364 NEWSLETTER 2021 the author (or his/her heirs), unless the right to grant a license to third parties is set forth under the license agreement (IAWC Article 49/1). Acts of Disposal on Incomplete Works Only the completed works may be the subject of an assignment or license agreement (i.e. acts of disposal), and assignment or license agreements with regard to incomplete works are invalid. However, commitments regarding the acts of disposal are valid even if they are made prior to the creation of the work6 (IAWC Article 48/3, 50/1). In the case of a commitment regarding the acts of disposal, assigning or granting a license on the economic rights of the work following the completion of the work constitutes the subject matter of the commitment. Thus, the right holder may request the assignment or license of the economic right on the work once the work is created. For instance, an artist may undertake to grant a gallery with a license, or to assign the right of performance on the painting s/he is then painting by executing a contract with the gallery. Once the work is completed, the gallery is entitled to request the transfer of the economic right, for which the artist and gallery must conclude a second agreement, whereby the terms and provisions of the assignment and/or license are indicated. As assignment and license agreements, commitments regarding the acts of disposal on incomplete works are also concluded in writing, and the economic rights that are subject to a commitment should be explicitly indicated thereby. A written form requirement is a validity condition.7 Although concluding an assignment and license agreement on the economic rights of an incomplete work is deemed invalid by law, such assignment and license agreements are frequently encountered in practice in Turkey, due to the impact of Anglo-Saxon law. In the events where the economic rights on the incomplete work are assigned or licensed, the Supreme Court, by considering the facts of the concrete 6 Commitments regarding the acts of disposal may also be given if the work is completed. 7 Tekinalp, p. 232.
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