Fikir ve sanat eserleri kanununda tazminat davaları

Abstract

Bu tez calismasinda tazminat hukukunun temeli olan haksiz fiil sorumlulugunu duzenleyen Borclar Kanunu anlaminda haksiz fiil zarar ve tazminat kavramlarina deginilmistir. Bir eseri meydana getiren kisi eser sahibi sifatiyla hukukun kendisine tanidigi bazi malî ve manevî nitelikte haklara sahip olmaktadir. Tez icerisinde manevi ve mali haklar ile bunlarin nitelik ve icerikleri manevi ve maddi tazminat davalarinin konulari icinde irdelenmistir.

“Lawsuits Of Damages Which Can Be Brought Before The Court In Accordance With The Law On Intellectual And Artistic Works” are regulated article 70 of the Law on Intellectual and Artistic Works by numbered 5846. In this study, damage and damages within the scope of Law on Obligations Regulating the Liability of tort which is the basis of the law of damages are mentioned. A person who creates a work, as an author, holds economic and moral rights that are entitled by the law. In study, the moral and economic rights and the quality and contents of these are studied, in the subject of non-pecuniary and pecuniary damages. Forasmuch as the liability of damages in terms of intellectual property law arises provided that a moral or economic right of the owner of the work is violated. Additionally, the lawsuit of annihilation of infringement which can be brought before the court when there is a violation of economic rights are mentioned. Then the lawsuit of the refund of the earnings that can be brought before the court in case of violations of moral and economic rights are explained.