The acceleration of digitalization, the widespread use of the internet, and the increasingly frequent interaction between artificial intelligence systems and copyright-protected content have created an urgent need to further clarify the legal position of right holders and establish mechanisms enabling them to exercise their rights effectively. In response to this need, the Proposal to Amend Law No. 5846 on Intellectual and Artistic Works (the “Proposal”) was finalized and submitted to the Grand National Assembly of Türkiye on April 8, 2026. As of July 2026, the Proposal was under consideration by the relevant committee under Document No. 2/3634.

The general explanatory memorandum to the Proposal states that Law No. 5846 on Intellectual and Artistic Works (“Law No. 5846”) was originally enacted to address the needs of the analogue era. Although it has been amended several times over the years, it has not yet fully adapted to the new requirements arising from the digital economy and models of internet use. Accordingly, the Proposal seeks to establish an extended collective licensing scheme for digital uses and a specialized collective rights management and licensing model, operating through joint licensing bodies, for uses involving artificial intelligence.

The key amendments envisaged under the Proposal may be summarized as follows:

Establishment of an Extended Collective Licensing Scheme

Under the proposed Article 42/C to be added to Law No. 5846, the Proposal introduces an extended collective licensing scheme for certain types of use involving the simultaneous or widespread use of large numbers of works and subject matter protected by related rights in the digital environment. In particular, the scheme provides for an extended collective licensing mechanism where cultural heritage institutions digitize and provide controlled access to out-of-commerce content, as well as in other circumstances where obtaining individual authorization from each right holder is impossible or would impose an excessive burden. Accordingly, collective management organizations that are authorized by the Ministry of Culture and Tourism and are sufficiently representative, or joint licensing bodies jointly established by collective management organizations to provide one-stop licensing and collect and distribute remuneration for specific categories of rights, may grant licences not only on behalf of their members but also, within the scope of the relevant use, on behalf of non-member right holders who have not opted out of the system. Right holders may opt out of the system by submitting written notice, with such requests taking effect 30 days after the date of submission. Authorized entities must also make their licensing terms publicly available, distribute the revenue received in accordance with clear and auditable criteria, and report regularly. Their activities must comply with the principles of transparency, equal treatment and accountability.

Two-Way Licensing Model for AI Inputs and Outputs

Under the proposed new Article 42/D, the Proposal establishes a two-way licensing mechanism covering the use of content in the development of artificial intelligence systems and, under certain conditions, the use of outputs generated by such systems.

First, the Proposal provides that works, performances, phonograms, productions and broadcasts may be used, subject to the payment of reasonable remuneration, for the training, fine-tuning, development or testing of artificial intelligence systems to be made available for use in Türkiye, as well as for creating datasets, improving models or conducting similar activities. The obligation to obtain such a licence rests with the provider of the artificial intelligence system.

Second, where output generated by an artificial intelligence system is used for commercial or professional purposes and directly or indirectly substitutes for works, performances, phonograms, productions or broadcasts, exploits their economic value, or competes with them, a licence must be obtained and reasonable remuneration must be paid. Such a licence must be obtained by the natural or legal person making commercial or professional use of the relevant output.

For both licensing models, rights management will be carried out through a joint licensing body established with the participation of collective management organizations operating in the relevant fields of rights. The joint licensing body will also be entitled, within the scope of the relevant uses, to represent non-member right holders who have not opted out of the system. Right holders may opt out of the system by submitting written notice, in which case they may exercise their rights individually. The system also allows the joint licensing body to represent the rights of foreign right holders on the basis of reciprocity.

Common Provisions: One-Stop Principle and Transparency Obligations

The Proposal adopts a “one-stop” principle for licensing activities falling within the scope of the proposed Articles 42/C and 42/D. Accordingly, users may obtain a licence by entering into a single agreement with an authorized collective management organization or joint licensing body. The Proposal further provides that licence fees must be determined by reference to objective criteria relating to the nature of the use; fee schedules must be made publicly available; right holders and users must receive regular information through an electronic database to be established by the Ministry; all relevant procedures must be conducted transparently; and the remuneration collected must be distributed in accordance with transparent and auditable criteria. In addition, by referring to the existing provisions of Articles 41 and 43 of Law No. 5846 concerning negotiations over licence fees, objections and judicial review procedures, the Proposal seeks to ensure procedural alignment between the new licensing schemes and the existing collective rights management framework.

Assessment and Outlook

The Proposal is significant because it introduces, for the first time under Turkish copyright law, an explicit licensing model addressing the long-debated issue of using copyright-protected content to train artificial intelligence systems. However, uncertainty remains as to how the proposed extended licensing and joint licensing mechanisms will be coordinated with the existing framework of Law No. 5846. In particular, under the current system, right holders’ participation in collective management organizations is primarily voluntary, whereas the Proposal’s extended collective licensing model, which is based on an opt-out mechanism, represents a substantial departure from the existing system. Therefore, where non-member right holders are included within the scope of representation under the joint licensing mechanism subject to certain conditions, further consideration is required as to how this model will fit within the existing structure of Law No. 5846 and the extent to which it can operate effectively in practice.

Furthermore, the input licensing pathway introduced for the development of artificial intelligence systems bears similarities to licensing models that are receiving increasing attention internationally. On the other hand, although the Proposal limits the scope of output licensing to circumstances in which an output directly or indirectly substitutes for works, performances, phonograms, productions or broadcasts, derives economic benefit from them, or competes with them, it remains unclear which criteria will be applied in practice to define these concepts. Determining which types of use will be regarded as “substitution,” “deriving economic benefit” or “competition” is essential to ensuring that the scope of the licensing obligation is predictable. Otherwise, the scope of licensing obligations may create substantial uncertainty in practice for individuals and entities using artificial intelligence tools for commercial or professional purposes. Further clarification of the criteria governing the application of these concepts, either in Law No. 5846 itself or through secondary legislation, would therefore help protect the interests of right holders while also ensuring legal certainty for users.

Although the Proposal seeks to address several longstanding issues in copyright law, it should be noted that the comprehensive nature of the proposed amendments may give rise to substantial debate during the legislative process and may result in further revisions before final adoption. The final content of the Proposal and its potential impact on Turkish copyright law will therefore become clearer depending on the outcome of the relevant committee’s deliberations and subsequent developments in the legislative process before the Grand National Assembly of Türkiye.