The cornerstone of artist rights in Turkey is, Law No. 5846 on Intellectual and Artistic Works (“Law”). To clarify, it provides a robust framework for the protection, determination, and transfer of rights. This law extends its protective cover to all intellectual and artistic works. For instance, including but not limited to the spheres of science and literature, music, fine arts, and cinema. Moreover, it establishes the “author” as a universal term for creators of various forms of artistic works.

The moment an artistic work comes into being, the author’s right over the work is automatically established. In fact, the formal act of registering the work primarily serves to simplify the process of providing proof of ownership. Despite the right of the author being absolute, under the Law, artists can transfer rights to others through written agreements for assignment, licensing, and permission.

When the author decides to transfer their financial rights, there are several conditions. To clarify, such conditions determine the transfer relationship and its terms. For example, if the assignment contract is time-bound, it will cease upon the end of the specified period. Likewise, the accomplishment of the purpose of the assignment can automatically end the agreement. The legislation also allows the author the right to withdraw under certain conditions.


Law No. 5846 defines the authorship of a work and the ownership of the rights. Accordingly, the act of creating a work is sufficient for a person to claim copyright. In other words, a formal declaration, application, or registration is not mandatory.

In line with Article 13/3 of Law, registration of a work does not imply ownership rights. However, it means convenience in proving the right ownership and monitoring the exploitation of financial rights. The Supreme Court of Appeals upholds the same view, stating that author rights are inherent and registration merely aids in providing proof.

Artists Rights: Rectification of Incorrect Registration

Despite an incorrect registration, the true author retains their rights over the work. However, to avoid any potential issues while proving ownership rights, Article 15/3 of the Law outlines the procedure for correcting irregular registration. Accordingly, the rightful owner can file a lawsuit before the Intellectual and Industrial Rights Civil Court.

Artists Rights: Author’s Rights in Intellectual and Artistic Works

Law No. 5846 segregates the author’s rights into two primary categories – financial and moral rights. However, a careful examination reveals an overlap and interdependence of these rights. Hence, it would be more accurate to view all the rights specified in the law as authorizations used under the scope of copyright.

Moral Rights fo the Author

These rights, regulated under Articles 14-19 of the Law, pertain to the author’s spiritual connection with their work. Moreover, they encompass the right to make the work available to the public, the right to declare authorship, the right to prevent modification of the work and rights against property owners or possessors where the work is embodied.

Financial Rights of the Author

The financial rights or in other words, monetary rights, are about the author’s financial and economic interests in the work. These rights include the right to process, reproduce, disseminate, represent, communicate to the public, and share and follow up.

Artists Rights: Copyrights in Turkey

In the context of Turkish law, the author’s moral and financial rights are interrelated, together forming an absolute right known as copyright, which is a crucial part of the legal regulations for intellectual and artistic works.

Types of Transferring the Author’s Financial Rights

According to Law, the author can exercise their moral and financial rights. However, the author can transfer their financial rights to another person via a written agreement. Moreover, there are three procedures for transferring the author’s financial rights – transfer, license, and permission procedures.

Transfer of Financial Rights

In this procedure, the transferred right exits the assets of the author and becomes an “absolute right” for the transferee. However, even after the transfer, the author’s moral rights and interests remain intact.

License Procedure

In this process, the financial rights remain with the author, but the “right to use the right” is transferred to the transferee.

Permission Procedure

In this procedure, the author authorizes the performing artist or phonogram producer to use their work. This grants the new creation an independent character that is solely the property of the authorized person.

Procedure for the Transfer of the Author’s Financial Rights

Article 52 of the Law mandates that contracts transferring financial rights must be in writing and should specify the rights separately. Moreover, in cases where the transferred rights are not explicitly stated, the presumption is that only the rights relevant to the purpose and subject matter of the transactions have been transferred.

Termination of the Agreement Regarding the Transferred Financial Rights

The termination of the transfer agreement can occur in various situations. If the contract is time-bound, it automatically terminates at the end of the agreed period. Alternatively, if the contract is purpose-based, it automatically ends once the purpose is achieved.

Moreover, the author may withdraw from the contract under certain conditions as per Article 58 of Law No. 5846. This right can only be exercised if the assignee’s misuse of the rights significantly harms the author’s interests. In cases where the author is at fault, the right of withdrawal is not available.


With their extensive experience and expertise in Intellectual Property and Art Law, Kaan Beylen and Ece Özlü Beylen of Turk Fortune have consistently provided invaluable assistance to clients navigating the complex landscape of artist rights in Turkey. Their comprehensive understanding of Law No. 5846 and its implications for authors ensures that their clients are fully aware of their rights and are capable of making informed decisions about their intellectual property. Whether it’s a matter of ensuring the correct registration of works, negotiating favorable terms for the transfer of financial rights, or enforcing their clients’ rights in the face of misuse, Kaan Beylen and Ece Özlü Beylen’s nuanced approach to law has repeatedly proven effective.



kaan beylen_lawyer_turkish-law-firm-turkey_english-speaking-lawyer-turkey_attorney-izmir_istanbul


Founding Partner

For more information and your queries, you can always contact Kaan.

Related Articles

Turkey Passport: Power of Turkish Passport in 2023
The power of the Turkish passport is consistently gaining recognition as one of the world's most influential travel documents. In fact, in 2023, the Turkish passport continues to offer its bearers a multitude of benefits, ranging from easy global mobility to...
Driving in Turkey: License and Guide for Foreigners
If you're a Turkish citizen residing abroad or a foreigner who plans on driving in Turkey, this article is for you. Certainly, it's important to understand the country's traffic rules and procedures for getting a Turkish driving license. That is to say, Turk Fortune...
BITCOIN COMMUNITY TURKEY: Yirmibir Bitcoin Community
Our founding partner Kaan Beylen interviewed Kemal, where he sheds light on the fascinating world of "Yirmibir Bitcoin." Yirmibir Bitcoin is a vibrant and inclusive community, based in Turkey. Yirmibir Bitcoin is dedicated to bringing Turkish-speaking Bitcoiners...
Having a Turkish passport offers a lot of advantages. Such as easy access to E1 - E2 visas of USA and being able to open a no questions asked bank account. However these are not why you should invest n Turkey. In this article we have briefly listed reasons to invest...
Individuals are no longer bound to a single country when they own dual citizenship or a second passport. Dual citizenship provides at least one additional option for living, working, doing business, investing and moving your family. We constantly think about how to...
Due to the high volume of foreigners seeking up-to-date information on how to open a bank account in Turkey, we explained the topic. One of the most beautiful and culturally diverse countries in the world, Turkey’s charm has been attracting foreigners for decades....

We are always happy to hear from you!

14 + 7 =



+90(546) 577 73 18


Büyükdere Cad, Mecidiyeköy Mah. No:81 Kuğu İş Merkezi Floor:4 No:7, Şişli/İSTANBUL

Mansuroğlu Mah. 286/1 Sk. No:1 Floor: 2 Office: 217 Bayraklı/İZMİR