Manevî Hakların Eser Sahibinin Ölümünden Sonra Kullanılması: FSEK Madde 19 Üzerine Bir Tedkik

Abstract

Copyright is a right granted to anyone who creates an original work. Copyright grants moral and economic benefit and authority to the author of an artistic and literary work. Economic rights provide economic benefits the author, whereas moral rights consist of powers related to his personality. Economic rights can be used by the owner himself, by transferring them to other persons, or by granting a license. However, the author uses the moral rights either through the powers that he has granted to another person or by himself. It is not possible to evaluate the moral rights for money, that is, the owner of the work cannot transfer these rights to another person for the price. When the owner of the work dies, economic rights are transferred to the heirs. It is not possible to transfer moral rights on the copyrighted work through inheritance according to Turkish Copyright Law. However, after the author dies, some of the moral rights can be used by some relatives of the author for a certain period prescribed by the law. It is regulated in the 19th article of Turkish Copyright Code (TCC) under Turkish Copyright Law. This essay analyses the article 19 of the TCC that regulates the use of economic rights on the work after the death of the author.