Can Artificial Intelligence (AI)-Generated Works Be Protected Under Turkish Copyright Law?

Abstract

This study explores the intersection of AI and intellectual property, with a particular focus on the protection terms and scope of Law No. 5846 on Intellectual and Artistic Works in force in Türkiye. The central question of this study – whether intellectual products created by AI can be considered original, and whether the AI systems that generate these products or their users can be regarded as authors – is analyzed within the framework of current regulations and principles guiding copyright in Türkiye. The analysis references a precedent decision from the US District Court for the District of Columbia in Taler v. Perlmutter alongside the US Copyright Office's recent report on AI copyrightability, suggesting that this evolving issue may require legal re-evaluation in the near future.