Copyright Issues in Visuals Used in Advertisements

13.12.2024

Buse Yaşar co-authored this article.


Advertisements are powerful communication tools designed to reach target audiences by creatively combining visual and auditory elements. In this context, commercial films and the photographs used in them play a crucial role in effectively conveying brand messages. However, protecting these creative works is of great importance both for securing the rights of the creators and for preventing legal issues that may arise in commercial use. 

The Intellectual and Artistic Works Law No. 5846 ("Law") does not specifically address the concept of "advertisement films," leading to their classification as cinematographic works. Advertisement films are complex creations resulting from various creative processes, and multiple individuals may hold copyright over different aspects of these works. Advertising agencies typically collaborate with directors, screenwriters, cameramen, musicians, graphic designers, and other performers and service providers to meet their clients' demands. Each creative element that emerges during this process may independently be subject to copyright. Therefore, the legal protection of an advertisement film encompasses not only the entire work but also each individual component that constitutes the whole. 

Indeed, photographs and graphic elements are critical in supporting brand messages visually in television and print advertisements, and may be considered fine art under the Law, enjoying separate copyright protection from the overall advertisement. Unless photographers transfer their rights or grant usage permission, the use of their works in the content of  commercial films and on billboards for commercial purposes can constitute copyright infringement.

For this reason, photographs intended for use in advertising campaigns must be obtained in compliance with copyright regulations. In this regard, it is essential to obtain written permission from the copyright owner for the use of the photograph in advertisements and on billboards, supported by specific copyright agreements. These agreements should clearly outline the media, duration, and scope of the photograph's usage. Moreover, to protect the photographer's rights, legal sanctions against unauthorized uses should also be included. Otherwise, the photographer has the right, under the Law, to take legal action against the advertising agency and the client together if their work is used without permission.

In conclusion, advertisement films and the photographs and visual content used within them are works of high creative and commercial value. Protecting these works through copyright is crucial for securing the rights of the creators and preventing legal disputes between creators, advertising agencies, and clients. Managing copyright processes meticulously and establishing contracts that clearly define the rights and obligations of all parties will ensure the effective protection of these creative works. In this way, it is possible to both encourage creative freedom and ensure legal security in the advertising world.

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