Selected year snapshot
For 1993, the active event in this file is Fikir ve Sanat Eserleri Kanunu (Law No. 5846 on Intellectual and Artistic Works).
0%
Current rationale
As of 1990-01-01, the original 1951 Law No. 5846 (as amended by Law No. 2936 of 1983) was in force. The research-relevant exceptions were: (1) Art. 33 – quotation/inclusion of 'certain sentences and paragraphs' in an independent scientific work (limited to excerpts, not full works); (2) Art. 34 – reproduction of portions of works for educational purposes; (3) Art. 38 – personal use copying, which at this time was limited and did not clearly authorize full-work reproduction for private study. None of these provisions permitted reproduction of full works for research purposes. Art. 33 is explicitly limited to 'certain sentences and paragraphs' (bazı cümle ve fıkralar), which is an excerpt-level ceiling. There was no general fair use, fair dealing, or TDM exception. The most permissive exception for research use was Art. 33, which only permits excerpts in a scientific work. Classification-neutral factors (non-commercial purpose, attribution requirements) were not factored into the color decision. Result: RED.
Exceptions considered
Permits inclusion of certain sentences and paragraphs of a published work in an independent scientific and literary work, subject to scientific customs and attribution.
Permits reproduction of portions of published works for educational purposes (teaching, exams).
Personal use copying – at this time limited in scope, not clearly authorizing full-work reproduction.
Law changes
Fikir ve Sanat Eserleri Kanunu (Law No. 5846 on Intellectual and Artistic Works)
Baseline · Effective 1990-01-01
0%
Relevant section: Art. 33, Art. 34, Art. 38
Dates: Effective 1990-01-01 · Enacted 1951-12-05
Why this score
As of 1990-01-01, the original 1951 Law No. 5846 (as amended by Law No. 2936 of 1983) was in force. The research-relevant exceptions were: (1) Art. 33 – quotation/inclusion of 'certain sentences and paragraphs' in an independent scientific work (limited to excerpts, not full works); (2) Art. 34 – reproduction of portions of works for educational purposes; (3) Art. 38 – personal use copying, which at this time was limited and did not clearly authorize full-work reproduction for private study. None of these provisions permitted reproduction of full works for research purposes. Art. 33 is explicitly limited to 'certain sentences and paragraphs' (bazı cümle ve fıkralar), which is an excerpt-level ceiling. There was no general fair use, fair dealing, or TDM exception. The most permissive exception for research use was Art. 33, which only permits excerpts in a scientific work. Classification-neutral factors (non-commercial purpose, attribution requirements) were not factored into the color decision. Result: RED.
Exceptions considered
Permits inclusion of certain sentences and paragraphs of a published work in an independent scientific and literary work, subject to scientific customs and attribution.
Permits reproduction of portions of published works for educational purposes (teaching, exams).
Personal use copying – at this time limited in scope, not clearly authorizing full-work reproduction.
Original text
Madde 33 – Yayımlanmış bir eserin, iktibas serbestisi dışında, bazı cümle ve fıkralarının müstakil bir ilim ve edebiyat eserine alınması caizdir. Bu halde, iktibas hususunda ilim teamüllerine uyulması, eserin ve eser sahibinin adının zikredilmesi şarttır.
English rendering
[Unofficial translation]: Article 33 – It is permissible to include certain sentences and paragraphs of a published work in an independent scientific and literary work, beyond the freedom of quotation. In this case, it is required that scientific customs regarding quotation be observed and that the work and the name of the author be mentioned.
Source links
Law No. 4110 amending Law No. 5846 on Intellectual and Artistic Works
Relevant update · Effective 1995-06-12
60%
Relevant section: Art. 38 (as amended)
Dates: Effective 1995-06-12 · Enacted 1995-06-07
Why this score
Law No. 4110 of 7 June 1995 substantially amended Art. 38, broadening the personal use exception. The new Art. 38 permits reproduction of 'all intellectual and artistic works' (bütün fikir ve sanat eserleri) for personal use without profit motive, subject to a three-step-test qualifier. This is a significant change from the baseline: it now clearly permits full-work reproduction for personal/private use, covering all types of works. However, it is restricted to 'personal use' (şahsen kullanma) and does not authorize sharing, communication, or institutional copying. Art. 33 (quotation for scientific works) remains in force but is less permissive. The most permissive exception is now Art. 38 as amended, which permits full-work reproduction but only for personal use. Classification: LIGHT BLUE (full works, all work types, but restricted to individual/personal use, no sharing). Classification-neutral factors: the non-commercial restriction and three-step-test qualifier do not affect the color.
