Copyright protects original expression and ownership of an idea or work so that its owner can exclusively control and profit from their creative works. Moroğlu Arseven offers a full range of copyright advice, ranging from day-to-day counselling through to commercialising and licensing issues, as well as representing clients during copyright disputes, litigation and settlements.
The firm has broad experience advising clients on copyrighting and protecting their creative works. For instance, dealing with infringement and enforcement of copyrights.
Moroğlu Arseven advises a wide range of clients on copyright aspects of their creative works, including music, television, film and advertising producers, musicians, collecting societies, technology companies, as well as authors, artists, performers, actors, photographers and fashion designers.
Copyright issues are increasingly complex with the quick pace of technological developments. In particular, methods of creating, distributing and exploiting creative works often do not precisely fit existing legal requirements and protections. Moroğlu Arseven has substantial experience advising on emerging copyright areas which are not directly regulated or defined by Turkish legislation, particularly in the context of digital, mobile, internet and social media platforms.
Licensing and royalties
Moroğlu Arseven regularly advises on how to establish, maintain and terminate license and royalty arrangements for copyright works and performance rights, across a range of mediums and countries. The firm’s copyright advice closely considers the intricacies and characteristics of each client’s industry and format of copyright work, to develop tailored licensing strategies. Our support includes strategic negotiation support, as well as addresses issues such as assignment, transfer, documentation, adaptation, distribution, compensation, tracing and collecting royalties for copyrights. The firm also has experience advising on the limits of public, implied and CC0 copyright licenses.
Software and digital copyrights
Copyright protection applies to software and digital media works. Moroğlu Arseven supports a range of clients regarding traditional software, mobile applications, new media, algorithms, source code, open source, as well as SaaS (Software-as-a-service), PaaS (Platform-as-a-service) and IaaS (Infrastructure-as-a-service) products.
Moroğlu Arseven’s support enables these innovative businesses to understand the extent of copyright protection which applies, as well as establishes a solid legal basis and strategy for our clients to commercialise their work, either via development agreements or other structures. Our lawyers understand the technical aspects of software and hardware, enabling better communication, as well as legal risk and issue identification.
Television program formats and production rights
Concepts and branding for television programs can be valuable, particularly for game shows, reality shows and sitcoms, which tend to be adapted to suit a local audience’s tastes and performers. Moroğlu Arseven advises parties at all stages of developing and licensing program formats and production rights, including dealing with related disputes, which often involve cross-border issues. The firm’s clients include television scriptwriters, performers, production companies, distributors, networks, as well as channels, which are located in Turkey and around the world.
Legal arrangements for program formats and production rights tend to involve complicated chains of agreements, with rights passing through many hands. Turkish law requires rights be separately transferred, so understanding how to define and protect naming and adaptation rights is very important for protecting our clients’ interests.
Moroğlu Arseven works closely with clients to support them to document and dispute such formats, drawing legal protection from copyright and other intellectual property rights. For example, recording details about scripts, casting suggestions, set designs, floor plans, logos, costumes, theme tunes, as well as jingles. We also advise on contractual and non-disclosure arrangements before disclosing ideas for new formats.