Supreme Court/AYM/ECHR decisions are in the public domain; However, publication with commentary is required within the framework of FSEK Art. 36 quotation - original analysis + referencing + citation procedure.
Public domain vs original work
- The decision text itself: public domain (FSEK art. 31).
- Interpretation / synthesis / analysis: original work (FSEK art.6).
- The decision summary can be protected as a written work (if there is an original expression).
FSEK art.36 — quotation limits
- Justifies the purpose of the cited work.
- Quotation amount does not exceed the target.
- Indicating the source and author.
- Not harming the original character of the work.
Jurisprudence publication method
Citation standards
- Supreme Court: "Supreme Court [Chamber] [Mains] [Decision] [Date]" format.
- AYM: "AYM [Number] [Date]".
- ECHR: "[Court] [Date] [Application number]".
- Law journal publications: author + journal + issue + page.
Frequently asked questions
Can I post the full text of the Supreme Court decision on the blog?
Yes, it is public domain; but "citation of source + citation in context" is mandatory. Publishing full text is generally unnecessary; Quoting the section is sufficient for analysis purposes.
I am writing a summary of the decision; Someone else copied it, what do I do?
If the summary is written with original expression, protection with FSEK m.6. Copyright infringement complaint + 5651/9-A access ban + compensation. Evidence: publication date (Wayback) + expression similarity.
Does Lex.com.tr / Sinerji have the right not to quote without permission?
The Supreme Court decision itself is in the public domain; However, database regulation (FSEK article 6/A) is considered their work. Indexing + synthesis parts are copyrighted; The raw decision text may be freely quoted.
I am a party to the court; Will publishing the decision affect my privacy?
The Supreme Court generally publishes anonymous names; Turkish identity is confidential in UYAP. If the full name has been published, correction can be requested by individual application to the Constitutional Court.
Could my interpretation of jurisprudence be an insult?
Academic criticism of the decision is within the scope of freedom of expression; If it is not a personal insult to the judge/judge, there is no problem. Criticism of the "incorrectness of the judicial decision" is protected.
Relevant legislation
- HMK article 371 et seq. — Appeal, appeal; legal remedies.
- Constitutional Constitutional Court Law — Right to individual application.
- ECHR — European Convention on Human Rights individual application.
- IYUK No. 2577 — Administrative trial; Powers of the Council of State.
- FSEK article 36 — Quotation from intellectual works; Commentary jurisprudence publication framework.