Work of Authorship

Also known as: Copyright Work, Intellectual and Artistic Work, Eser, Copyright, LIAW Article 1/B

In short

Any intellectual or artistic product bearing the characteristics of its author and falling within one of the categories in the Law on Intellectual and Artistic Works: scientific and literary works, musical works, works of fine art or cinematographic works.

The work is the core object of protection under the Law on Intellectual and Artistic Works No. 5846 (LIAW). Under LIAW Article 1/B, a work is any intellectual or artistic product that bears the characteristics of its author and falls into one of the categories listed in the law.

Requirements

Originality (hususiyet): The product must reflect the personal characteristics of its author rather than being routine work anyone could produce. High artistic value is not required.
Falling within a statutory category: The law lists four categories.
Expression: The idea must be given a perceptible form; bare ideas are not protected.

Categories of Works

Scientific and literary works (Article 2): Books, articles, lectures, computer programs, technical and architectural plans, maps.
Musical works (Article 3): Compositions with or without lyrics.
Works of fine art (Article 4): Paintings, sculptures, photographs, graphics, calligraphy, architectural works, handicrafts and applied art.
Cinematographic works (Article 5): Films, series, documentaries and other moving image sequences.

Products created from another work that are not independent of it — translations, adaptations or compilations — are protected as derivative works (Article 6). Creating a derivative work requires the original author’s consent.

Creation and Term

Protection arises automatically on creation. It lasts for the author’s lifetime plus seventy years after death (Article 27). Where the first owner is a legal entity, the term is seventy years from the work’s publication.

Rights in a Work

The author has moral rights and economic rights. Performers and producers have related rights. For who holds the rights see Author of a Work.

Frequently Asked Questions

Must a work be registered to be protected by copyright?

No. A work is protected from the moment it is created, without registration. The registration system at the Ministry of Culture and Tourism only helps with evidence; registration is required for certain purposes in cinematographic and musical works.

Is an idea protected by copyright?

No. The law protects the expression of an idea, not the idea itself. A person who expresses the same idea in a different way does not, as a rule, infringe the author's rights.

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