TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
transfer to the commissioning party, whereas moral rights stay with the author. Employee Work Rights to works created by employees during their duties typically transfer to the employer, unless the contract or nature of the work sug - gests otherwise. Moral rights remain with the employee. Joint Authorship When multiple authors are involved, the division of the work is a key consideration. If the work is dividable, each author owns their part and can independently manage it. When the work forms an inseparable whole, it is owned collectively by all authors. 3.4 Copyright Rights According to the Copyright Law, authors receive exclusive rights over their creations. This encom - passes economic and moral rights. Economic Rights These rights enable authors to control how their work is commercially used, including: • reproduction; • distribution; • performance; • communicating to the public; and • adaptation. Economic rights are transferable, thereby allow - ing authors to transfer or license their rights to
• the right to publicise; • the authority to designate the name; • the right to prohibit the modification of work; • the right of access to the original work; and • the right to prevent the destruction of the work. 3.5 Term of Protection and Termination The term of protection of a copyright on eco - nomic rights extends for 70 years following the author’s death. Exceptionally, databases are granted a 15-year protection from their publica - tion date. Moral rights persist for 70 years fol - lowing the author’s death and can be exercised by the author or, thereafter, by a designated suc - cession of individuals. 3.6 Collective Rights Management Systems The collective rights management system in Tür - kiye is structured under the Regulation on Col - lective Management Organisations. This frame - work enables authors, rights-holders and book publishers to form professional associations in their fields. These organisations are tasked with safeguarding the interests of their members, managing and administering rights, and han - dling the collection and distribution of royalties and compensation. 3.7 Copyright Registration In Türkiye, copyright is automatically granted upon the creation of a work. There is no need for registration in order to obtain copyright pro - tection. Specific types of works, such as musical and cinematographic works, video games, and non- periodical publications, require obligatory regis - tration. However, this process – which includes affixing a banderol – is designed not for the purpose of obtaining copyright protection but
third parties. Moral Rights
Moral rights foster a non-commercial relation - ship between the author and their work. These rights, which are non-transferable, consist of:
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