How to Buy and Sell Art in Türkiye: Practical Insights

Introduction

Buying or selling art in Türkiye is often more than a simple commercial transaction. A painting, sculpture, photograph, manuscript, antique or collectible may be a physical object, a creative work, and in some cases, a cultural heritage item. For this reason, it is not enough to look only at the price, delivery terms or whether the work is genuine. Buyers and sellers should also consider who owns the artwork, who holds the copyright, where the artwork came from, whether it may have been stolen, whether it may qualify as a cultural asset, and whether anyone else may have a claim over it.

Turkish law deals with artworks from different angles. The physical ownership of the artwork is mainly governed by general private law rules. Copyright and artistic rights are protected under Law No. 5846 on Intellectual and Artistic Works (“Law No. 5846”). If the object is also considered a protected cultural asset, Law No. 2863 on the Protection of Cultural and Natural Assets (“Law No. 2863”) may also apply.

When Is an Artwork Legally Protected?

To benefit from copyright protection, a work must bear the individual characteristics of its author[1], be created by a human author, have intellectual or aesthetic content, and be expressed in a form that can be perceived by third parties. It must also exceed a certain threshold of originality and fall within one of the categories recognised by law, namely scientific and literary works, musical works, fine art works or cinematographic works.[2]

Buying the Artwork Does Not Mean Buying the Copyright

One of the most common misunderstandings in the art market is the belief that buying an original artwork gives the buyer all rights over it. This is not the case. For example, a person who buys a painting becomes the owner of the canvas and the physical artwork. However, unless the author or copyright holder has clearly granted permission, the buyer cannot automatically use the image of the artwork in advertising, publish it in a catalogue, use it in a social media campaign, print it on posters or products, create digital copies, or license it to others. This is why art sale agreements should make a clear distinction between the sale of the physical artwork and the permission to use the image or creative content of the artwork. This distinction is especially important for galleries, auction houses, collectors, museums, hotels, brands and investors.

The Author’s Rights May Continue After the Sale

The sale of a physical artwork does not mean that the author’s legal connection with the work completely ends. The author continues to hold moral rights, which can not be transferred, including rights relating to the disclosure of the work to the public, attribution of authorship and the prevention of alterations that may harm the integrity of the work or the author’s reputation. Therefore, the new owner should be careful when altering, restoring, displaying, publishing or digitally using the artwork. Separately, uses such as adaptation, reproduction, distribution, performance, broadcasting or communication to the public may fall within the author’s economic rights. For this reason, using the artwork or its image for prints, merchandise, advertising, websites, catalogues, social media campaigns or brand collaborations may require permission from the copyright holder. Economic rights may be assigned or licensed by written agreement.

Why Pre-Purchase Checks Matter

Pre-purchase checks are very important in art transactions. Especially for high-value artworks, relying only on the seller’s statements may not be enough. A careful buyer should ask for documents showing the artwork’s history, authenticity certificates, condition reports, previous sale records and information about who previously owned the work. These checks are not only practical precautions. They may also affect the buyer’s position if a dispute arises later. For example, serious problems may occur if the artwork turns out to be stolen, removed from a museum without proper authority, or subject to another person’s claim.

A decision of the Court of Cassation dated 15 December 2020 illustrates this point. In that case, a collector bought an oil painting through an auction company. The painting was later seized during an investigation concerning artworks allegedly stolen from the Ankara Painting and Sculpture Museum. The auction company argued that it had acted only as an intermediary. However, the court noted that the invoice had been issued by the auction company and that the payment had been made to the company’s account. The transaction was therefore treated as a sale, and the buyer was allowed to claim the sale price with interest. This decision shows how important it is to check the background of an artwork, especially in auction and intermediary sales.[3]

Stolen Art, Forgery and Third-Party Claims

Stolen, lost or unlawfully transferred artworks carry serious risks. Although good-faith buyers may receive legal protection in certain circumstances, a buyer who ignores warning signs or fails to request basic provenance and ownership documents may find it difficult to rely on good faith later. For this reason, buyers should check whether the artwork may have been stolen, removed from a museum collection, obtained through illegal excavation, or be subject to a third-party claim.

Authenticity is another key issue. If an artwork later turns out to be fake or materially different from the seller’s description, the buyer may have contractual remedies under the Turkish Code of Obligations, such as cancellation of the sale, price reduction, replacement where possible, or compensation. In such disputes, expert reports, author archives, catalogue records, certificates, previous sale documents and the parties’ conduct during the transaction may become important.

Cultural Heritage Risks

If such an object qualifies as a “movable cultural and natural asset that requires protection” under Law No. 2863, different rules may apply. Depending on the object’s legal classification and characteristics, its possession, collection, transfer, purchase and sale may be subject to registration, notification and supervision by the Ministry of Culture and Tourism (“Ministry”). Under Law No. 2863, real persons and legal entities may form collections of protected movable cultural assets only with an authorisation certificate issued by the Ministry. Collectors must notify their activities to the Ministry and record the movable cultural assets in an inventory book in accordance with the applicable regulation. They may exchange or sell items in their collections among themselves only if the relevant items are registered with the relevant museum and the Ministry is notified at least fifteen days in advance. The Ministry has priority in purchasing such items.

