The last word in Cem Karaca’s NFT case was the appeal. In the lawsuit filed after a portrait of the master artist in NFT format was put up for sale, the court rejected the objection of the painter Yiğit Mohaç Yücel. The decision sets a precedent for the NFT sector in Turkey.
According to the news in Hürriyet; Yiğit Mohaç Yücel, who sold a portrait of Cem Karaca in NFT format, had the final word in the case of Emrah Karaca, who had an injunction order from the court to prevent the sale. Finding Yiğit Mohaç Yücel, who objected to the decision, unjustified, the Court of Appeal rejected the appeal on the grounds that the local court’s decision was in compliance with the law.
On the other hand, the court decision set a precedent for NFT assets in Turkey.
Cem Karaca What is the NFT Incident?
Artist Cem Karaca’s son, Emrah Karaca, filed a lawsuit at the Istanbul 3rd Civil Court of Intellectual and Industrial Rights after he learned that the artist Yiğit Mohaç Yücel would sell a portrait of the master artist on “Open Sea”. In the expert report that reached the court, it was stated that the portrait that the painter Yücel offered for sale as NFT was prepared based on a photograph of Cem Karaca and that Karaca’s appearance was commercialized, therefore, the actions of NFT violated the Law on Intellectual and Artistic Works and his personal rights. was stated.
Announcing its decision after the expert report, the court decided to block access to websites where Cem Karaca’s portrait is used without permission, and to prevent the sale of Cem Karaca’s portrait, which is available for sale in NFT format on the platform called “Open Sea”.
Cem Karaca’s portrait in NFT format was removed from the platform after the decision was sent to the “Open Sea” platform within the scope of the Digital Millennium Copyright Act valid in the USA. Yiğit Mohaç Yücel objected to the decision against him, but the court rejected it.
“The Decision Is Already Precedent”
Painter Yiğit Mohaç Yücel brought the case file to the Court of Appeal this time after the court’s refusal. Yücel, stating that the injunction against him was against the procedure and the law, objected to the decision. Announcing its decision, the court rejected the objection of artist Yücel, stating that the interim injunction was in accordance with the law.
Evaluating the decision, Emrah Karaca’s lawyer Görkem Gökçe said, “We welcomed the continuation of this interim injunction decision, which is the first in Turkey. With this decision, the Court of Appeal not only tried to determine the legality of the injunction, but also evaluated that NFT cases would be heard in intellectual and industrial property law courts. For this reason, the decision is already precedent.” said.
