Works created by workers

Intellectual and Artistic Works Code numbered 5846 defines the person who creates a work as the owner of the work. As a result of that rule, it is admitted that work creator exercises exclusively economic and moral rights arising from intellectual and artistic works. However an exception has been made to the rule that the owner of the work exercises from all the rights on the work, considering the employment purposes of the employees, servants and civil servants. With the aforementioned rule, it is foreseen that the rights on the work created by the employees, servants and civil servants during the performance of their duties will be used by the person who employed or appointed these persons. In our thesis, solution suggestions related to subject and how the provision should be interpreted are presented considering the historical development of provision related to intellectual and artistic works created by employee, servant and civil servant, qualifications of the economic and moral rights on the work, requirements of the employment relationship.