Türkiye’s draft law on digital copyrights submitted to national parliament

Türkiye’s Draft Law on Digital Copyrights, submitted to the Grand National Assembly on 12 December 2025, establishes a comprehensive and modern legal framework for the protection of copyright in digital environments. The Draft Law introduces a wide range of innovative provisions, including the protection of digital content, defining the responsibilities of platforms, safeguarding the rights of right holders, licensing of news content, fair use, expedited dispute resolution mechanisms in cases of infringement, and criminal and administrative sanctions. The Draft Law also seeks to promote the development of creative industries through effective oversight of digital copyrights and sector-specific incentive programmes.

Objectives and scope of the Draft Law

The Draft Law is to ensure the legal protection of intellectual and artistic works and related rights shared in digital environments under copyright law, while safeguarding public access to content of public interest and freedom of expression. Key principles include securing the economic and moral rights of right holders, defining the obligations of intermediary service providers, and regulating the rights and responsibilities of users. The Draft Law also ensures the protection of copyright in cross-border content sharing and promotes cooperation with international digital platforms. The Draft Law introduces special provisions regarding the application of Law No. 5846 on Intellectual and Artistic Works in digital environments, while preserving the applicability of personal data protection legislation.

Key provisions introduced in the field of digital copyrights

• Digital rights of authors: All economic and moral rights of authors arising from Law No. 5846 are equally protected in digital uses of their works. Unauthorised reproduction, distribution, communication to the public, or adaptation of works in digital environments constitutes copyright infringement, according to the Draft Law. Upon application by right holders, the Copyright Monitoring and Management Board, an independent administrative authority to be established under the Draft Law to oversee and enforce digital copyright protection and resolve related disputes, may provide technical support and guidance to relevant platforms. Authors may enforce their rights under this Draft Law and other applicable legislation without impacting contractual freedom and the regulatory powers of the Board. In the protection of authors’ rights, regard will be given to freedom of expression, freedom of the press, and the public interest, and the Management Board may take measures against abuse of enforcement mechanisms. Authorship and potential rights infringements related to content generated or reused by artificial intelligence will also be subject to ex officio oversight by the Board through appropriate technical and legal measures.
• Licensing of news content: The digital publication of content belonging to press publishers, particularly news articles and visual materials, on digital platforms will only be permitted within the scope of fair and balanced licensing agreements concluded with the relevant right holders. Where no agreement is reached, the Board may facilitate reconciliation or determine equitable remuneration. At least 30% of the revenue generated from platform agreements will be distributed as an author’s share to reporters, journalists, and photo-video journalists, without prejudice to higher rates agreed under collective agreements.
• Responsibilities of intermediary service providers: Intermediary service providers exceeding the 250,000 threshold for daily active users or annual gross revenue will be required to establish automated content recognition systems (ACRS), prevent and remove copyright-infringing content, ensure transparency in revenue sharing, conduct licensing negotiations, and operate notice-and-takedown mechanisms. Transitional compliance periods and technical-support mechanisms are envisaged for small-scale enterprises and startups.
• Fair use and exceptions: Limited use of copyrighted works without the authorisation of the right holder will be considered fair use in specific circumstances such as education, scientific research, criticism, parody, news reporting, archiving, and accessibility for persons with disabilities. The scope and application of fair use will be monitored and supervised by the Board.

Institutional structure and dispute resolution

• Copyright Monitoring Authority and Board of Directors: In order to ensure effective protection and supervision of digital copyrights, a Copyright Monitoring Authority with administrative and financial autonomy will be established, together with a seven-member Board of Directors. The Board will be responsible for reviewing complaints, supervising intermediary service providers, managing the national digital works registry system, and providing guidance on licensing agreements.
• Copyright Dispute Arbitration Commission: The Draft Law establishes a five-member Arbitration Commission  within the Authority to provide rapid and technical assessments of digital copyright infringement claims. Decisions of the Commission will be binding on the parties and will be given priority consideration by courts.

Sanctions and incentives

• Administrative fines: Intermediary service providers that fail to comply with their obligations may be subject to administrative fines ranging from 1% to 5% of annual revenues sourced in Türkiye. In cases of repeated violations, this rate may be increased up to 10%. Fines will be applied in a graduated and proportionate manner for small and medium-sized content providers.
• Incentive programmes: Various incentive programmes are envisaged for platforms that comply with digital copyright obligations, develop ACRS technologies, and implement fair revenue-sharing mechanisms with right holders. Such incentives may include tax reductions, grant support, and financing for research and development projects.

Implementation and secondary legislation

Following the entry into force of the Draft Law, the procedures and principles governing its implementation will be regulated through secondary legislation to be issued within six months. In the preparation of secondary legislation, attention will be given to freedom of expression, freedom of the press, public interest, and the sustainability of the digital content ecosystem.

Conclusion

The Draft Law seeks to strengthen the rights of right holders within the digital content ecosystem, clarify the responsibilities of platforms, and ensure an appropriate balance between public interest and freedom of expression. The Draft Law provides a comprehensive legal framework to support the sustainability and growth of creative industries in the digital age.

For further information on the Draft Law and its potential implications for digital platforms, right holders, media organisations, and other stakeholders in Türkiye, contact the experts who contributed to this article: alican.babalioglu@ybk-av.com, melis.celik@ybk-av.com, and ezgi.bahar@ybk-av.com.