This guide explains what foreign influencers, content creators, and digital talent need to understand before entering into commercial arrangements with Turkish brands. It covers the legal classification of influencer agreements under Turkish law, intellectual property rights and their transfer, exclusivity and non-compete provisions, mandatory advertising disclosure requirements, revision clause drafting, and the available dispute resolution mechanisms when a Turkish brand fails to perform.
Turkey's digital market has grown significantly in recent years, and international brands are investing heavily in influencer campaigns targeting Turkish consumers. Foreign content creators, travel vloggers, and lifestyle creators are increasingly being approached for collaborations with Turkish companies. At the same time, the Turkish Ministry of Commerce, the Advertisement Board (Reklam Kurulu), and the Revenue Administration have introduced a detailed compliance framework specifically regulating social media broadcasting and commercial partnerships.
Operating sponsorship campaigns, affiliate arrangements, or product placement campaigns in the Turkish market from abroad is now subject to substantive legal requirements. A foreign creator who does not structure their Turkish partnerships correctly is exposed to administrative fines, tax liabilities, and content enforcement action, regardless of where they are physically located when the content is published. At Bayraktar Attorneys, we advise foreign creators and their agents on the full range of legal issues that arise in commercial partnerships with Turkish brands, from contract drafting through to enforcement of unpaid claims.
In our practice, we regularly advise international creators who approach us after a contractual or regulatory problem has already arisen. The most common situations we encounter are the following.
Creators who entered into commercial campaigns with Turkish brands based entirely on WhatsApp exchanges, informal email threads, or brief memoranda of understanding, without a formal written contract. By the time the content achieved significant reach and the brand was required to pay the final milestone, the brand withheld payment, relying on the absence of formally enforceable contractual terms. Without a signed agreement that meets the requirements of Turkish contract law, the creator's ability to recover the fee through enforcement proceedings is significantly constrained.
Creators whose content was reported to the Ministry of Commerce by a competitor or a consumer advocacy group for undisclosed advertising. Because the creator had used English-language disclosure tags such as "#ad" or "#sponsored" without the required Turkish-language equivalents, the Reklam Kurulu determined that the disclosures were non-compliant, resulting in administrative proceedings.
Creators who discovered that a Turkish brand had repurposed their campaign content in television or outdoor advertising after the original digital campaign period had expired, without additional payment and without any contractual basis for the extended use. Because the original agreement had not defined the scope of rights transferred, the brand treated the absence of a restriction as a permission.
These situations share a common origin: the absence of a properly drafted written agreement that specifies the rights and obligations of both parties under Turkish law before the work begins.
Turkish contract law does not have a specific statutory category for influencer marketing or digital content agreements. These contracts are classified as atypical contracts (innominate sozlesmeler) under the Turkish Code of Obligations, combining elements of two established contract types:
Because no specific statute automatically governs a social media commercial dispute, the terms of the written contract are the primary source of each party's rights. Where the contract is silent or ambiguous on a particular issue, the court applies the general provisions of the Turkish Code of Obligations by analogy with the most closely applicable contract type. This makes the precise drafting of the written contract the most important legal step in any Turkish influencer partnership.
The Law on Intellectual and Artistic Works (Law No. 5846, FSEK) governs intellectual property rights in Turkey. Under FSEK, the original creator of a digital work, including video content, photography, and written creative content, holds both the economic rights (mali haklar) and the moral rights (manevi haklar) to that work by default. The brand that commissions the content does not acquire these rights simply by paying for the work. Rights must be transferred or licensed expressly, in writing, and within defined limits.
A clause that states simply that the brand "owns" or "acquires all rights" to the content does not constitute a valid transfer of specific economic rights under Turkish law. FSEK requires that any transfer or licence of economic rights specify the particular rights being transferred or licensed from the statutory list, which includes:
In addition, the agreement must define the duration for which these rights are granted, the specific digital channels or media on which the content may be used, and the geographic territory covered. A brand that continues to use the creator's content beyond the agreed channel, territory, or time period is committing an act of intellectual property infringement, and the creator has standing to bring a claim regardless of whether they received payment for the original campaign.
Unlike economic rights, moral rights under FSEK cannot be transferred. They remain with the creator permanently. These include the right to be attributed as the author of the work and the right to object to modifications that damage the creator's honour or reputation. Where a brand edits or repurposes a creator's content in a manner that distorts its meaning or presents the creator in a context they did not intend, the creator may have a claim based on the infringement of their moral rights, independent of any economic rights claim.
