Master'sOpen Access

Transfer of Rights in Code of Opinion and Art Works

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2009
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Abstract (EN)

The intellectual property law, have reached today with in terms of different approaches. Now in modern world, it is considered that there are a lot of rights on the owner's work and authorities to any use and protect. In this regard, a lot of international legal regulations exist, in Turkey the COAW (Code of Opinion and Art Works) is available. On COAW coverage, so many rights and privileges are recognized to the owner who creates work and the work is protected strongly. Spiritual rights on work that, offer to the public, specify the name of owner, prohibit the modify on work, the rights against owner and user, and financial rights that, processing, replication, spread, representaition, transmission to public, share and follow-up are recognized to the owner by COAW.Spritual rights are rights that, arising from personality of the work owner, can not be transferred and can not be abandoned. But authority of using these rights can be transferred. Financial rights are rights that, to provide economic acquisition for work owner over the work. These rights can be transferred, can be transited by inheritance, can be garnished and pledged. However, even in this case, the actual work owner?s spritual rights are stil under protection. For transfer of rights on work, inheritance represents a case apart. Because, the heirs will have different powers and rights than the users of rights.The transfer of work owner?s rights over the work is possible, itself by inheritance tarnsition or by processes of the transfer agreement, the license agreement, the testamentary disposition and the heritage agreement.

Author

Ünsal Eşber Güzel

How to Cite

Ünsal Eşber Güzel (Master Thesis). Transfer of Rights in Code of Opinion and Art Works, 2009, Dicle University.

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