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Rights of Owners in Their Intellectual and Artistic Works
*
Att. Ecem Susoy
The rights of authors of intellectual and artistic works are regulat-
ed under the Law on Intellectual and Artistic Works No. 5846 (“Law
No. 5846”). The purpose of Law No. 5846 is to establish and protect
the moral and financial rights on the products of authors who create
intellectual and artistic works in the fields of science and literature,
music, fine arts or cinema; to regulate the conditions of exploitation of
such products and to determine the sanctions for exploitation in breach
of the related rules and procedures.
Work
A work is an intellectual and artistic work that bears the traits of
its author and which can be considered a work of science and literature,
music, fine arts or cinema.
The principle of numerus clausus is valid for the types of works
covered in Law No. 5846. This means that the produced product must be
included in one of the types of works enumerated under Law No. 5846.
On the other hand, there is a dispute among academics with respect
to some intellectual products which cannot be directly included within
the types of works under the provisions of Law No. 5846. For exam-
ple, competition TV shows or any developed method
1
.
Owner of a Work
The owner of a work is defined in the Law No. 5846. The owner
of a work is the real person who creates the work. Therefore, publish-
ers, producers and legal persons are not acknowledged as owners
2
.
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Article of May 2014
1
Please see.
TEKİNALP, Ünal
, Fikri Mülkiyet Hukuku, 5th Ed., 2012, p. 110.
2
Please see.
TEKİNALP, Ünal
, Fikri Mülkiyet Hukuku, 5th Ed., 2012, p. 143.