Özet:

Technical, scientific and aesthetic photographs are considered as “works” under the Law on Intellectual and Artistic Works, provided that they bear the characteristics of the owner. The fact that a photograph can be considered as a work is advantageous in terms of enabling the copyright owner to benefit from the moral and financial rights regulated by the said law. Each of the moral and financial rights authorises the copyright owner to perform certain acts exclusively and to prohibit third parties from performing such acts. In other words, the copyright owner exercises his moral and financial rights through his authorisations to perform the acts specified in the relevant articles. In this study, the acts that constitute the subject matter of these authorisations and how these acts can be performed in the internet, and therefore, how the rights on photographic works can be violated in the internet environment are discussed. The study also explains the situations where NFT-linked photographic works may be legally evaluated differently compared to ordinary digital photographic works, and in general, the situations where the permission to be obtained from the right holder may be specific in the internet environment and the exceptions granted by the Law are mentioned.

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