Computer Program
Also known as: Software, Source Code, Software Copyright, Bilgisayar Programı, LIAW Article 2(1)
Author Ali Gül
In short
A set of instructions arranged to make a computer system perform a particular operation or task, together with its preparatory work; protected as a scientific and literary work under the LIAW.
Computer programs are listed among scientific and literary works in LIAW Article 2(1). Source code, object code and preparatory design material are protected if they bear the author’s characteristics. Protection does not depend on registration and lasts for seventy years after the author’s death.
What Is and Is Not Protected
- Protected: Source and object code, preparatory design material, original elements of the user interface (also as visual works).
- Not protected: The ideas and principles underlying the program, algorithms and interface logic. For these, trade secret protection or, where there is a technical effect, a patent may be considered.
Ownership
Economic rights in code written by employees in the course of their work are generally exercised by the employer (LIAW Article 18(2)). For outsourced development, a written contract complying with LIAW Article 52 and listing the rights individually must be concluded with the software company or freelance developer; otherwise the commissioning company may not own the code it paid for. See Author of a Work.
Users’ Statutory Rights (LIAW Article 38)
- Reproduction and error correction where necessary to use the program for its intended purpose
- Loading, running and making a backup copy (cannot be excluded by contract)
- Observing, studying and testing how the program functions
- Obtaining information indispensable for interoperability with an independent program, under limited conditions
In Practice
In software projects, the scope of the licence, delivery of source code and escrow arrangements, obligations under open-source licences and maintenance and support terms are the most common sources of disputes. See Licence Agreement. For AI-assisted code generation see AI-Generated Content.
Frequently Asked Questions
Are the idea or algorithm behind software protected?
No. The LIAW does not protect the ideas and principles underlying any element of a program; it protects their expression in code. Algorithms and business logic can be protected only as trade secrets or, as part of a technical invention, by patent.
What can a software licensee always do?
A person who has lawfully acquired a program may load and run it, correct errors and, where necessary for use, make a backup copy; these cannot be prevented by contract (LIAW Article 38).
Publications in this area
- Distinctiveness Assessment in Trademark Examinations 06.12.2024
- Rights Over a Person’s Image and Photograph 15.10.2024
- Deepfake Technology – Legal Challenges and Key Questions 17.11.2023
- Assessment of the ‘Quotation’ Method in Videos Published on Social Media in Terms of Turkish Intellectual Property Law 03.02.2023
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