Legal liability arising from linking within the scope of Law no. 5846 on Intellectual Property and Artistic Works

Intellectual and artistic works hold significant importance in shaping a society's cultural identity, promoting artistic expression, and fostering aesthetic values. The protection of such works not only ensures the safeguarding of the authors' economic and moral rights but also contributes to the encouragement of creative thinking within society and the transmission of cultural heritage across generations. In Türkiye, the primary legal framework that provides this protection is the Law on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu – FSEK), which came into force in 1951 and has since undergone several amendments. The acceleration of digitalization and the widespread use of the internet have rendered the issue of intellectual property rights infringement increasingly complex. The practice of "linking", which is frequently employed online as a means to facilitate access to information, has simultaneously become a source of debate within the context of copyright infringement. Depending on the type, nature, and purpose of the linking act, different forms of legal liability may arise, and there is no uniform approach to this issue in international law. This thesis systematically examines the general framework of the Law on Intellectual and Artistic Works, the classification and scope of protected works, the concept and typology of hyperlinking (e.g., surface linking, embedded linking, framing, etc.), and the implications of these practices for authors' rights. It further explores relevant judicial decisions, existing protection mechanisms, and prospective legal recommendations. In light of the new modes of use emerging in the digital age, the adequacy of current legislation is evaluated, with particular emphasis on concepts such as making works available to the public, the right of communication to the public, and the limits of retransmission. Within this context, the study aims to contribute to a deeper understanding of the technical aspects of the subject for both legal professionals and authors, while also offering proposals to address legal gaps and reduce interpretative inconsistencies. Keywords: Intellectual and Artistic Work, Copyright Law, Linking, Types of Linking, Economic and Moral Rights