Exceptions considered
Permits reproduction of all intellectual and artistic works for personal use without profit motive, subject to three-step test.
Permits inclusion of certain sentences and paragraphs of a published work in an independent scientific and literary work.
Permits reproduction of portions of published works for educational purposes.
Original text
Madde 38 – (Değişik: 7/6/1995 - 4110/15 md.) Bütün fikir ve sanat eserlerinin, kâr amacı güdülmeksizin şahsen kullanmaya mahsus çoğaltılması mümkündür. Ancak, bu çoğaltma hak sahibinin meşru menfaatlerine haklı bir sebep olmadan zarar veremez ya da eserden normal yararlanmaya aykırı olamaz.
English rendering
[Unofficial translation]: Article 38 – (Amended: 7/6/1995 - 4110/15) It is possible to reproduce all intellectual and artistic works for personal use without profit motive. However, such reproduction may not unreasonably prejudice the legitimate interests of the right holder or conflict with the normal exploitation of the work.
Source links
Law No. 4630 amending Law No. 5846 on Intellectual and Artistic Works
Relevant update · Effective 2001-03-03
20%
Relevant section: Art. 38 (as further amended)
Dates: Effective 2001-03-03 · Enacted 2001-02-21
Why this score
Law No. 4630 of 21 February 2001 made significant amendments to the LIAW. Art. 38 was further amended to add specific provisions regarding computer programs. The amended Art. 38 now includes restrictions on the personal use exception for computer programs – specifically, the personal use reproduction right does not extend to computer programs in the same unrestricted manner. The consolidated Art. 38 as amended by Law 4630 introduced a carve-out for computer programs from the general personal use exception. This means that while full-work reproduction for personal use remains available for most categories of works (literary, musical, fine arts, cinematographic), computer programs are excluded or significantly restricted. Art. 33 (quotation) and Art. 34 (educational) remain in force but are less permissive. The most permissive exception is still Art. 38, but it now excludes computer programs from full personal-use reproduction. Classification: ORANGE (full-work reproduction permitted for personal use for most work types, but computer programs are carved out). Classification-neutral factors (non-commercial restriction, three-step test) do not affect the color.
Exceptions considered
Permits reproduction of all intellectual and artistic works for personal use without profit motive, but with carve-out/restrictions for computer programs.
Permits inclusion of certain sentences and paragraphs of a published work in an independent scientific and literary work.
Permits reproduction of portions of published works for educational purposes.
Permits reproduction and communication for informational purposes in connection with daily events.
Original text
Madde 38 – (Değişik birinci fıkra: 21/2/2001 - 4630/16 md.) Bütün fikir ve sanat eserlerinin, (...) kâr amacı güdülmeksizin şahsen kullanmaya mahsus çoğaltılması mümkündür. Ancak, bu çoğaltma hak sahibinin meşru menfaatlerine haklı bir sebep olmadan zarar veremez ya da eserden normal yararlanmaya aykırı olamaz. (Ek fıkra: 21/2/2001 - 4630/16 md.) Bilgisayar programının fikri bir çaba sonucu ortaya çıkan özgün bir ifade biçimi olması nedeniyle, bu Kanunun 2 nci maddesinin birinci fıkrasının (1) numaralı bendi kapsamında korunur. Bir bilgisayar programının koruma kapsamı, programın herhangi bir ögesine dayanak oluşturan düşünce ve ilkeleri de içine almak üzere, bir bilgisayar programının herhangi bir ögesine dayanak oluşturan arabirime dayanak oluşturan düşünce ve ilkelere uygulanmaz.
English rendering
[Unofficial translation]: Article 38 – (Amended first paragraph: 21/2/2001 - 4630/16) It is possible to reproduce all intellectual and artistic works for personal use without profit motive. However, such reproduction may not unreasonably prejudice the legitimate interests of the right holder or conflict with the normal exploitation of the work. (Added paragraph: 21/2/2001 - 4630/16) Since a computer program is an original form of expression resulting from intellectual effort, it is protected under Article 2(1)(1) of this Law...
Source links
Law No. 5101 amending Law No. 5846 on Intellectual and Artistic Works
Relevant update · Effective 2004-03-12
20%
Relevant section: Art. 38 (as further amended)
Dates: Effective 2004-03-12 · Enacted 2004-03-03
Why this score
Law No. 5101 of 3 March 2004 further amended Art. 38 and other provisions. The core personal use exception in Art. 38 paragraph 1 remained substantively the same – permitting reproduction of all intellectual and artistic works for personal use without profit motive. The computer program carve-out introduced by Law 4630 remained in force. Law 5101 also introduced Supplementary Article 4 (Ek Madde 4) regarding online enforcement (notice and takedown), but this did not create new exceptions for research. The overall assessment remains ORANGE: full-work reproduction for personal use is available for most work types but computer programs remain carved out. No TDM exception was introduced.
