TMT and Intellectual Property

LEGAL RIGHTS WHEN COPYRIGHT IS INFRINGED ON YOUTUBE

In recent times, with the rapid spread of information sharing has spread rapidly, it is possible to reach an unlimited amount of content through the YouTube platform.  It is often encountered that the contents on this platform are very similar or even the same with various examples. In case of copying, stealing, or having the same or similar part of the videos on YouTube, copyright infringement occurs.

WHAT IS COPYRIGHT? 

Copyright is the legal rights on the products created by the person with all kinds of intellectual effort. This right automatically occurs with the result of the creation of the work, as it does not need to be registered. An infringement of copyright claim can be brought against anyone. Copyrights are protected under the “Law on Intellectual and Artistic Works” in our law.

IS IT POSSIBLE TO PROTECT COPYRIGHT AGAINST YOUTUBE CONTENT?

The copyrights of the videos in YouTube content are protected according to the Law on Intellectual and Artistic Works and the copyright policies created by the YouTube. The videos included in the visual and audio works on digital platforms also have copyright and thus subject to protection under the Law. 

Copyright infringement occurs if existing content is used unannounced and without permission from the creator. The infringed person receives a notification in accordance with the legal practices of the YouTube application and also this matter is reviewed by YouTube.

In our law, in case of violation of copyright, a lawsuit may be filed for the prevention and cessation of infringement with the claim for pecuniary and non-pecuniary damages specified in the Law. In addition, the copyright infringement rights owner may request the removal or deletion of social media content which causes the infringement. If a copyright infringement is a crime, a criminal case may also be filed. In addition, it should be emphasized that the content that is protected within the scope of copyright should not infringe the copyright of another either and it must not have been produced by copying or stealing someone else’s content. In order for copyright protection to a work, the work in question must have a distinctive feature from other works.

When reviewing YouTube’s copyright procedure; 

  1. Saying no copyright infringement was intended,
  2. Giving credit to the copyright owner in your YouTube content,
  3. Existence of other similar contents on YouTube,
  4. Usage of content you purchased on iTunes, a CD, or DVD
  5. Content you recorded yourself from TV, a movie theater, or the radio is ok
  6. Claiming that no profit gain is intended

The following do not eliminate copyright infringement in accordance with YouTube policies.

 

ACCORDING TO THE LAW, WHAT CAN BE DONE AS A RESULT OF COPYRIGHT INFRINGEMENT?

  • According to the provisions of the Law, the person whose financial and moral rights have been violated can file a lawsuit for the cessation of infringement.
  • It is possible for the person whose financial or moral rights is attacked, to file a lawsuit about the prevention of the infringement. Unlike the cessation of infringement, the subject of this case is that there is a danger of infringement against the work of the right owner. In order for this lawsuit to be filed, the infringement must not have occurred yet.
  • A lawsuit can be filed against the person who “processes, reproduces” without the permission of the copyright owner. 
  • The owner of the right whose moral rights are damaged due to the infringement of the copyright; may also file a lawsuit for non-pecuniary damage against the person who violated and infringed the copyright.

CONCLUSION

With the developing technology and the use of social media, producing and sharing content with the YouTube application is increasing day by day. YouTube users are influenced by each other, and there is a proportional increase in copy and content infringement. Copyright infringement as a result of producing similar or identical content; harms copyright holders. In addition, the person who commits the infringement, may be faced with various legal obligations.

 

Ece ZAVAROĞLU

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