Turkish brands frequently include exclusivity and non-compete provisions in talent agreements. These provisions restrict the creator from publishing content featuring competing brands during a defined period. Under Article 112 of the Turkish Code of Obligations, a party who breaches a contractual obligation is required to compensate the other party for all resulting loss. A creator who inadvertently publishes content featuring a competing brand's product during an exclusivity period is in breach of contract and may face a claim for damages.
In our experience, the most problematic exclusivity clauses are those that:
We review and negotiate these provisions to ensure that any exclusivity restriction is limited to a realistic timeframe, a specifically defined product subcategory, and a clearly described type of commercial activity, so that the creator's broader revenue streams and organic posting are not inadvertently affected.
When a foreign national or foreign company enters into a contract with a Turkish company, the agreement contains what Turkish private international law defines as a foreign element (yabancilik unsuru). Under the Act on Private International Law and Procedural Law No. 5718 (MOHUK), parties are permitted to choose which country's law will govern their contract and which jurisdiction will hear any dispute. This choice must be made expressly in the written agreement.
Where the agreement is silent on governing law and jurisdiction, Turkish law applies by default, and disputes must be resolved before Turkish courts. For foreign creators who are unfamiliar with Turkish civil procedure, this default outcome is not necessarily disadvantageous, but it does mean that the logistics of any legal proceedings, including service of process, the appointment of local counsel, and the enforcement of any judgment, must be planned for from the outset.
Where a choice of law and jurisdiction clause is included, it should be drafted specifically, identifying the governing law, the designated courts or arbitration forum, and, for arbitration clauses, the applicable arbitration rules and the seat. A clause that designates the "courts of Istanbul" in a commercial dispute between a large brand and a foreign creator may be appropriate. For higher-value transactions, international arbitration with a recognized institution such as the ICC or the Istanbul Arbitration Centre (ISTAC) may offer procedural advantages.
One of the most practically important provisions in any influencer service agreement is the clause governing the number and scope of permitted revisions. Without a precisely drafted revision clause, a brand can require the creator to make repeated, extensive changes to content after production is complete, withholding payment on the grounds that the deliverable has not yet been approved. This creates a situation where the creator has invested production time and cost but cannot recover payment because the contract does not define when the work is complete.
The following model provision sets out the framework we recommend for revision and re-shoot provisions in influencer service agreements governed by Turkish law. It may need to be adapted to the specific circumstances of each transaction.
(a) Preliminary Submission: The Influencer shall submit all finalized digital deliverables to the Brand for review and compliance approval via written email communication no later than seven (7) business days prior to the scheduled publication date.
(b) Permitted Revisions: The Brand shall have a one-time right to request minor editorial modifications to the deliverables. Permitted modifications are strictly confined to correcting factual inaccuracies regarding the Brand's product specifications, aligning with pre-approved script outlines, or adjusting audio-visual technical compliance requirements. The Brand must deliver a single, consolidated list of requested modifications in writing within forty-eight (48) hours of receiving the deliverables.
(c) Complete Re-Shoots and Fundamental Changes: The Brand shall have no right to request a complete re-shoot, a change in core creative concept, a change in pre-approved filming locations, or a modification of the overall narrative tone once the initial production has commenced. Any request that requires a complete re-shoot or structural alteration of content that conforms to the initial creative brief shall be deemed a Material Change Request.
(d) Additional Compensation for Material Changes: Where the Brand issues a Material Change Request, or requests revisions exceeding the single permitted modification window under subsection (b), the Influencer shall not be obliged to perform such modifications until both parties execute a written addendum specifying an additional production fee, which shall be calculated at a minimum rate of forty percent (40%) of the total contract value per additional re-shoot or structural revision round.
(e) Deemed Approval: If the Brand fails to deliver written notification of modification or rejection within forty-eight (48) hours of content submission as required under subsection (b), the deliverables shall be deemed approved, finalized, and cleared for publication. The Brand shall remain fully liable for the immediate release of the corresponding milestone payment.
The deemed approval mechanism in subsection (e) is particularly important. Without it, a brand that does not respond to submitted content can delay the publication date indefinitely while the creator is unable to publish and therefore unable to claim the milestone payment linked to publication. The deemed approval provision resolves this by treating silence as acceptance after the expiry of the notification window.
The Turkish Ministry of Commerce enforces the Guideline on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers. This regulatory framework applies to content published on any platform that targets Turkish consumers or promotes Turkish brands or services, regardless of where the creator is physically located when the content is published or where the creator is based.
