When learned that computer programs are protected by copyrights, the primary question is whether registration is required to obtain this protection. Registration is not a requirement although it does offer the advantage of proof to the right holders. However, this proof advantage can be provided in other ways. In this series article, we will focus on the details and importance of copyrights and the registration mechanism. In addition, we will also discuss the duration of copyright protection in Türkiye and international regulations on international copyright, such as the Bern Convention.
Registration as a Means of Proof in Türkiye
As mentioned in previous articles of our series, copyright protection does not necessarily depend on formal requirements, i.e., registration requirements. Therefore, registration of the work does not have any effect on the emergence of the right regarding copyright protection. However, it is possible to register the right holders within the Ministry of Culture and Tourism (the "Ministry") for ease of proof in determining the right holders in case of disputes arising from copyrights. [1]
If the registered work is subjected to a lawsuit due to a dispute, the Directorate General of Copyrights under the Ministry of Culture and Tourism will submit a copy of the registration certificate of the work and relevant documentation submitted during the application to the court.
As an alternative to the registry within the Ministry, it may also be possible to file a declaration of copyright before a notary public.
Nevertheless, it should be noted that both registries before the Ministry and filing a declaration of copyright before a notary public are not preferred for computer programs. To prove ownership, it is essential to preserve factors of the relevant work, such as the source codes, the date of electronic registration, the date of creation, and the personal information. It is also possible to adopt different strategies and procedures to prove ownership. The key point is to be able to prove the status of the work at any given date in case of a dispute without any discussions.
Compulsory Registration in Respect of Computer Games
Article 13 of the Intellectual and Artistic Works Code numbered 5846 ("Copyright Code") states that only cinematographic and musical works are obligated to be registered. Computer programs are not included within the works subjected to compulsory registration. However, according to Article 5 of the Regulation on the Registration of Intellectual and Artistic Works (the "Regulation") dated 17 April 2006, computer games should be registered like productions containing cinematographic works since they contain moving and sound images within the framework of a certain mise-en-scene or scenario.
According to this article, both domestic and imported computer games must be registered with the Istanbul Directorate of Copyright and Cinema under the Ministry. Yet, no sanctions have been provided in case of failure of this obligatory registration.
Even regarding works that are required to be registered under both the Code and the Regulation, registration does not generate a right but serves only as an ease of proof.
Protection Period of the Copyrights in Türkiye
Articles 19 and 27 of the Copyright Code indicate that the general term of protection for intellectual and artistic products that qualify as works in Turkey is 70 years during the author's lifetime and after his/her death in terms of moral and economic rights. This protection period starts when the product becomes public or when it is identified.[2] These rights shall be exercised by the persons to whom the author has transferred his/her rights (economic rights), to whom he/she has left the use of his/her rights, or by his/her heirs listed in the Code after his/her death.
International Copyrights Protection: Bern Convention
International protection of copyrights has been regulated by the Berne Convention for the Protection of Literary and Artistic Works ("Bern Convention"). The Bern Convention, in which Türkiye became a contracting party in 1995, has 181 contracting parties today.[3] As such, it would not be wrong to conclude that the Berne Convention is valid almost all over the world.
Bern Convention sets general rules for the contracting parties about the protection of copyrights and provides this bare minimum protection to a work that has been protected by copyrights in a contracting state. The bare minimum protection has been set upon these principles [4]:
The contracting parties must provide the same protection that they provide to their citizens to the works which had been published in other contracting parties (or works of the citizens of these countries).
There must be no formality requirements for the protection.
The protection is not dependent on the existence of protection in the country of origin (the country where the work was first published/publicized). However, if a contracting party grants protection beyond the minimum term of protection provided by the Bern Convention (50 years starting from the death of the work owner), this extra protection will expire if the protection in the country of origin has ended.
The Bern Convention determines which works to be protected, the bare minimum period of protection, and the rights provided to the work owner in contracting parties.
The legislation related to the subjects not covered by the Bern Convention must be analyzed separately. For example, the legal actions (transfer, license), and employee-employer relationship in terms of copyright protection are not covered by the Bern Convention. Therefore, these subjects require particular attention in situations involving many countries.
For further queries, please contact:
Dogukan Berk Aksoy, LL.M.
Attorney at Law | Trademark Attorney | Patent Attorney
T: +90 312 969 09 63
Evren Firat Goklu
Attorney at Law | Trademark Attorney | Patent Attorney
Furkan Mert Ozkaynak
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[1] T.C. Kültür ve Turizm Bakanlığı Telif Hakları Genel Müdürlüğü, “Zorunlu Kayıt-Tescil Başvuruları” <https://telifhaklari.ktb.gov.tr/TR-333823/zorunlu-kayit-tescil-basvurulari.html> last accessed on 02 December 2024.
[2] İlhami Güneş, Uygulamada Fikir ve Sanat Eserleri Hukuku, Seçkin Yayıncılık, Ankara, 2022, s.277.
[3] WIPO, “Contracting Parties” <https://www.wipo.int/export/sites/www/treaties/en/docs/pdf/berne.pdf> son erişim tarihi: 29.11.2023.
[4] WIPO, "Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886)" <https://www.wipo.int/treaties/en/ip/berne/summary_berne.html> last accessed on 02 December 2024.