Notice And Takedown Procedure For Copyright Protection

Copyrights are amongst the most infringed-upon rights in the internet environment. On this account, Turkey applies a notice and takedown system in online copyright infringement cases as a practical tool, which is also widely recognized in many jurisdictions around the globe.

In Turkey, copyrights are protected under Law on Literary and Artistic Works No. 5846 (“Law No. 5846”). According to Law No. 5846, if a work is adapted, duplicated and circulated, performed or broadcast through devices that provide transmission of all kinds of images, sounds or signs, without the owner's permission, this means that the copyright has been infringed.

For online copyright infringement, additional Article 4 of Law No. 5846 introduces the basic “notice and takedown procedure.” This provision provides that the copyright owner first send a notice to the content provider that supplies the relevant material for use on websites, and requests that the infringing content be removed within