Other BriefingsTürkiye IP Rights and Art Law: A Guide for Cross-Border Transactions
Türkiye has a fast‑growing art market and a distinctive IP rights framework under Law No. 5846 on Intellectual and Artistic Works. Unlike the US, Türkiye grants strong, inalienable moral rights and a resale right (droit de suite) with tiered royalties. For artists, galleries, collectors, and legal advisors involved in cross‑border deals, understanding these rules is essential to avoid unexpected costs and legal disputes.
Türkiye’s art market has expanded significantly in recent years, attracting international collectors, galleries, and investors. However, the country’s intellectual property (IP) framework differs from what many cross‑border participants are familiar with in the EU or the US. These differences affect how art is bought, sold, exhibited, and reproduced.
This article summarizes the key IP protections available to artists and art owners under Turkish law, explains how Türkiye’s approach differs from the EU and the US, highlights practical enforcement challenges, and provides actionable takeaways for cross‑border art transactions.
The analysis is based on Law No. 5846 on Intellectual and Artistic Works (hereinafter, referred to as “Law on Intellectual and Artistic Works”), which is the main law in Türkiye governing copyright, moral rights, and related rights for artistic works.
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Key IP protections for artists and art owners
Turkish law grants several automatic protections to creators of artistic works.
Copyright
Copyright arises automatically upon the creation of a work. No registration is required for most works.
However, cinematic and musical works must be registered under the Regulation on the Recording and Registration of Intellectual and Artistic Works. This regulation specifies the procedures and categories for mandatory registration of film and music works. Registration is optional for other categories, such as fine arts and literary works, but it provides legal certainty.
Duration
Copyright protection lasts for the life of the author plus 70 years after death. For works with multiple authors, the term expires 70 years after the death of the last surviving author.
Moral rights
Under the Turkish Law on Intellectual and Artistic Works, moral rights are strictly attached to the author and cannot be waived or assigned. They include the right of publicity, the right to be named, the right to prohibit modification, the right to request temporary use of the work from its owner or possessor, and other protections.
This is a significant consideration for galleries and collectors who cannot contract around an artist’s intervention rights.
Resale right
Article 45 of the Law on Intellectual and Artistic Works establishes the artist’s resale right. Türkiye grants artists a resale right on transactions valued at five thousand Turkish lira or more. Architectural works are excluded. The royalty is tiered based on the price difference between two consecutive sales:
- Ten percent if the price difference is 50 percent to 100 percent;
- Nine percent if the price difference is 101 percent to 200 percent; and
- Eight percent if the price difference is 201 percent or more.
Public art and exhibition catalogs
Article 40 of the Law on Intellectual and Artistic Works creates a limited exception allowing reproduction of works displayed in public spaces without the owner’s consent for purposes such as catalogs, photography, and broadcasts.
Under this article, works exhibited or auctioned in public places may be reproduced in catalogs, guides, or similar printed publications issued by the exhibition or auction organizer without the copyright owner’s consent.
Public artworks such as sculptures and street art are also protected, but reproduction by photography, projection, or broadcast is permitted without consent. However, the scope of this exception for commercial use remains unclear.
How Türkiye differs from the EU and the US
Turkish IP law shares some similarities with the EU but differs markedly from the US in several respects.
Moral rights
Türkiye provides strong, inalienable moral rights that cannot be waived or transferred. This is similar to many EU countries, where moral rights are also protected. In contrast, the US offers very limited moral rights under the Visual Artists Rights Act (VARA), and those rights can be waived.
Resale right
Türkiye has a resale right with a unique tiered royalty structure. The EU also grants a resale right under the Resale Right Directive, but royalty rates vary by member state. The US has no federal resale right.
Registration
Türkiye mandates registration for cinematic and musical works. Neither the EU nor the US has such mandatory registration for any category of works.
Public art exceptions
Türkiye explicitly allows photography, projection, and broadcast of public artworks without consent under Article 40. The EU has a “freedom of panorama” exception, but its scope varies by country. The US relies on fair use, which is less predictable.
Enforcement and practical challenges
Several practical issues affect how IP rights are enforced in Türkiye’s art sector.
- Registration provides legal certainty: While not required for copyright, registration is mandatory for film and music works. Without registration, enforcing rights in those categories may be difficult.
- Low resale threshold increases transaction costs: The resale right applies to any transaction valued at five thousand Turkish lira or more. At current exchange rates, this is a relatively low threshold, meaning many art sales trigger the royalty. This adds a compliance burden for auction houses and galleries.
- Moral rights cannot be waived: This creates uncertainty for collectors and commercial galleries. An artist may legally object to how their work is displayed, modified, or even exhibited, even after selling the work. Contracts that attempt to waive moral rights are unenforceable in Türkiye.
- Scope of Article 40 is unclear: The law permits reproduction of public artworks by photography and broadcast without consent. However, it does not clearly state whether this exception covers commercial uses, such as using a photograph of a public sculpture on a product or in an advertisement. This ambiguity creates legal risk for businesses.
Takeaways for cross-border art transactions
Based on the above, participants in cross‑border art transactions involving Türkiye should take the following steps.
Buyers and collectors
Factor the resale royalty (eight percent to ten percent) into future resale cost calculations. Remember that moral rights survive the sale and cannot be waived by contract.
Sellers and auction houses
Track consecutive sale prices to calculate the resale royalty correctly. For film‑based or music‑based artworks, verify that mandatory registration has been completed.
Galleries and exhibition organizers
Article 40 permits reproduction in catalogs and guides without consent. However, using images of public art for other commercial purposes, such as merchandise or standalone advertising, may require permission. Seek legal advice when in doubt.
Artists and heirs
The resale right provides ongoing income from secondary market sales. Ensure that proper collection mechanisms are in place. Practical enforcement of this right in Türkiye may require further research.
FAQs on IP rights in Türkiye’s art law
Does copyright automatically belong to the creator?
Yes. Under the Law on Intellectual and Artistic Works, copyright protection arises automatically upon the creation of a work. There is no requirement for registration to obtain protection. However, registration can provide additional legal certainty. Certain categories, such as cinematic and musical works, are subject to compulsory registration, while others may be registered voluntarily.
How long does copyright protection last?
Copyright protection extends for 70 years after the death of the author. In cases of joint authorship, the protection period continues until 70 years after the death of the last surviving author.
Can artworks be displayed publicly without the copyright owner’s consent?
No. The author retains the exclusive right to decide whether, when, and how a work is made public. Exhibiting a work without the author’s consent would generally constitute an infringement.
Can artworks be reproduced in exhibition catalogues or advertisements without permission?
Yes, in limited circumstances. Works that are exhibited or auctioned in public may be reproduced and distributed in catalogues, guides, or similar materials prepared specifically for the event by its organisers.
Are public artworks protected by copyright?
Yes. Public artworks (such as sculptures and street art) are protected. However, the law allows certain uses without consent, including reproduction through photographs or similar means, public display via projection, and broadcasting.
Does the artist’s resale right apply in Türkiye?
Yes. The resale right applies to artistic works sold for at least 5,000 Turkish liras and remains in force throughout the copyright protection period. It does not apply to architectural works. The royalty is calculated based on the increase in value between consecutive sales, with rates ranging from 8 to 10 percent.
What moral rights do artists have, and can they be waived?
Moral rights are strictly personal and cannot be waived or transferred. These include the right to decide on publication, the right to be credited, the right to prevent modifications, and certain rights against owners or possessors of the work. Authors may also request temporary access to their works for exhibition or reproduction purposes, subject to specific conditions.
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