Creative Signatures: How A Work Reflects Its Author's Unique Characteristics

The Law on Intellectual and Artistic Works ("LIAW"), which has been amended many times since its entry into force in 1952, still causes uncertainty and confusion in practice. The 2022 decision of the Court of Cassation¹ and the recent decision of the 16^th Civil Chamber of the Istanbul Regional Court of Appeals² have been a very guiding and clarifying decision in terms of examining the signs of the work, which are controversial in practice, and the amendments made to LIAW, especially with regard to cinematographic works, and the issue of the works bearing the characteristics of the owner.

The lawsuit subject to the decision was filed by the screenwriter of the 1977 film "Selvi Boylum, Al Yazmalım", where the plaintiff filed the court action based on violation of his rights arising from the copyright on the screenplay and unfair competition due to the use of the slogan "Sevgi Emektir" ("Love is Labor") in the screenplay of the film, which was inspired by the work