Share And Share Dislike

Social media has become a huge part of peoples’ lives. Although Turkey usually does not follow technological developments closely, social networking websites are quite popular in Turkey. lt is known that approximately 30 million people use Facebook in Turkey. This is a quite important number when it is considered that the population of Turkey is around 80 million.

Social media is used for different purposes and activities: to communicate with friends; make new friends; find partners by sharing pictures! videos; playing games; and making political announcements. lt should be accepted that one of the most common activities on social media is sharing videos, pictures and music, and sometimes, artistic works that belong to third parties are shared too. As IP rights have gained importance, this kind of sharing has begun to be considered as copyright infringement.

As Turkey has been dealing with a huge number of copyright infringements, the government has put an amendment on its agenda regarding the current legislation, namely Law No 5846 on Intellectual and Artistic Works (referred to as the Copyright Act), which regulates copyright in Turkey. The country’s minister of culture and tourism, Ertugrul Gunay, stated that the draft amendment on the Copyright Act was shared with agents of the EU in September and Will be proposed for the Turkish Grand National Assembly`s agenda in October.

One of the most significant amendments in the draft amendment law is regarding copyright infringement via the internet. The article that regulates the matter was prepared in light of the French Hadopi Law (Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet), which promotes the distribution and protection of creative works on the internet.

According to the amendment, which can be described as a revolution in Turkish copyright legislation, copying any Work, performance, production and publication or transmission of these and transmitting them to the public through point-to-point networks (such as social media websites) without receiving any permission from the author, or if the author is a member of professional association, from the professional association, is prohibited. This article means that social media users would not be able to share any works such as music, videos, movies and so on-that are subject to copyright-via social networking websites.

Firstly, establishments such as professional associations, publishers and producers, which protect authors’ copyright, will create their own database. Subsequently, software will be used to determine the identities of users who share a work that is subject to copyright via social media. In such a case, authors or the professional association to which the author is a member will determine the internet protocol addresses of the users sharing files via social media without permission, so that they can file an application to Turkey’s public prosecution office in order to provide the identity and Contact information regarding these addresses, draw necessary notification from the telecommunication directorate, and complete the following procedures.

After the application, the public prosecution office will submit its decision on obtaining the identity and contact information regarding internet protocol addresses from the access providers, and Whether to Warn the infringers, to the directorate. Subsequent to obtaining the identity and Contact information of the infringers from the access providers, the directorate Will communicate with the users who were reported to it. The directorate will warn users that they risk losing access to the internet if they continue to copy the relevant copyrighted works, performances, productions or publications Without permission from rights holders.

Within six months of the first notification, the directorate will send a second notification to the users who were determined to be copying the works, performances, productions and publications through the point-to-point networks and transmitting them to the public Without permission. Users will be warned that infringements must be ceased. Otherwise, disconnection from the internet and pecuniary penalties may ensue.

Turkeys directorate general of copyright has stated that online downloading and sharing music, movies and books reduce the sale of original works intensely. The culture and tourism minister and the directorate aim to increase sales with this amendment. The amendment, which prohibits online sharing of copyrighted works via social media, would relieve the sector and probably increase the sales of albums, movies, books and. However, it seems to upset Turkish social media users who love to share.