Three-step test in copyright

The history of humanity has taken significant strides with the increase in the accumulation of knowledge and its utilization. This has led to numerous technological, scientific, and cultural advancements. To ensure the continuity of these developments and encourage new innovations, it is essential to protect knowledge. For this purpose, intellectual property law has emerged, aiming to safeguard ideas and promote the generation of new ones. Intellectual property rights encompass industrial property rights and copyrights. Industrial property rights include trademarks, patents, geographical indications, industrial designs, and other similar rights. Copyrights, on the other hand, are rights derived from authorship. They can be divided into economic rights and moral rights. Moral rights are non-transferable and cannot be restricted. Economic rights, however, can be transferred, and their scope can be limited by legislative bodies. The extent to which economic rights can be restricted is governed by the three-step test in international law. The three-step test aims to strike a balance between the economic rights of the creator and the interests of the public. The three-step test consists of three elements. These elements include being limited to certain special circumstances, not conflicting with the normal exploitation of the work, and not unreasonably prejudicing the legitimate interests of the creator. The wording of these three elements is broad and open to interpretation. As a result, it can be applied in different legal systems, but its broad formulation has led to varying interpretations and applications. The question of how it will be implemented in Turkish law cannot be definitively answered. Moreover, there are relatively few studies in the doctrine compared to other countries. In this study, the economic rights of the creator regulated under Law No. 5846 on Intellectual and Artistic Works (FSEK) will be addressed, along with the limitations imposed on these rights. Subsequently, the three-step test will be analyzed, and finally, the application of the three-step test within the scope of FSEK will be discussed.