A decision of the 12th Criminal Chamber of the Court of Cassation dated 25 December 2025 illustrates this risk. In that case, coins considered to belong to the Roman and European periods were found in the defendant’s possession, and the defendant’s criminal liability under Law No. 2863 was discussed in relation to those objects. The defendant’s appeal before the regional appellate court was accepted; however, the defendant subsequently brought the matter before the Court of Cassation. The Court of Cassation also accepted the defendant’s cassation appeal and quashed the penal judgment rendered against him. Nevertheless, the proceedings remain noteworthy because the matter was not confined to the sale or trade of cultural assets. Even the mere possession of items that may qualify as cultural assets was treated as a matter giving rise to criminal proceedings at first instance. Therefore, when it comes to objects or items that may have cultural heritage value, the assumption that “I am only keeping them in my possession” is not a safe one.[4]

Art Market Compliance and MASAK Obligations

The art market is also closely monitored from an anti-money laundering and counter-terrorist financing perspective. Under Turkish law, persons engaged in the trade of historical objects, artworks and antiques, as well as those who act as intermediaries in such transactions, are included among the obliged parties under Law No. 5549 on the Prevention of Laundering Proceeds of Crime. The Regulation on Measures for the Prevention of Laundering Proceeds of Crime and Financing of Terrorism similarly covers those who buy and sell historical objects, antiques and artworks, as well as those who conduct auctions of such items. Therefore, auction houses, galleries, antique dealers and other professional actors in the art market may be required to identify the parties to a transaction, monitor transactions, keep proper records and report suspicious transactions where necessary.

Financial Crimes Investigation Board of the Ministry of Treasury and Finance (“MASAK”) General Communiqué No. 13 further sets out the practical rules and procedures for suspicious transaction reporting. MASAK has also issued a sector-specific Suspicious Transaction Reporting Guide (“Guide”) for persons engaged in the purchase and sale of historical objects, antiques and artworks, as well as those conducting auctions of such items.[5] The Guide addresses the practical steps for suspicious transaction reporting in this sector, including electronic submission through MASAK. The Guide also addresses the preparation of the reporting form, electronic submission through MASAK Online, and examples of sector-specific suspicious transaction indicators. It further provides that suspicious transaction reports submitted electronically must be made in accordance with the procedures set out in the guide.

The Author’s Resale Right in Secondary Market Transactions

Another issue to consider in secondary market transactions is the author’s resale right under Article 45 of Law No. 5846. This right allows the author, or certain beneficiaries specified by law, to receive an appropriate share of the price difference where eligible works are resold during the copyright protection period after their first sale by the author or the author’s heirs. It may apply to originals of fine art works other than architectural works, certain limited copies produced by the author or under the author’s control and permission and signed or otherwise marked as original, as well as other categories of works specified under Article 45. If the work is resold through an exhibition, auction, shop dealing in such works or another form of sale, and there is a clear disproportion between the previous sale price and the resale price, the natural or legal person carrying out the sale may be required to pay an appropriate share of the price difference to the author, the author’s statutory heirs up to and including the second degree and surviving spouse, or, where none exist, the relevant professional association. The implementation of this right depends on the procedures and principles set out by decree.

Conclusion

Buying and selling art in Türkiye requires careful attention. A buyer should not look only at whether the artwork is beautiful, valuable or genuine. It is also important to ask whether the seller has the right to sell it, whether the artwork has a problematic history, whether it may be a protected cultural asset, who owns the copyright, and how the artwork may be used after the sale.

References

(Only in Turkish) 11th Civil Chamber of the Court of Cassation, 2020/5883 E., 2020/2916 K. Numbered Decision. (2020, 12 15). Retrieved from Lexpera: https://www.lexpera.com.tr/ictihat/yargitay/11-hukuk-dairesi-e-2020-2916-k-2020-5883-t-15-12-2020

(Only in Turkish) 12th Criminal Chamber of the Court of Cassation, 2025/900 E. , 2025/9251 K. Numbered Decision. (2025, 12 25). Retrieved from Lexpera: https://www.lexpera.com.tr/ictihat/yargitay/12-ceza-dairesi-e-2025-900-k-2025-9251-t-25-12-2025

(Only in Turkish) Suspicious Transaction Reporting Guide for Persons Engaged in the Purchase and Sale of Historical Objects, Antiques and Artworks or Conducting Auctions of Such Items. (2025, 06 16). Retrieved from MASAK: https://ms.hmb.gov.tr/uploads/sites/12/2025/06/SIB-REHBER-MUZAYEDE-1.0-d1630103b280dd3e.pdf

Eliri, İ. (2009). (Only in Turkish) Güzel Sanat Eserlerinde Fikri Mülkiyet Hakları ve Uygulamaları, PhD Thesis. Republic of Türkiye Selçuk University Directorate of the Institute of Social Sciences. Konya.