LEGAL ASSESSMENT

We assess your work, the permission to use it and the infringement together

Copyright law governs the rights in creative products that qualify as works and the conditions under which those products may be used. The fact that a photograph is found on the internet, that software has been delivered or that a shooting fee has been paid does not mean that all rights of use have been acquired automatically. Authorship, the contract and the manner of use must be examined separately.

Güneş & Güneş Law Firm provides advice, contract work and dispute follow-up in the copyright relationships of authors, heirs, content creators, publishers, producers, architects and businesses. At the first consultation, the request, the need for evidence and the route that can be followed are clarified on the basis of the original files, the permission documents and the use that is the subject of the alleged infringement.

SCOPE OF SERVICES

Advisory and Litigation Services for Copyright

Review the heading that fits your needs. The work to be undertaken is determined by assessing the documents and the circumstances of the file.

Photographs, video and digital content

We examine uses on websites, social media, catalogs and advertisements in terms of the nature of the work, the rights holder and the permission given. We determine the notice or lawsuit route that suits an allegation of unauthorized use.

Raw files and first-publication records
Medium used, term and modifications

Music, performances and audiovisual productions

We identify the separate rights of the composer, lyricist, performer and producer, and we record the permissions required for recording, broadcast, stage and advertising uses in the contract.

Composition and sound recording permissions
Production, broadcast and use agreements

Books, texts and educational content

In print publications, e-books, course content and translation projects, we set out the conditions for printing, distribution, digital publication and reuse.

Publishing, translation and editorial relationships
Print run, reporting and royalty payments

Architectural projects and visual works

We separate the elements that may be protected in project drawings, buildings, graphics and illustrations; we assess allegations of copying, adaptation and modification together with the contract.

Project versions and delivery documents
Qualification as a work and scope of permission

Software and database rights

We examine the ownership of rights in source code, documentation and database structure through the relationships of the developer, employees and external service providers. We address technical delivery and the legal authority to use separately.

Source code and third-party licenses
Open source conditions and reuse

Assignment of economic rights and license agreements

We clarify the rights assigned, the country of use, the term, the medium and the fee. We determine sublicensing, exclusivity, modification and what happens to use when the contract ends.

Listing the rights separately
License scope and revenue settlement

Employee and commissioned works

For content produced within an employment relationship or on commission, we separate authorship from the authority to exercise the rights. We examine whether payment and delivery documents are sufficient.

Job description and contributions to production
Agency, employee and independent creator agreements

Legal remedies against copyright infringement

Based on the available evidence, we assess a formal notice (ihtar), a notice to the platform, preservation of evidence, prevention or removal of the infringement, and monetary claims. We prepare an injunction request on the basis of the specific risk and documents.

Separating claims for damages and for a fee
Criminal complaint, if the conditions are met

License review and commercial uses

We examine the scope of the use of music, images and broadcasts in hotels, restaurants, events and digital platforms. We assess contractual relationships with the relevant rights holders and professional associations.

Existing permissions and repertoire coverage
Use of foreign licenses in Türkiye

BEFORE YOU DECIDE

Distinctions in copyright that change the outcome

Whether a right arises, who may exercise it and which claim may be asserted in the event of infringement are different questions.

Not every idea or piece of content is a work

Under Law No. 5846, protection is assessed on the basis of the types of works listed in the law and on whether the work bears the stamp of its author’s individuality. Describing an abstract idea, method or business model does not, by itself, give a monopoly over all implementations. For a product that does not qualify as a work, other protections arising from contract, unfair competition or personality rights may be examined separately.

Registration does not create copyright

Copyright arises when a work that meets the conditions for protection is created. Voluntary registration (kayıt-tescil) may make proof easier; it does not establish conclusively that the applicant is the actual author. Mandatory registration or banderole (bandrol) obligations for certain productions are administrative rules separate from the creation of the right.