Exceptions considered
Permits reproduction of all intellectual and artistic works for personal use without profit motive, computer programs carved out.
Permits inclusion of certain sentences and paragraphs of a published work in an independent scientific and literary work.
Permits reproduction of portions of published works for educational purposes.
Sui generis database protection introduced (15-year term), with limited exceptions for lawful users.
Original text
Madde 38 – (Değişik birinci fıkra: 3/3/2004 - 5101/13 md.) Bütün fikir ve sanat eserlerinin, kâr amacı güdülmeksizin şahsen kullanmaya mahsus çoğaltılması mümkündür. Ancak, bu çoğaltma hak sahibinin meşru menfaatlerine haklı bir sebep olmadan zarar veremez ya da eserden normal yararlanmaya aykırı olamaz.
English rendering
[Unofficial translation]: Article 38 – (Amended first paragraph: 3/3/2004 - 5101/13) It is possible to reproduce all intellectual and artistic works for personal use without profit motive. However, such reproduction may not unreasonably prejudice the legitimate interests of the right holder or conflict with the normal exploitation of the work.
Source links
Fikir ve Sanat Eserleri Kanunu (Law No. 5846 on Intellectual and Artistic Works, as amended through Law No. 6552 of 10 September 2014)
Current law confirmation · Effective 2025-01-01
20%
Relevant section: Art. 33, Art. 34, Art. 35, Art. 38
Dates: Effective 2025-01-01 · Enacted 2014-09-10
Why this score
As of 2025, the Law on Intellectual and Artistic Works (Law No. 5846) as last substantively amended by Law No. 6552 of 10 September 2014 remains in force. The research-relevant exceptions are: (1) Art. 38 – personal use reproduction of all intellectual and artistic works without profit motive, subject to three-step test, but with computer programs carved out from the general personal use exception; (2) Art. 33 – quotation/inclusion of sentences and paragraphs in independent scientific works; (3) Art. 34 – educational use of portions of works; (4) Art. 35 – reproduction for informational purposes in connection with daily events. There is no general fair use, fair dealing, or TDM-specific exception in Turkish copyright law. The most permissive exception for research is Art. 38 (personal use), which permits full-work reproduction for personal use for all work types except computer programs. This yields ORANGE: full-work reproduction is permitted for most work types but computer programs are excluded. The personal use qualifier restricts users to individuals (not institutions), but the work-type restriction (computer programs carved out) is more restrictive in the color hierarchy than the user restriction (ORANGE is more restrictive than LIGHT BLUE). Classification-neutral factors (non-commercial restriction, three-step test qualifier) were not factored into the color. Per [iclg.com](https://iclg.com/practice-areas/copyright-laws-and-regulations/turkey), Turkish copyright law operates a closed list system with four categories of works, and no TDM exception has been introduced as of 2025. Per [mondaq.com](http://dev.mondaq.com/turkey/intellectual-property/1567148/copyright-comparative-guide), computer software and databases are protected under Law 5846 with specific provisions.
Exceptions considered
Permits reproduction of all intellectual and artistic works for personal use without profit motive, subject to three-step test. Computer programs are carved out from this general personal use exception.
Permits inclusion of certain sentences and paragraphs of a published work in an independent scientific and literary work, subject to scientific customs and attribution.
Permits reproduction of portions of published works for educational purposes (teaching, exams).
Permits reproduction and communication for informational purposes in connection with daily events.
Sui generis database protection with limited exceptions for lawful users of the database.
Original text
Madde 38 – (Değişik birinci fıkra: 3/3/2004 - 5101/13 md.) Bütün fikir ve sanat eserlerinin, kâr amacı güdülmeksizin şahsen kullanmaya mahsus çoğaltılması mümkündür. Ancak, bu çoğaltma hak sahibinin meşru menfaatlerine haklı bir sebep olmadan zarar veremez ya da eserden normal yararlanmaya aykırı olamaz.
English rendering
[Unofficial translation]: Article 38 – (Amended first paragraph: 3/3/2004 - 5101/13) It is possible to reproduce all intellectual and artistic works for personal use without profit motive. However, such reproduction may not unreasonably prejudice the legitimate interests of the right holder or conflict with the normal exploitation of the work.