We greatly enjoy sharing photographs, videos or texts we like on our social media accounts. But we should not fall into the misconception that an image that is “accessible to everyone” on the internet may “be used by everyone free of charge.”
Is Every Image on the Internet Free?
No. The fact that a photograph appears in search engines or on a social media platform does not mean it is ownerless. Under Law No. 5846 on Intellectual and Artistic Works, scientific and literary, musical, fine art and cinematographic works bearing the characteristics of their author are protected. A photograph, drawing, blog post, jingle or short video may fall within this scope.
An important point: protection arises automatically. It is not necessary for the work to be registered, to bear a © symbol, or to be notified anywhere. A work is protected from the moment it is created.
Which Right Does Sharing Engage?
The author’s economic rights include the rights of reproduction, distribution, performance and communication to the public. Downloading a piece of content and re-uploading it from your own account technically amounts to both reproduction and communication to the public, and as a rule requires the author’s permission.
By contrast, using the platform’s own share / repost / quote feature is assessed differently, since it leaves the content at its source and links to it. Detaching content from its source and re-uploading it as though it were your own is the riskiest conduct.
Is Attribution Alone Sufficient?
No — and this is the mistake most frequently made in practice. The author’s rights fall into two categories:
- Moral rights: Rights such as disclosing the work to the public, requiring attribution, and prohibiting alteration of the work. Citing the source and the name satisfies only the right to attribution.
- Economic rights: Rights concerning reproduction, distribution and communication of the work to the public. Their exercise separately requires permission.
In other words, saying “I credited the source” does not substitute for permission. Where use is unauthorised, having cited the source does not remove the infringement of economic rights; it may only reduce the gravity of the moral rights infringement.
Cases Not Requiring Permission (Exceptions)
The Law provides for certain free-use situations in the interests of the public benefit and freedom of information. These exceptions are, however, construed narrowly:
- Quotation: A quotation may be taken from a work to the extent justified by the purpose of your own work and always with attribution. The quotation cannot be so extensive as to substitute for the original content.
- Use for news purposes: Use is possible to the extent required by reporting on current events.
- Personal use: Reproduction without profit-making intent and solely for personal use is permitted. Downloading content for your own archive and presenting it to your followers are different things; posting on social media is, as a rule, not regarded as personal use.
The Position on Music and Video
Adding background music to a video usually engages the rights not only of the author but also of the performing artist and the producer. In practice, these rights are administered through collecting societies. A widespread misconception should also be corrected: there is no rule in our legislation to the effect that “use below a certain number of seconds is free.” The brevity of the extract does not by itself make the use lawful.
Using sounds from the platforms’ own libraries is relatively safe; however, that permission is often limited to personal use and may not cover commercial or advertising content.
Possible Consequences of Infringement
- Cessation and prevention of the infringement: Removal of the content and prevention of its use may be requested.
- Compensation: The Law allows the author, in cases of unauthorised use, to claim up to three times the amount that could have been demanded had a contract been concluded. Pecuniary and non-pecuniary damages under the general provisions may also arise.
- Criminal liability: The Law also provides criminal sanctions for unauthorised reproduction and distribution.
- Removal of content / blocking of access: The legislation provides a procedure enabling the rightholder first to apply to the content or hosting provider to request that the infringement be brought to an end.
If Someone Else Appears in a Photograph You Took
Copyright is only one dimension. Even if you took the photograph yourself, persons recognisably featured in the frame have personality rights over their image. Publishing a person’s image without their consent may constitute an infringement of personality rights under the Turkish Civil Code and may also give rise to separate liability under data protection legislation. For that reason, obtaining permission from the people in the frame is advisable, particularly for commercial posts.
In short: saying “I only shared it because I liked it” does not relieve you of legal liability. If you run a commercial account, the safest course is to record the licence status of the images, music and texts you use, and to obtain legal advice before posting whenever you are in doubt.