Foreign creators frequently assume that because they are outside Turkey at the time of publication, or because their account is registered in another country, they are not subject to Turkish advertising law. This assumption is incorrect. The Advertisement Board's jurisdiction is determined by the audience and the subject matter of the content, not by the creator's physical location or account registration.
The use of English-language disclosure terms such as "#ad", "#sp", or "#sponsored" is not compliant with Turkish advertising law where the target audience includes Turkish consumers. The following Turkish-language identifiers are required and must be displayed clearly:
These tags must not be buried within a block of hashtags at the end of a caption or displayed in a manner that makes them inconspicuous. The disclosure must be prominent, immediate, and legible.
The applicable rules specify where the disclosure must appear, and these requirements differ by platform and content format:
| Platform and Format | Required Disclosure Placement |
|---|---|
| YouTube and long-form video platforms | Turkish disclosure tag must appear within the first two lines of the video description. It must also be displayed clearly within the video itself. |
| Instagram Stories and TikTok (ephemeral or short-form content) | The #reklam or #isbirligi tag must be placed in a high-contrast font, clear of platform user interface overlays, and visible for the full duration of the clip. |
| Instagram feed posts | Disclosure must appear at the beginning of the caption, before any truncation point that requires the user to click "more." |
| Twitter and X posts | Disclosure must be placed at the beginning of the post text, not at the end. |
The Reklam Kurulu has the authority to impose administrative fines on a per-post basis for non-compliant sponsored content. In addition to fines, the Board works with the Information and Communication Technologies Authority (BTK) to issue access restriction orders against creators who systematically fail to comply with national advertising requirements. An access restriction order can result in the creator's content being geoblocked or removed from platforms within Turkish territory. These enforcement tools are used actively, and the Board's enforcement activity is not limited to large-scale domestic creators. Foreign creators whose content reaches Turkish consumers are subject to the same regime.
When a Turkish brand fails to pay an agreed commercial fee, or uses campaign content beyond the agreed scope without additional payment, a foreign creator has a defined set of legal options under Turkish law. These options must be pursued in a specific sequence, as Turkish commercial litigation has mandatory pre-litigation requirements.
The first step in any commercial dispute with a Turkish company is the service of a formal legal notice through a government-authorized Turkish notary. Unlike an email or a letter from an overseas attorney, a notarized formal notice (ihtarname) has defined legal consequences under Turkish civil procedure: it formally establishes the debtor's default, interrupts limitation periods, and creates a documented record of the demand that is admissible in court and enforcement proceedings.
A well-drafted ihtarname identifies the specific breach, quantifies the financial claim, sets a defined deadline for remediation, and states the legal consequences of non-compliance. In our experience, a significant proportion of unpaid commercial disputes are resolved at this stage, because receiving a formal notice from a recognized Istanbul law firm through a notary makes the legal seriousness of the matter clear to the brand's management in a way that informal correspondence does not.
Under Turkish commercial law, commercial disputes above a defined value threshold are subject to mandatory pre-litigation mediation. Before a lawsuit can be filed in the commercial courts, both parties must attend a mediation session before a state-appointed mediator. A party that refuses to participate in mediation, or fails to appear, bears specific procedural consequences in any subsequent court proceedings.
We represent creators in mediation sessions, preparing the factual and legal basis for the claim and aiming to reach a binding settlement agreement at that stage. A mediation settlement agreement that is ratified by the court carries the enforcement weight of a court judgment, which means it can be used to initiate asset enforcement proceedings against the brand without a further trial.
Where a payment claim is based on a clear, undisputed contractual obligation supported by documentary evidence, we do not always need to wait for the conclusion of a full trial before initiating enforcement. Under the Enforcement and Bankruptcy Code (Law No. 2004), we may initiate accelerated enforcement proceedings through the Istanbul Enforcement Directorates based on the contractual documentation.
Once proceedings are initiated, the enforcement directorate serves a payment order on the brand's registered address. If the brand does not pay or raise a formal legal objection within seven days, we may proceed to enforce against the brand's commercial assets, including placing legal liens on corporate bank accounts and restricting the disposal of commercial property. Where the brand raises a formal objection, the matter proceeds to the enforcement court for adjudication of the objection, which is a faster process than a standard commercial trial.
Where a Turkish brand continues to use campaign content beyond the agreed scope, on unauthorized platforms, in unauthorized territories, or after the licence period has expired, the creator has a standalone intellectual property infringement claim under FSEK, independent of any payment dispute. These claims may include a claim for the creator's actual damages, a claim for the profits attributable to the unauthorized use, and, in some cases, moral damages where the unauthorized use has harmed the creator's reputation.