Paying a fee is not the same as acquiring all rights

Obtaining a copy of a work is different from acquiring the economic rights. Under Article 52 of Law No. 5846, contracts and other dispositions concerning economic rights must be in writing, and the rights concerned must be listed separately. Whether the wording “all rights belong to the buyer” is sufficient in the specific contract is examined separately. Moral rights cannot be assigned the way economic rights can.

Employee, employer and commissioning party are not in the same position

The person who created the work and the person authorized to exercise the economic rights may be different. For works an employee produces while performing their job, Article 18(2) of Law No. 5846, the contract and the nature of the job are assessed together. Commissioning a work from an independent person does not automatically make this employer rule apply.

Damages and a threefold fee are not automatic outcomes

Under Article 68 of Law No. 5846, if the conditions are met, up to three times the fee that could have been requested had a contract been concluded, or the fee determined by the market rate, may be claimed. This does not mean that threefold compensation will be awarded in every case. The infringement, the ownership of rights, the fee, the nature of the claim and its relationship to other requests are assessed in the specific case.

OUR APPROACH

Our Approach in Copyright Disputes

We do not base the assessment solely on the similarity of two images. The creative process, the distinguishing features of the work, the rights under the contract, and the purpose and scope of the use are addressed in the same review. This prevents claims about ownership of rights, breach of contract and copyright infringement from being confused with one another.

We take into account that the permission of more than one rights holder may be needed for a work, and that authorship, performance and production rights may not appear in the same document. We clarify the effect of new permissions granted through negotiation on past uses, together with release and payment provisions. For a user facing an infringement allegation, we examine the valid license, the statutory exceptions and the limits of use.

Ownership of rights and initial assessment
The work, the people involved in its production, the contracts and the dates of use are examined; the element that may be protected and the person who may make a claim are identified.
Identifying the use and the evidence
The limit of permission, the right infringed, the place of publication and the existing records are compared. For content that could disappear, an appropriate method of documentation is assessed.
Choosing the contractual or procedural route
Negotiation, arranging permission, formal notice, a notice to the platform or the judicial route are distinguished. Subject-matter and territorial jurisdiction, time limits and, where required, procedural prerequisites are checked.
Carrying out the steps
After acceptance of the matter and the necessary authorization, the agreed steps are carried out; where needed, a technical opinion or an examination by a court-appointed expert is considered.
Outcome, implementation and information
Developments, settlement options, the implementation of the decision and any legal remedies are explained. Whether later use complies with the contract is addressed separately.

PREPARING FOR THE FIRST CONSULTATION

Preparing for a Copyright Consultation

A short summary of the matter is enough for the first inquiry. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

The original file of the work, its drafts and, if available, its version history
Dates of creation, delivery, first publication and of learning about the infringement
Relevant contracts, permissions, correspondence and payment documents
Links to the use that is the subject of the alleged infringement, dated images and a short explanation of the request

What may be requested depending on the file

Employees’ job descriptions and the contributions of the people who took part in production
Registration, banderole, inheritance or representation documents
License revenues, comparable contracts and records relating to the loss
Platform responses, official notifications, formal notices and pending files

Confidentiality of your information

The information and documents you share are used, within the framework of the attorney’s professional secrecy and the principles of personal data protection, only for legal assessment and for carrying out the work undertaken. Do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our office will specify.

Statement on confidentiality and information security

REPRESENTATION AND COMMUNICATION

Copyright Services Based in Antalya and Serving All of Türkiye

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and operating in Antalya since 2007, assesses contracts and disputes with a Türkiye connection involving authors, content creators and businesses that use works. The place where the infringement occurred, the manner of use, ownership of rights and the evidence are taken as the basis.

In relationships with a foreign publisher, platform or producer, the country, the territory of use, the law applicable to the contract and the need for local representation in the foreign country are distinguished. Steps in Türkiye are carried out by our office; necessary steps under foreign law are carried out in coordination with attorneys authorized in that country. Communication in Turkish, English, German and Russian is possible.

Separating fees and expenses

The scope of advice, contracts, litigation and follow-up is determined separately. The attorney’s fee is explained separately from court fees, notary, translation, court-appointed expert and other third-party costs.

