Notice And Takedown Procedure For Digital Copyright Infringements In Turkey

AL
ASY Legal

Contributor

ASY LEGAL is a boutique law office established by Ali Yurtsever and Emir Aksoy operating in the business center of Istanbul. Our attorneys provide an extensive range of counselling to cover our client's legal issue comprehensively. We ensure that our clients receive tailored solutions for their specific legal issues.
Second stage starts if the content provider does not take down the infringing content in the given time.
Turkey Intellectual Property
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Copyright protection in Turkey is regulated under the Intellectual and Artistic Works Law No 5846. Turkey has unfortunately become one of the hubs for digital copyright infringement especially for movies and TV shows. Due to the high income generated through ads, the business models of many new web sites in Turkey are based on publishing copyright infringing content.

In 2004 a fast two-stage solution was introduced under the supplemental Article 4 of Law No 5846 to combat these digital copyright infringements.

First stage is the notice and takedown, which requires the content provider to takedown the infringing content from the website within three days following the notice to be made by the right holders.

Second stage starts if the content provider does not take down the infringing content in the given time. In this case, a request shall be made to the public prosecutor requiring the service provider to cease the services being provided to the content provider persisting in the violation, within three days. In case the violation is ceased, the service being provided to the content provider shall be restored.

Lastly, if the service provider does not comply with the order of the public prosecutor, criminal lawsuits may be initiated against non-complying service providers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Notice And Takedown Procedure For Digital Copyright Infringements In Turkey

Turkey Intellectual Property

Contributor

ASY LEGAL is a boutique law office established by Ali Yurtsever and Emir Aksoy operating in the business center of Istanbul. Our attorneys provide an extensive range of counselling to cover our client's legal issue comprehensively. We ensure that our clients receive tailored solutions for their specific legal issues.
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