KÜHEYLAN HUKUK
How to Protect Copyright? Work Registration, Notary Identification and Proof of Work Ownership The emergence of protection within the scope of the Law on Intellectual and Artistic Works No. 5846, the registration-registration system of the Ministry of Culture and Tourism, means of proof, the form of transfer and license agreements. This guide has been updated as of 2026, based on the Law on Intellectual and Artistic Works No. 5846, the Regulation on the Registration and Registration of Intellectual and Artistic Works and the Supreme Court case law.
In Turkish law, copyright arises automatically when the work is created; There is no registration requirement as in a trademark or patent. Therefore, the answer to the question "how to obtain copyright" is how to prove ownership and the date of creation of the work in case of a dispute, rather than obtaining the right. This guide explains which products are considered works, the presumption of authorship of the Law on Intellectual and Artistic Works (FSEK), voluntary recording-registration at the Ministry of Culture and Tourism, proof tools such as notary determination and digital records, rights ownership in works produced and produced on order, the form requirement of transfer and license agreements, and the status of content produced with artificial intelligence.
1. When and How Does Copyright Arise?
According to FSEK, a work is any intellectual or artistic product that bears the characteristics of its owner and falls within one of the works of science and literature, music, fine arts or cinema (Art. 1/B). Computer programs and databases are also protected among scientific and literary works (art.2). The owner of the work is the person who created the work (Art.8). Protection begins with the creation of the work and is not subject to any application, registration or fee requirements.
The law protects the work itself; It does not protect the idea, method or business model expressed in the work. The plot of a novel, the idea of an advertising campaign, or the function of an application are not protected by copyright alone; what is protected is their original form of expression. The period of protection is for the lifetime of the work owner and seventy years following his death (Article 27).
A person who uses his name or a well-known pseudonym as the author of a published work or a work of fine art is deemed to be the owner of the work until the contrary is proven (FSEK art. 11). This presumption is decisive in disputes as it transfers the burden of proof to the other party. Therefore, the presence of your name, signature or watermark on the work is not a simple habit, but a legal guarantee.
In a decision dated 2026, the 11th Civil Chamber of the Supreme Court of Appeals stated that although screenshots on personal computers and cloud storage records alone do not provide a definitive opinion on the issue of authorship, it should be accepted that the presumption of authorship arises with these records showing the date of creation (11th HD, 24.03.2026, E.2025/4482, K.2026/1635). The decision clearly shows the value of keeping digital records in order in terms of proof.
Ministry registration Registration in the official registry and date; registration of financial rights It is based on declaration; The Ministry is not responsible for the content (Art.13)
Notary detection Official document that the work existed on a certain date The entire work must be added to the detection report.
Publication and first share Publication together with the name gives rise to the presumption of Article 11 A dated and undeleted record of the sharing should be kept
digital records Raw files, drafts, version history, metadata The integrity of the records must be suitable for expert examination.
Timestamp and email Technical proof of ownership of content on a specific date Qualified electronic timestamp increases proof power
Registration is mandatory for film and phonogram producers for productions involving cinema and musical works. Registration for all other works is subject to the request of the author (FSEK article 13/3). The procedures are carried out by the General Directorate of Copyrights in accordance with the Regulation on the Registration and Registration of Intellectual and Artistic Works. The law clearly states that registration does not create rights and that the purpose is to provide ease of proof; Registration is based on declaration and the person who makes a false declaration faces legal and criminal sanctions in FSEK.
Having a copy of the work identified by a notary public proves with an official document that the work existed at that date at the latest. This method is especially preferred before sharing unpublished works such as scripts, novel drafts, project presentations, software source codes or design files with third parties.
The rights of workers or civil servants over the works they create while performing their jobs are exercised by employers, unless otherwise evident from the special relationship between them and the nature of the work (FSEK article 18/2). This rule applies only to works produced within the scope of the assignment; The employee retains the rights over the work he/she produces outside of his/her job description. In works commissioned by a freelance designer, software developer or photographer, the rights do not automatically pass to the person who placed the order. The fact that the payment has been made does not mean that any use of the work is permitted, unless the transfer of financial rights is regulated in the contract.
