Compensation Liability For Copyright Infringement

The author or the owner of a work is entitled to claim compensation in the case of violation of economic and moral rights arising from the ownership of the work protected under Law No. 5846, the Intellectual and Artistic Works (the “LIAW”), in addition to other legal remedies. 

Article 70 of the LIAW regulates compensation that may be claimed based on violation of economic and moral rights, separately. Accordingly, the author whose moral rights have been infringed, is entitled to file a court action for his/her moral damages. Although Article 70/1 creates the impression as if only moral damages may occur when moral rights are infringed, it is accepted by the scholars and in court precedents that if the infringement of moral rights also caused material damages, the author may file a court action based on general terms that are applicable according to Tort Law for the recovery of material damages.