NEWSLETTER-2019-metin

254 NEWSLETTER 2019 employer is entitled to use the rights to the work 2 . In another words, whilst the authorship status of the work rests with the employee, the employer benefits from the economic rights associated with the work. The rule of the employer’s rights to use the work created by the employees is also valid for works created by the bodies of entities, freelance employees, employees working on order, and other similar persons 3 . Characteristics of Employers’ Rights of Created Works The rights associated to created works are economic and moral. Whilst the economic rights are rights of adaptation, rights of reproduc- tion, rights of distribution, rights of performance, rights to communi- cate a work to the public through devices enabling the transmission of signs, sounds and/or images, the moral rights are rights to publicize, rights to designate the name, rights of prohibition of modification of work, and the rights of the author against the owner and possessor (such as the author’s right to recall the sole and unique work to be returned). Article 18 of the Law regulating the employer’s rights over the works created by the employees, does not clearly state which rights the employer has the power to use. Although justification of the Law 4 explains that moral and economic rights to the works created by em- ployees may be used by employers, the majority view by academia states it should be accepted that the power to use the moral rights re- mains with the employee, and the employer is solely entitled to use of the economic rights to the works, by explaining that Article 18/1 sets forth that the author is solely authorized to use the economic rights, and Article 18/2 regulates the exception to this rule 5 . Likewise, the 2 Tekinalp, Ünal : Fikri Mülkiyet Hukuku, updated and expanded 5th ed., Istanbul, 2012, p. 144. 3 Karahan (Suluk/Saraç/Nal): Fikri Mülkiyet Hukukunun Esasları, 3rd expanded ed., Ankara, 2012, p. 77. 4 https://www.tbmm.gov.tr/sirasayi/donem21/yil01/ss402m.htm (Access date: No- vember, 2019). 5 Yıldız , Özge : Çalışanların Meydana Getirdiği Eserler, İÜHFM V. LXXII No. 2, 2014, p. 502 https://dergipark.org.tr/en/download/article-file/97940 (Access date: November, 2019).