NEWSLETTER-2017

310 NEWSLETTER 2017 liers, scenarists who work in advertisement agencies, engineers who work in software companies, and chemists who work in laboratories. The Employers are the persons who provide convenient environ- ments for these actors by using their capital and bringing in clients. The rights of an oeuvre created by an employee, in the office of the employer, using the computer of the employer, for clients found by the employer by using his skills, creativity, education and experiences, has always been a conflict. If the parties clarified these issues in their contracts, the provisions of their contract shall apply. Otherwise, legal provisions shall govern. Turkish legislations set forth some presumptions regarding the rights of the oeuvres. Within this scope, the provisions of the LIAW shall be applicable with regard to the literary, musical, fine arts, cin- ematographic, and scientific (including computer programs) works (“Works)”, the provisions of the third book of the IP Law shall be ap- plicable for two or three-dimensioned industrial designs (“Designs”), and the provisions of Patents regulated under the 4th book of the IP law shall apply regarding inventions. Moreover, Art. 427 of the LO states that the relevant provisions of the LIAW or IP Law shall apply to the rights of the employer within the scope of the contracts of service. The Rights of the Employers under LIAW The owner of theWork is the person who creates theWork. Within the scope of the relationship between the employer and employee, the owner is the employee; however, the law granted authority only to the employer to use the rights arising out of the Works. Pursuant to Art. 18.2, “The rights in Works created by servants, employees and workers during the execution of their duties shall be exercised by the persons who employ or appoint them; provided that the contrary may not be deduced from a special contract between such persons or from the nature of the work.” To illustrate, the rights of a scenario drafted by a scenarist who works an advertising agency can be used by the employer. The employer can sell, reproduce, and adapt the scenario regardless of the confirmation of the scenarist 1 . 1 Decision of General Chamber of Court of Cassation dated 22.06.2011, numbered