Structural capital, one of intellectual capital components, refers to anything from corporate information and database to records and various forms of documentation, as well as management philosophy, organizational culture, financial relations, and patents, which relate to the company’s methods and policies. Structural capital constitutes business management and structural capital as intellectual property and superstructure components. Intellectual property refers to copyrights, patents, design rights, trade secrets, labels, and service logos.
Copyright provides legal protection for the right owners who create intellectual or artistic works (“the author”). Today, copyright is crucial than ever since any content can be simply copied, distributed and used for commercial purposes without respecting the rights of the author. As a result, companies must understand the characteristics of copyright, which is an intellectual property, as well as how copyrights are protected by law.
Characteristics of Copyright
Protection Period: Copyright is protected under Law no. 5846 on Intellectual and Artistic Works and the Regulation on the Recording and Registration of Intellectual and Artistic Works, which is based on article 13 of the Law. The protection is valid during the author’s lifetime and for 70 years after their death. If the author is a legal entity, the protection period is 70 years from the date of publication.
Registration Obligation: Although copyright arises with the creation of an intellectual work, rather than through registration, certain situations might still necessitate registration. Article 5 of the Regulation requires registration for PC games, musical works and cinematographic works. Except for those, the copyright on intellectual and artistic works arises from the creation of the work, without the need for registration.
Copyright and Limits: Copyrights are absolute rights that can be claimed against anybody. However, certain constraints have been imposed on this absolute right for reasons such as public interest. Limitations on absolute right include the protection of public order, public morality, and public interest, as well as exceptions for personal benefit.
The moral rights conferred by a copyright include the right to publish the work, to be acknowledged as the author of the work, and to restrict any alterations to the work. The economic rights of the author include the work’s reproduction, distribution, publication, dissemination through various channels, leasing or lending.
How to Obtain a Copyright?
Copyrights are granted only to the types of works specified in the Law. The authors wishing to get a copyright must apply to the General Directorate of Copyrights of the Turkish Ministry of Culture and Tourism for the optional registration process. The necessary steps must be completed online via the institution’s website. The author can also obtain copyright by preparing a statement asserting authorship of the work in question and ownership of all rights to the work, which must be issued or authorized by a notary.
Copyright Infringement
If a work is processed, represented, reproduced or altered without the consent of the author, certain penalties will apply. In fact, copyright is a legal term concerning the rights of persons, companies, institutions or organizations on a work. When the right to use is exploited by those without a copyright, the action will be deemed as a crime under the law. This is called copyright infringement, and there are various penalties for it. In case of copyright infringement, the author can take the following actions:
Action for prohibition of infringement: With this action, the author requests for the unlawful consequences of copyright infringement to be eliminated. The filing of the case does not require that the infringer is at fault.
Action for prevention of infringement: The author may take this action when their copyright is not infringed yet, but it seems likely, or if a past infringement is expected to be repeated.
Pecuniary and non-pecuniary damages: The author also has the right to claim damages. In that case, the court will evaluate the facts and the damages to determine a certain amount of money or other non-pecuniary compensation. If the victim’s economic and moral rights are infringed, they can also demand reimbursement for the profits gained by the infringer during the infringement.
Protection and promotion of intellectual property are key for economic, social and cultural progress. Startups that invest in the protection of intellectual property are considered to have a competitive edge; thus, not only individuals but also businesses need to get expert counsel from those who are knowledgeable about the applicable laws in this area.
