The Legal Protecting Computer Programs And Coding Under Turkish And Other Nations Law System
In some countries around the World; programs, software and codes are considered as inventions and protected under ‘the patent’ and in many countries and Turkey; it is protected under ‘copyright.’
When considered differences between patent and copyright;
- The patent is a new invention that has been created for the first time, and generally includes products and / or methods that have a technical aspect. Hereby form of protection is related to the process of the product or operation.
Copyright can be defined as the right that allows for the ownership and preservation by related codes of an idea or piece (thought product) which is original and unique, which is also referred to as expressions of literary property, fine arts and so on. The pieces put forward through this right can only be used and distributed with the permission of the owner. The symbol is ©, and the presence of this symbol on an artifact indicates that it is owned and protected by copyright registration.
In order to benefit from protection in the form of copyright, the piece in question must be original. The fact that the piece is unique means that it should be original and bear some characteristics belonging to the piece creator. It is essential that the creator of the program has worked on it and that the piece has occurred in accordance with the creator’s ability, idea and labor.
According to the opinion adopted by the European Union, for the protection of the computer program, the owner must have the original idea creation. No other element is required. As a matter of fact, Turkish law also seeks to make the piece unique. Like all unique computer programs, the works that constitute a different result with the use of the same infrastructure also benefit from protection.
The function of the program cannot benefit from the protection as it contradicts the rules of competition. Because the same idea can be used in a variety of ways. It is assumed that this will bring about change, development and progress. For this reason, only the idea is not protected in Turkish Law System. The subject of protection is the way which this idea is expressed. As is known, computer programs consist of algorithms, codes, interfaces and program flow. Clearly, the preparation of computer programs has also been accepted as a work in our law. As a result, the originality of a program begins to occur in the most basic parts. However, unlike the widespread practice in Europe, for considered at conservation extent of preparation stages, Turkish law system is seeking that after the stages it will be computer program.
However, unlike the widespread practice in Europe for the preparation of conservation stages, Turkish law is seeking to be a program after the stages. While program flow, source codes and object codes use legal protection, interfaces and algorithms are not covered by legal protection due to the need to be open to public use of industrial standards and ideas. Because if it were possible for ideas and industrial standardized products to be covered by protection, it would be inevitable to create a monopolistic environment. In some very exceptional cases, if a design, aesthetics, etc. preclude the function of program, it will be able to take advantage of protection. However, it is quite rare to say because of the boundaries are not clear.
Legal protection in terms of source code and object code / machine code is possible provided that the following stages are the program, as stated earlier. Already an element of originality at this point most of the show itself. As it is known, it is the source code that occurs when the commands are arranged in different ways in programming languages. The source code is a product of the creativity, original thought and skill of the author as a literary work. For this reason, in the category of scientific and literary works, it finds a protected area. The type of coding namely the machine code or the object code is simply the translation of the things generated by the source code into the language that the machines will understand. Both types of coding will still benefit from the protection as each expression format is included in the scope of protection.
It should be noted that although ideas and works of art are not intended for any profit, they may only be reproduced for personal use, and this is different in terms of their computer programs due to their qualifications, and even for their own use, reproduction cause a copyright infringement. In cases such as processing, dissemination, publishing and representation made without the permission of the owner, in case of the contract being made, he / she will be able to demand from the person who has carried out the action up to three times the damage incurred on the precedent / fair price. In addition, the owner of the piece will be able to selectively request the annihilation of the reproductions, the given back of the reproduction tools or if the contract had been made, the price to be subjected from a person who had been done the activity. If there is a loss or a deprived profit in the assets, a lawsuit material compensation will be able to filed suit for requested of them.
In cases where there is an infringement or the possibility of a infringement, the infringement action can be prevented and / or eliminated by suing action for prevention of infringement whether or not there is a damage or a defect of the person performing the action.
If the owner of the piece has also suffered moral damage, he will be able to claim compensation for damages in this sense by suing a lawsuit for non-pecuniary damage.
In addition, it should be noted that the use of products covered by hereby protection will no longer cause a violation of the copyright if the owner of the piece shares and publishes the piece in order to use it for the purpose of third party use. However, if the piece was shared without the permission of the owner, then the person who shared it and the people who knowingly used it would have violated the copyright.
In Turkey Law System, the issue of protection of computer programs and infrastructure provide with the legal protection in the framework of Intellectual and Artistic Works Code in the category of ‘Scientific and Literary Works’. The most important element is the necessity of carrying out belonging to the creator. Provided that the next stages are programs, other elements that consist the computer program and which are expected being far-famed such as algorithm and interface benefit from the protection. In addition, in case of violation of protection there are many legal remedies, such as prevention of infringement and lawsuit for material and moral indemnities. As time goes on, the technology has brought up fast. Therefore, it is possible for the regulations to be inadequate in time. However, every piece that has been transformed into the original form of expression and idea is valuable and in need of protection. However, every work that has been transformed into the original form of expression and idea is valuable and in need of protection. Because the faster implementation of an idea by someone else, with respect to the owner of the idea, it may cause unfair and sad consequences. In order to avoid such situations, it would be useful to take legal measures without waiting for any problems.