Eser Uzerinde İşverenin Hak Sahipligi
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Date
2010
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Kadir Has Üniversitesi
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Abstract
Gunumuz dunyasinda her ne kadar kanunlarla koruma altina alinsa da uygulamada calisanlarin baskin isverenler karsisinda daha edilgen oldugu gorulmektedir. Bu sebeple calisanlarin haklarinin bilincinde olmalari cok onemlidir. Eser uzerinde isverenin hak sahipligi konulu bu tez calismasinda 5846 Sayili Fikir ve Sanat Eserleri Kanunu.nun 18/ii maddesinde yer alan duzenlemenin analiz edilerek degerlendirilmesi amaclanmistir. Bu nedenle uc bolumden olusan calismamizin birinci bolumunde eser eser sahipligi eser uzerindeki haklarin hukuki islemlere konu olmasi eserin miras yoluyla intikali aciklanmistir.
In contemporary globe, it is a fact that employees are more vulnerable against preponderant employers, despite the fact that their rights are protected by law. Therefore, it is really important for the employees to be aware of their legal rights.This thesis' aim is to analyze and evaluate ?the employer?s entitlement as right holder on work of art?, as it is regulated in the Article No. 18/II of the Turkish Law No. 5846 on Intellectual and Artistic Works. Hence, in the first of the three chapters, the concepts ?work of art?, ?ownership?, the legal transactions on the work of art and the transmission of work of art by descent are defined and thereafter the Article 18/II is analyzed through its historical development as well as in comparison with the related law of USA, France and UK. In the following Chapter, there is a conceptual assessment of the Article No. 18/II, and emphasize is made on the presumption qualification of the same. Further more, the comparative analysis of this specific Article is made with the other Turkish Intellectual Property Regulations, such as Patent and Industrial Design Law. Finally, in the last chapter of this thesis, concrete cases are used to determine the conflict of interests between employers and employees and possible solutions are proposed. Furthermore, the consequences of liquidation and assignment of the related enterprises on the rights on a work of art are also evaluated and tried to be clarified.
In contemporary globe, it is a fact that employees are more vulnerable against preponderant employers, despite the fact that their rights are protected by law. Therefore, it is really important for the employees to be aware of their legal rights.This thesis' aim is to analyze and evaluate ?the employer?s entitlement as right holder on work of art?, as it is regulated in the Article No. 18/II of the Turkish Law No. 5846 on Intellectual and Artistic Works. Hence, in the first of the three chapters, the concepts ?work of art?, ?ownership?, the legal transactions on the work of art and the transmission of work of art by descent are defined and thereafter the Article 18/II is analyzed through its historical development as well as in comparison with the related law of USA, France and UK. In the following Chapter, there is a conceptual assessment of the Article No. 18/II, and emphasize is made on the presumption qualification of the same. Further more, the comparative analysis of this specific Article is made with the other Turkish Intellectual Property Regulations, such as Patent and Industrial Design Law. Finally, in the last chapter of this thesis, concrete cases are used to determine the conflict of interests between employers and employees and possible solutions are proposed. Furthermore, the consequences of liquidation and assignment of the related enterprises on the rights on a work of art are also evaluated and tried to be clarified.
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Eser, Hak Sahipliği, İvaz Karşılığı Eser Yaratımı, İşçi, İşveren, Work of Art, Ownership, Work Made For Hire, Employee, Employer