Sharing an Unpublished Work

In your first inquiry, instead of sending the whole work, you can share the type of work, the dates of creation and use, and a short summary of the dispute. The method and scope for examining the source files are determined afterwards.

Notices and Use Schedule

If there is a formal notice that has been served, a notice from a platform or an upcoming publication date, state the document and the date. Stopping past use and obtaining permission for future use are planned as different steps.

FREQUENTLY ASKED QUESTIONS

Questions About Copyright

The answers are general information. The route and conditions that apply to your request are assessed on the basis of specific information and documents.

If my name is credited on my photograph, is unauthorized use lawful?

Giving a name does not, by itself, grant permission to use. The economic right used, any license and any statutory exception are examined separately. Whether the photograph qualifies as a work is also assessed independently of the allegation concerned.

Does shortening a piece of content or changing its color resolve a copyright problem?

Minor changes do not by themselves make a use lawful. What matters is whether original elements were used, adaptation and other rights, and the scope of the permission given. There is no single percentage limit for similarity that applies to every case.

Can I share an entire text if I cite the source?

Citing the source does not give unlimited authority to republish. The purpose and scope of the quotation, the nature of the work used and the conditions in Law No. 5846 are examined together. Separate permission may be needed to reproduce the full text.

Is a platform’s music library sufficient for use in advertising?

It must be checked whether the library license covers personal sharing, a commercial account or advertising. When the same recording is used in a different medium or in a paid campaign, the scope of permission may change; rights in the work and in the sound recording are also separate.

Can I prove copyright infringement with a screenshot alone?

An image can be useful, but the source address, the date, integrity and the link to the original file also matter. For content that may change, a notarial record of findings, preservation of evidence ordered by a court or another suitable method may be needed; the same method is not required in every file.

If the content is removed, can I still make a claim for past use?

Removal does not by itself eliminate claims that may arise from past use. The duration of the infringement, permission, a claim for loss or for a fee and any settlement or release provisions are assessed separately.

Can I use a logo or video I commissioned in another project?

The question is whether the existing contract covers the new project, medium, country and term. If the work contains images, music or text belonging to third parties, the limits of permission for these are also examined separately.

If I receive a formal notice about copyright, should I pay right away?

First, the sender’s authority, the right in the work, the specific use and the basis of the amount demanded should be checked. Keep the notice and the records of use; if a step is subject to a time limit, the preparation of the reply should proceed according to that time limit.

Is mediation required before a copyright lawsuit?

There is no single answer for every copyright dispute. The nature of the lawsuit and the claim, whether it counts as a commercial case, and the relevant rules on procedural prerequisites are checked. A request to prevent the infringement and a monetary claim may not be subject to the same procedural assessment.

Does the copyright in content generated with artificial intelligence definitely belong to me?

The contract of the tool used does not, by itself, determine authorship within the meaning of Law No. 5846. Human contribution, original creation, inputs and third-party rights are examined together. A conclusion of definite ownership or free use is not reached merely because an output was obtained.

Can action be taken in Türkiye for an infringement published abroad?

The connection of the publication to Türkiye, the residence of the parties, the country for which protection is sought and the applicable law are examined. A platform application, proceedings in Türkiye and representation in the foreign country may require different scopes.

RELATED SERVICES AND LEGAL BASIS

Find Information Related to Your Matter

Technology, Data, Intellectual Property and Media

Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. A review of sources does not replace a legal opinion tailored to the individual.

NEXT STEP

Let’s Review Your Matter Together

Please share your request, a short summary of the facts and, if any, the date of an upcoming step. At the first consultation, which documents will be reviewed and which legal routes will be considered is clarified.

Subject of the inquiry: Copyright and Works of Authorship Law

Get in Touch About Copyright Request an Appointment

First response: within 48 hours at the latest. This period is not the time in which the legal review is completed or the matter is concluded.

Submitting an inquiry does not mean that an attorney–client relationship has been established or that monitoring of the file and its time limits has been taken on. The consultation fee is communicated in advance.

Copyright and Works of Authorship Law