362 NEWSLETTER 2021 Assignment Agreement Economic rights are assigned through a written assignment agreement. The rights to be assigned should be explicitly designated under the assignment agreement. Requirements of written form and explicit designation of the assigned economic rights are validity conditions; therefore, clauses, such as “all economic rights are assigned,” or “the right to reproduction etc. are assigned,” will not be deemed valid as per Article 52 of the IAWC.2 Economic rights may be assigned on a limited or unlimited basis with respect to location and duration. Economic rights may also be assigned with or without the requirement to pay any consideration for the assignment. Additionally, economic rights may be assigned to different persons by limiting the scope of the right. For instance, a photographer may assign the right of reproduction and right of distribution of his/her photographs only to be displayed within a certain catalogue. In this case, the assignee right holder may not use these photographs in any other environment, such as written press or the internet, except such catalogue as referred to herein. The assignee right holder may not assign the economic rights to third parties without obtaining the written consent of the author or his/ her heirs, unless the right to assign to third parties is set forth under the assignment agreement (IAWC Article 49/1). The reason why the consent of the author is required is to establish the connection with the author. The work is not severed, and the control of the author over the use of the work is established.3 License Agreement The author may grant a license to exercise economic rights on the work without assigning economic rights (IAWC Article 48/2). Upon granting a license to exercise an economic right, such licensed economic right remains within the assets of the author (or the right holder), and the licensee will only be entitled to exercise such economic right. 2 Tekinalp, Ünal: Fikir ve Sanat Eserleri Hukuku, Vedat Kitapçılık, 2012, p. 232. 3 Karahan, Sami / Suluk, Cahit / Saraç, Tahir / Nal, Temel: Fikri Mülkiyet Hukukunun Esasları, Seçkin Yayıncılık, 2012, p. 117.
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