Copyrights do not require official applications in order to be protected as distinguished from the industrial property. The works protected by the Law on Intellectual and Artistic Works benefit from a natural protection starting from the moment the work is created. While it is not necessary for the copyright protection to be officially registered, it is possible to perform some processes in order to protect the rights on the work and especially to determine the right holders and with the intent of recording. This is generally in the way of optional records and notary records.
In Turkey, copyrights are protected by the Intellectual and Artistic Works Law (Copyrights Law) No. 5846 which was amended by the law no 5101 in 2004. The protection duration is along the lifetime of the author and for 70 years following the death of the author.
Optional record is a process providing the ease of demonstration in determining the author, i.e. person or persons creating the work, and performed optionally. This process is conducted within the body of the Ministry of Culture and Tourism in Turkey. This process is based on declaration and does not have a right-constituting feature. The ideas cannot be recorded or registered with their abstract forms, but it is only possible to record them on the condition that they are embodied and formalized (turn them into the form of a work).
As a consequence of the optional record application, the applicant is supplied with a document comprising the information about the author and the work in accordance with the transaction carried out.
On the condition that the work recorded optionally is a matter in dispute, a sample of the record document and the documents given for the application are presented to the court through the Ministry of Culture and Tourism – Directorate General for Copyrights, if it is demanded by the court.
Also, it is possible that the documents indicating right-ownership and the declaration implying that the person has created the work and all of the rights on this work belong to the person can be arranged or approved by the notary.
Markiz Patent provides a direct consultancy service on the copyrights.