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By-laws on the Collecting societies and Federations for the Authors of the Intellectual and Artistic Works and Restricted Rightholders

Resolution of the Council of Ministers Date and No: 10th March 1999 – 99/12574

Official Journal Date and No: 01st April 1999 - 23653

By-laws regarding the Amendment of the By-laws on the Collecting societies and Federations for the Authors of the Intellectual and Artistic Works and Restricted Rightholders

Resolution of the Council of Ministers Date and No: 13th August 2002 – 2002/4683

Official Journal Date and No: 24th September 2002 - 24886

BY-LAWS ON THE PROFESSIONAL ASSOCIATIONS AND FEDERATIONS FOR THE AUTHORS OF THE INTELLECTUAL AND ARTISTIC WORKS AND AFFILIATED RIGHTHOLDERS

SECTION ONE

General Provisions

            Purpose and Scope

            Article 1- This by-laws regulates the provisions regarding the establishment, duties, revenues, inspection, membership, to be excluded from membership of the collecting societies and federations for the authors of the intellectual and artistic works and related rightholders; the procedures for the distribution of compensations and copyright fees to the authors of the works and related rightholders, and other provisions regarding the functioning of the societies and federations.

            Definitions

            Article 2- The definitions of the terms used in this by-laws are provided below:

            a) Ministry                                          : Ministry of Culture,

            b) Federation                                     : Higher organs of societies of the

authors of intellectual and artistic works and related rightholders established according to the the provisions of the Law and By-laws,

c) Collecting societies                        : Societies established according to the

(Association)                                       provisions of the Law and By-laws in order to protect the common interests of the authors of intellectual and artistic works and related rightholders, and to collect and to distribute the fees to the rightholders,

d) Law                                                 : Law No. 5846 of 5th December 1951 on Intellectual and Artistic Works,

e) By-laws                                           :By-laws on the Collecting societies and Federations for the Authors of the Intellectual and Artistic Works and Related Rightholders,

            f) Author of the Work                         : Real person who produces the work,

g) Related rightholder                                    : Performance artists, phonographers, radio – TV institutions and motion picture producers, who make the first recordings of the motion pictures for the first time, who are the restricted rightholders on the condition that they do not give harm to the financial and moral rights of the author of the work,

h) Financial rightholder                    : The author of the work and real or legal persons entitled to use the financial rights of the work within the framework of Article 48 of the Law.

Legal personality

            Article 3- Societies and Federations shall acquire legal personality when they submit to the Ministry declaration of incorporation prepared in line with the statutes prepared by the Ministry and approved by the Council of Ministers.

            Representation of the Members and Pursuit of Rights

            Article 4- Societies shall be authorized within the framework of the rights transferred to them by their members in their relationships with the public institutions, real persons, legal persons subject to private law, regarding the pursuit of the rights of the authors of the work and related rightholder, who are members to the association.

            Authors of the work and related rightholders may individually pursue the rights which they have not transferred to the societies.

            The rights of the authors of the work and related rightholders provided by the law shall not be pursued inTurkey by societies, unions and similar institutions other than the ones established in line with the by-laws.

            Following works, performances and publications

            Article 5- Societies shall be obliged to follow the use of intellectual and artistic works, performances, recordings and publications belonging to their members, and to take necessary action against those, who use it without permission.

            Relationships with international institutions

            Article 6- The membership of societies and federations to international collecting societies shall be subject to the permission of the Ministry with the approval of the Ministries of Interior and Foreign Affairs.

            Societies and federations may cooperate with the institutions and establishments, real persons and legal persons and institutions subject to private law abroad serving the same purpose. The protocols to be prepared as a result of such cooperation shall be submitted to the Ministry.

SECTION TWO

Establishment of Collecting societies

Part One

The Field and Establishment of Collecting societies

            The purpose and field of the societies  

            Article 7- Authors of the work and related rightholders may establish more than one professional association in the following fields in order to protect their common interests, to administer and pursue the rights given by the Law and to collect and distribute to the rightholdersne.

            Fields of professional association:

1-      With regards the authors of the work;

a)      Authors of scientific and literary works,

b)      Authors of musical works,

c)      Authors of works of fine arts,

d)      Authors of cinema works,

Authors of processed and compiled work

2 – With regards the related rightholders;

a)      Performance artists,

b)      Phonograph producers,

c)      Radio – TV institutions,

d)      Producers, who make the first recordings of the motion pictures.

Each topic provided below categorized with regards to the authors of the work and related rightholders is a field on which a professional association may be established.