9.1. If I am based outside Turkey and simply post to my social media accounts, can the Turkish Advertisement Board take action against me?
Yes. The Reklam Kurulu's jurisdiction is determined by the content and its audience, not by the creator's location. If your content targets Turkish consumers, features a Turkish brand, or promotes services localized for the Turkish market, you are subject to Turkish advertising law. The Board has enforcement tools including administrative fines and, through the BTK, access restriction orders that can result in your content being geoblocked within Turkish territory.
9.2. Is an English-language "#ad" or "#sponsored" tag sufficient for Turkish compliance?
No. Where your content targets Turkish consumers or features a Turkish brand, the Turkish-language identifiers #reklam (for paid advertisements) or #isbirligi (for brand collaborations) are required. English-language equivalents are not compliant with the Ministry of Commerce guidelines, and their use will not protect you from enforcement action.
9.3. My contract with a Turkish brand simply says "the brand owns the content." Is that legally effective?
No. Under Law No. 5846 (FSEK), a blanket clause assigning ownership of creative content does not constitute a valid transfer of economic rights. The agreement must specifically identify the rights being transferred from the statutory list (processing, reproduction, distribution, communication to the public), the duration, the permitted channels, and the territory. In the absence of a compliant rights transfer clause, the creator retains the economic rights and may have an infringement claim where the brand uses the content beyond any implied scope.
9.4. A Turkish brand has not paid me after my campaign was published. What can I do?
Where you have a written agreement and documentary evidence of performance (proof of publication, engagement data, the submitted deliverables), we initiate a formal notarized legal notice (ihtarname) as the first step. If payment is not made following the notice, we may proceed to mandatory commercial mediation and then to enforcement proceedings through the Istanbul Enforcement Directorates if a clear undisputed debt can be established from the documentation. Where the matter requires a court judgment, commercial mediation is a mandatory prerequisite to litigation.
9.5. Can I choose which country's law governs my contract with a Turkish brand?
Yes. Turkish private international law (Law No. 5718) permits the parties to a contract with a foreign element to choose the governing law and jurisdiction. This choice must be expressly stated in the written agreement. Where the agreement is silent on governing law and jurisdiction, Turkish law applies by default. For high-value agreements, the choice of governing law and the dispute resolution mechanism should be specifically negotiated before the contract is signed.
9.6. A Turkish brand is requiring me to make unlimited revisions before releasing my milestone payment. Is this permissible?
Only if your contract permits it. Without a revision clause defining the number and scope of permitted changes and establishing a deemed approval mechanism, the brand has contractual grounds to withhold payment indefinitely on the claim that the deliverable is not yet complete. This is one of the most common payment disputes in influencer agreements. A properly drafted revision clause, including a deemed approval provision, removes this avenue for withholding payment and gives the creator a clear legal basis for demanding the milestone payment after the approval window has expired without a valid objection.
9.7. After my campaign, the brand used my video in television and outdoor advertising. Do I have a legal claim?
Yes, potentially. Under FSEK, if the original agreement did not expressly transfer reproduction and communication rights for television or outdoor media, the brand's use of your content in those channels is an unauthorized use of your economic rights. You may have a claim for actual damages, for the profits attributable to the unauthorized use, and in some cases for moral damages. The strength of the claim depends on the precise wording of the original agreement and the extent of the unauthorized use.
The Turkish influencer marketing market presents genuine commercial opportunities for foreign creators, but it operates within a defined legal framework that rewards careful preparation. The written agreement is the foundation of every commercial relationship, and its terms, particularly on intellectual property rights, revision scope, deemed approval, exclusivity, and jurisdiction, determine the creator's legal position in every scenario that may arise during or after the campaign.
The advertising disclosure requirements of the Reklam Kurulu apply to all content targeting Turkish consumers regardless of the creator's location, and non-compliance exposes creators to administrative fines and content enforcement action. Where a Turkish brand fails to perform, the structured sequence of ihtarname, mediation, and enforcement proceedings provides a defined route to recovery that is effective where the underlying contractual documentation is sound.
The common thread across every legal risk described in this guide is the same: the problems are much more effectively addressed before the contract is signed and the content is filmed than after a dispute has already arisen.
At Bayraktar Attorneys, we advise foreign creators, digital talent agencies, and international brands on every aspect of influencer marketing law in Turkey. Whether you are reviewing an upcoming collaboration agreement, seeking to recover an unpaid campaign fee, or responding to an Advertisement Board inquiry, we can assess your position and set out your options. Contact us for a confidential consultation with our media and corporate law team in Istanbul.
