Av. Serhat Koçblog, English_1, IT&IP_Law

Introduction

This article provides an overview of the regulatory framework applicable to video games in Turkey. The legal scope of video games is inherently complex, encompassing a broad range of legal fields including copyright, consumer protection, taxation, customs law, online safety, and data protection. For both domestic and foreign gaming companies, regulatory issues may arise from market entry to operational procedures.

This paper specifically focuses on the classification and registration of video games under Turkish law, the scope of copyright protection, and additional considerations such as taxation, data protection, and consumer protection regulations. For the purposes of this article, the terms “video game” and “computer game” are used interchangeably.

The Video Game Market in Turkey

The Turkish video game market differs from that of the European Union and the United States in several important respects, notably high levels of software piracy and a fragmented regulatory landscape. Despite these challenges, the sector has demonstrated consistent growth, reaching an estimated value of USD 100 million, with significant participation from Korean and Chinese companies.

Unlike the EU and the U.S., where console-based gaming dominates, piracy in Turkey has led the market to evolve primarily around online games. Revenues from online games constitute the largest share of the industry, and internet cafés remain important venues where users access domestic online games.

Registration and Classification

Under the Regulation on Registration of Intellectual and Artistic Works, video games are subject to compulsory registration with the Ministry of Culture and Tourism in order to obtain a banderole (sticker) for distribution in the Turkish market.

This process should not be construed as a prerequisite for copyright protection, since Turkey is a signatory to the Berne Convention, but rather as an administrative requirement for evidentiary and market access purposes. The applicant must provide documentation, including a self-declaration letter affirming that the game does not contain elements harmful to the physical or mental health of minors. The Ministry’s commission classifies games according to content factors such as violence, fear, and sexuality. Games deemed unsuitable may be denied registration or required to implement restrictions.

Currently, there is no specific classification procedure for online games, although official reports have highlighted the urgent need for regulation. Authorities have proposed adopting systems similar to the PEGI Online or the ESRB rating system.

Copyright Protection

The most significant challenge under Turkish copyright law (Law No. 5846) is the classification of video games as protectable works. Multimedia and audiovisual works are not explicitly defined categories under the Code. Accordingly, video games are typically protected as either:

  • Scientific and literary works (computer programs), or
  • Cinematographic works.

This categorization gap creates legal uncertainty. While Turkish intellectual property law is broadly harmonized with the EU acquis, administrative practice and judicial enforcement remain inconsistent. Among the main issues are:

  • Limited specialized courts and case backlogs;
  • Weak enforcement and evidence collection in IP crime investigations;
  • Expert reports that lack clarity and accessibility;
  • Minimal fines and frequent application of “postponement of judgment,” reducing deterrence;
  • Instances where invoices or licenses presented during investigations result in confusion between actus reus and mens rea.

Draft amendments to Law No. 5846 propose expanding the scope of “cinematographic works” to “audiovisual works,” which would allow video games to benefit from broader copyright protection.

Taxation

Taxation remains a sensitive issue for both foreign and domestic investors. Video games may be subject to Value Added Tax (18%), corporate tax, and other levies depending on their format (physical or digital). Physical games (CD/DVD) are also subject to customs procedures, whereas online and mobile games pose challenges due to tax evasion and the use of virtual currencies.

Foreign companies operating without a registered presence in Turkey have faced enforcement actions, including access bans, until they establish local branches.

Data Protection and Online Safety

Turkey lacks a comprehensive data protection law, although the 2010 constitutional amendment introduced a right to data protection, and a draft law aligned with EU standards has been pending for years. Current protection derives mainly from the Turkish Penal Code, which criminalizes unlawful storage or disclosure of personal data.

Special consideration applies to credit card data: under banking regulations, gaming companies are prohibited from storing users’ card information directly.

Regarding online safety, Law No. 5651 provides a framework for internet governance, but provisions on website blocking and user rights require further reform.

Consumer Protection and Gaming Cafés

Turkish consumer protection law mandates the issuance of a certificate of guarantee for gaming devices connected to TVs or computers, with a warranty period of two years. However, software is excluded from this obligation.

Gaming cafés, which play an important role in Turkey’s online gaming ecosystem, are subject to special regulations, including minimum distance requirements from schools and mosques, as well as age restrictions.

Conclusion

The legal landscape of video games in Turkey is characterized by partial harmonization with international standards but significant deficiencies in implementation. Issues such as registration, classification, copyright protection, and taxation remain particularly problematic, while online safety and data protection laws are still developing.

To ensure sustainable growth and adequate protection for both investors and consumers, Turkey must modernize its legal framework—particularly by addressing copyright categorization, enforcement capacity, and data protection.

Ultimately, the effective application of the law is more important than its written form. Training and awareness among judges, prosecutors, and law enforcement authorities are critical to bridging the gap between regulation and practice.

References

  • Law No. 5846 on Intellectual and Artistic Works (FSEK).
  • Regulation on Registration of Intellectual and Artistic Works, Ministry of Culture and Tourism.
  • Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971).
  • Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication.
  • Draft Law on the Protection of Personal Data (2010, pending).
  • Entertainment Software Rating Board (ESRB), www.esrb.org
  • Pan-European Game Information (PEGI) Online, www.pegi.info
  • European Commission, Turkey 2015 Progress Report (Ch. 7: Intellectual Property Law).