The establishment of societies

Article 8- In order to establish an aassociation, real persons such as the author of the work, performer or performance artists four times the number of the associate members of the administrative, inspection, technical-scientific and disciplinary boards of the association; and real and legal persons such as the producer, and the radio – TV institution should apply to the Ministry.

In order to establish another professional association in the same field, real or legal persons one thirds of the number of the professional association with the largest number of members, which shall be no less than the number of founding members stated in the above paragraph, should apply to the Ministry.

            The application for the establishment of the professional association shall contain the name of the association, its headquarters, its address, the names and last names of the founders, their places of birth, dates of birth, professions, nationalities and places of residence. For legal persons, trade registration number and tax number; for broadcast institutions, the record of the Higher Board of Radio and Television shall be required. The ID photocopies of the founding members, undersigned declarations proving that they can become associate members to the association, and five copies of the association by-laws undersigned by the founders shall be annexed to the application. The names, last names, places of residence of the temporary board of directors, who will serve until the establishment of all organs of the professional association, and the names, last names and addresses of people with whom correspondence and notification shall be made should be stated in the application.

The establishment of societies

Article 8- In order to establish an aassociation, real persons such as the author of the work, performer or performance artists four times the number of the associate members of the administrative, inspection, technical-scientific and disciplinary boards of the association; and real and legal persons such as the producer, and the radio – TV institution should apply to the Ministry.

In order to establish another professional association in the same field, real or legal persons one thirds of the number of the professional association with the largest number of members, which shall be no less than the number of founding members stated in the above paragraph, should apply to the Ministry.

            The application for the establishment of the professional association shall contain the name of the association, its headquarters, its address, the names and last names of the founders, their places of birth, dates of birth, professions, nationalities and places of residence. For legal persons, trade registration number and tax number; for broadcast institutions, the record of the Higher Board of Radio and Television shall be required. The ID photocopies of the founding members, undersigned declarations proving that they can become associate members to the association, and five copies of the association by-laws undersigned by the founders shall be annexed to the application. The names, last names, places of residence of the temporary board of directors, who will serve until the establishment of all organs of the professional association, and the names, last names and addresses of people with whom correspondence and notification shall be made should be stated in the application.

If the association by-laws, the legal satus of its founders, the decleration of incorporation and its annexes are not in contradiction with the legislation the operation permit shall be given by the Ministry. Societies shall not act before receiving such permission.

If the Ministry detects a contradiction or shortcoming in the decleration of incorporation, its annexes, the by-laws of the association and the legal status of the founders the Ministry shall request in writing the recovery of such contradiction or shortcoming within thirty days following the date of notification. The Ministry shall file an action according to general provisions against those societies which have not eliminated such shortcomings.

Results of the applications shall be notified to the societies in writing.

The first general assembly of the association

Article 9- A temporary board of directors shall execute the works of the association until all organs of the association are established and shall represent the association. Moreover, it shall define the criteria for membership.

The first general assembly of the societies should convene within six months following their application to the Ministry or the receipt of the permission of operation  at the latest, and the societies should establish their organs. On the condition that such obligation be not fulfilled, the Ministry shall file an action for the dissolution of the association.

PART TWO

Membership to the Association

Right to membership and obligations

Article 10- Anyone with the specifications foreseen in the by-laws may become a member to the association. Members have equal rights except for the restrictions foreseen in Articles 13 and 14 of the by-laws. No one shall be forced to become a member or continue his membership to the association. Legal persons may only become members to the association if they are established according to Turkish laws. Membership shall be limited to one professional association for each type work in the same field. Authors of the works, performance artists, producers of sound carriers, radio – TV institutions and producers, who record the motion pictures for the first time may become members to different societies according to the types of work they perform or produce.

The members shall be obliged to pay the initial membership fee and the yearly subscription fee.

           Types of Membership

Article 11- There may be beneficiary members and candidate members in the association besides associate members.

Associate member

Article 12- In order to be a associate member to the association the following qualifications are required:

a)      Being the real or legal person who is the author of the work or the related rightholder,

b)      Being capable of using civil rights,

c)      Conforming to the criteria to be set forth by the association,

d)      For producers and production companies: actively producing and being registered in the trade registry until a minimum period of six months.

Beneficiary member

Article 13- Beneficiary members are:

a)      Persons, who have not created the work of art, however who have the authority to use the financial rights directly or through heritage or derivative acquisition.

b)      The guardians or trustees of those persons, who are not capable of using their civil rights.

Beneficiary members may not take part in the organs of the association and ma