NEWSLETTER-2019-metin

257 INTELLECTUAL PROPERTY LAW this approach was abandoned, and it is now accepted that the author shall be the employee who created the work, and the employer shall only have the power to use the economic rights over the work. Conclusion According to the Law, the author of the intellectual and artistic work is the person who created it; however, if the work is created by an employee arising from the employment relationship, the employer shall be entitled to the economic rights over the work. In order for the employer to be entitled to the economic rights, such work shall have been created during the performance of the employee’s duties, and to the contrary should not be taken from the contract, or from the characteristics of the job that the employee has undertaken. Since the employer’s right arises out of the law, the employer and the employee do not have to execute a written contract for the employer to use the economic rights over the work. https://hukuk.deu.edu.tr/dosyalar/dergiler/DergiMiz7-1/PDF/gokyayla1.pdf (Ac- cess date: November, 2019).