the type of work. Missing documents are the usual cause of delay.

About the Author

Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He holds an LL.B. from Galatasaray University Faculty of Law (2016) and advises clients in Turkish, English and French; Russian- and Chinese-speaking clients are served through native-speaking advisors at the office.

Disclaimer: This article provides general information about Turkish law and is not legal advice. Laws, regulations, official fees and procedures change over time and every situation is different. For advice on your specific circumstances, please consult a qualified lawyer. No liability is accepted for any loss arising from reliance on the information in this article.