Contracts regarding the transfer of financial rights or the granting of usage permission (license) must be in writing and the rights involved must be indicated one by one (FSEK article 52). Reproduction, dissemination, public transmission, processing and representation rights are separate rights; The transfer of one does not include the other. Specifying the duration, place and scope of use in the contract largely prevents disputes that may arise later. The distinction between license (simple license) and full license (exclusive license) must also be made clearly (Art. 48). Even if the owner of the work transfers his financial rights, he, as a rule, preserves his moral rights, that is, the right to present the work to the public, to indicate its name, and to prohibit changes in the work (Art. 14-16). For this reason, issues regarding the use of moral rights should also be regulated in agency, publishing house and software contracts.
FSEK defines the author as the person who created the work (Art. 8) and the criterion of specialness is based on human creativity. In this context, it is difficult to protect content produced entirely by artificial intelligence systems without human contribution as works. On the other hand, in works where a person uses artificial intelligence as a tool and makes decisive creative choices on selection, arrangement, editing and final form, the elements that are the product of this human contribution can be considered within the scope of protection. Since there is no established Supreme Court case law in this field yet, documentation of the production process is beneficial in terms of proof.
A freelance graphic designer presented three logo drafts for a new beverage brand in a meeting with an advertising agency; The agency stated that they could not agree on the fee and gave the job to another designer. A few months later, the designer saw one of his sketches used, with minor changes, on the brand's packaging. There is no written contract between the parties.
If the logo draft is an original graphic work (FSEK article 4/1-6), the designer is the owner of the work. Since there is no written contract specifying the rights one by one, there is no financial right transferred to the agency or the brand (Article 52). The outcome of the dispute depends on proof: The e-mails in which the drafts were sent, the creation dates of the design files and the version history become the basis for the presumption of authorship, in accordance with the approach in the Supreme Court's 2026 decision. The designer may request that the infringement be stopped by having the packaging identified along with these records, three times the market price in accordance with Article 68 of FSEK, and non-pecuniary damages. If the logo is registered as a trademark, it is also possible to object or invalidate the trademark application based on copyright (SMK article 6/6, article 25).
If I do not register my work with the Ministry, will it not be protected?
It is protected. Copyright arises with the creation of the work; Registration only provides ease of proof. Producers also have a registration obligation for productions containing cinema and musical works.
Can I copyright an idea or business model?
No. FSEK protects the original form of expression, not the idea itself. Confidentiality agreements, trade secret provisions, and, where appropriate, patents or utility models should be considered to protect ideas.
Is sending an email to myself enough to prove it?
History is an evidence that shows; However, it may not provide definitive proof on its own. It is recommended to be supported by notary determination, registration-registration or qualified time stamp.
What should be done for lyrics or composition?
Dated records of the original version of the work should be kept, publications and shares should be made by specifying the name for the presumption of ownership of the work, and membership in one of the music professional associations should be considered for income tracking. Is the content I share on social media available to everyone? No. Sharing means making the work public; However, financial rights remain with the author and unauthorized commercial use will result in liability for compensation.
Sharing drafts without recording: Sharing unpublished works with third parties without dated evidence makes it difficult to prove in case of copyright dispute.
Transferring rights in general terms: Phrases such as "All rights are transferred" may not meet the requirement to indicate individual rights.
Not making a contract for commissioned work: Payment does not mean the transfer of financial rights.
Leaving the job description unclear in employee works: Rights on works produced outside of duty remain with the employee.
Not documenting the process in AI-supported production: Proof of human contribution determines the existence of protection.
Copyright arises without requiring registration; However, this convenience leaves the burden of proof on the shoulders of the author. Documenting the date of creation and ownership of the work through registration, notary determination and regular digital records, and binding the transfer and license relations to written contracts showing the rights one by one, are the conditions for the right to be actually protected in the event of a dispute.
Küheylan Law Firm offers holistic legal support to writers, designers, software developers and content producers, protecting the commercial value of the work in the documentation of work ownership, registration-registration procedures, preparation of transfer and license agreements, and detection, warning and lawsuit processes in case of violation.
Important Legal Notice: This guide has been prepared by Küheylan Law Firm for general information purposes and does not constitute a legal opinion. Since legislation and judicial precedents may vary, a file-specific legal evaluation must be made before deciding on concrete disputes. Person names and numbers in the case studies are representative.
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