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 may be involved in the general assembly through voting. Candidate members Article 14- Those persons stated in paragraph (d) of Article 12 may be candidate members to the association for six months as stated in the same paragraph. They shall not vote in the general assembly, or take part in the administrative organs, however they may become members after six months upon the resolution of the board of directors. Application for and Acceptance of Membership Article 15- Real and legal persons wanting to become members shall apply to the association to which they wish to become members in writing. Those who comply with the qualifications and criteria foreseen in the Law, the by-laws and the by-laws of the association to which they apply shall be accepted as members. The applications shall be resolved by the board of directors and shall be notified to the relevant person in writing within thirty days following the date of application. Those, who are accepted to membership, shall be recorded by number of sequence in books kept separately for associate, beneficiary and candidate members. Membership disputes Article 16- Disputes among societies about which association the applicant may be a member to shall be settled by the federation established in the field. Should there be no federation in this field, the issue shall be settled by the Ministry. Membership disputes between the societies and their members shall be settled in the general assembly of the association. Cessation of membership and dissolution of relations Article 17- Membership shall be terminated upon death, termination of legal personality, withdrawal from membership or expelling from membership. In this case, the membership record shall be erased from the book and an explanation be made by the decision of the board of directors. The reciprocal obligations of those, the memberships of which have been terminated, and the association for a period of one year following the end of validity of the final authorization certificate. Withdrawal from membership Article 18- Members may request to withdraw from their membership to the association by an application in writing. Membership shall be terminated upon such application. Expulsion from Membership and objection Article 19- Associate, beneficiary and candidate members shall be expelled from membership under the following circumstances by the proposal of the board of directors and the decision of the disciplinary board: a) Preventing the work and purpose of the association by intentional acts and conduct. b) Failure to pay the membership fee for one year despite a written warning. c) avoiding the sound operation of the association through some intentioanal actions d) not ro give the membership fee throuht the year in spite of a written warning e) Continuing acts in contradiction with the authorization certificate despite a written warning. f) For associate members, not to participate in the meeting of the general assembly consecutively three times without presenting any excuse. Decision of exclusion shall be notified within seven days by notary public. PART THREE Organs of the Association Organs of the Association Article 20- Followings are the compulsory organs of the association: a) General assembly b) Board of Directors c) Inspection board d) Technical-scientific Board e) Disciplinary board Societies may also form optional organs on condition that it is shown on their bylaws. General assembly Article 21- The General assembly consists of associate members of the societies. Duties and Authorities of the General assembly Article 22- Duties and authorities of the general assembly are shown below. a) Selecting principle and candidate members of the board of directors, inspection board, technical-scientific board and disciplinary board. b) Deciding on joining into federation and selecting representatives to join in general assembly of the federation. c) Settling conflicts related with the type of membership. d) Negotiating and coming to an agreement on draft budget. e) Examining and agreeing on reports envisaged by boards. f) Examining and presenting accounts of the Board of directors. g) Agreeing on opening or closing of central directorate and branch offices. h) Buying, selling real assets and entitle the board of directors for the establishment of real rights on them i) Deciding on recommendations on amendment in association bylaws and directive. j) Determining the amount of initial membership fees and yearly subscription fees, and the share of association to be taken from the fees and compensations to be collected. k) Deciding on societies’ joining into international organizations having the same purpose or its cooperation with them. l) Negotiating and deciding on the matters that the board of directors have wanted to be examined in the general assembly. m) Determining the criteria regarding with the qualities of membership. n) Determining the measures related with the use of the works, performances, recordings and publications without permission. o) Executing other duties given by the legislation and bylaws of the association. Meeting of the General Assembly Article 23- The ordinary meeting of the general assembly is realised in the city centre where the headquarters exists which is determined by the bylaws of the association until the end of March once in two years. The meeting invitation of the general assembly is made by the board of directors. Upon its being considered as necessary by the board of directors or inspection board, or upon the written request of the 1/5 of the associate members of the association the general assembly meets extraordinarily. Despite written request of 1/5 of inspection board or associate members of association if the board of directors does not call the general assembly for an extraordinary meeting within 30 days from the date it received the written demand, the Ministry shall entitle the associate members in the equal number of the board of directors to call the general assembly to extraordinary meeting upon the application of inspection board or members demanded the meeting. Invitation of the general assembly to the meeting Article 24- The meeting of the general assembly is announced to members of general assembly through a list on which the date, hour and the agenda of the meeting, or the second meeting to be held when the required quorum is not provided for the first one, and names of the members to participate in the meeting are written. The written notice for meeting should be mailed under registered cover at least 30 days before the meeting or should be delivered by hand to the members in return for the signature of the receiver. The place, date, hour and agenda of the meeting shall be notified to the office of the governor and the Ministry in writing at least 15 days before the date of meeting. The list of the members to take part in the meeting shall also be added to this writing. The Ministry shall entitle a commissioner in the meeting. Quorum and the Procedure of the Meeting Article 25- General assembly shall convene in the presence of members one more than half of the numbers of total numbers of the members of the general assembly. If the quorum is not provided in the first meeting, the majority is not sought in the second meeting. However, to be able to held the second meeting the number of the members taking part in the meeting should not be less than the total of the numbers of the associate members of board of directors, inspection board and disciplinary board. Decisions are taken by the majority of the attendants. Members of the general assembly may vote by giving a power of attorney certified by the public notary to the other members. Each member may be the proxy of only one member. Members of board of directors and inspection board cannot be represented by proxy and they also cannot represent any other member as a proxy. Members take part in the meeting by signing across their names on the list of general assembly prepared by board of directors. The meeting shall be called to order by the chairman of the board of directors or by a member of board of directors entitled by the Chairman upon it is determined by a minutes that the quorum has been provided. Absence of the commissioner does not necessitate the postponement of the meeting. After opening session, in order to administer the meeting a chairman, if necessary, deputy chairmen in required numbers and at least two clerks are elected. The meeting is administered by chairman of the board of directors or the vice chairman charged by the chairman. The minutes of the meeting are prepared by the clerks. It is signed by the chairman, deputy chairman and the clerks, and given to the board of directors. Only the subjects taking place in the agenda are negotiated during the meeting of general assembly. However, through recommendation of at least 1/10 of members existing in the meeting and the decision of the board of directors, a new item may be added to the agenda. Board of Directors Article 26- The board of directors shall be consisted of at least five members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of board of directors. The board of directors elects a chairman, a vice chairman and an accountant member among associate members in three days following the election. The board meets at least once in a month at the request of the vice chairman in the absence of the chairman. The Number of Meetings and Quorum of the Board of Directors Article 27- The board of directors meets with at least three members: decisions are taken by the absolute majority of the total member number. Membership of those who do not take part in the meetings consecutively three times without any excuse shall be withdrawn. Duties and Authorities of Board of Directors Article 28- Followings are the duties and authorities of the Board of Directors: a) Protection of the common interests of authors of intellectual and artistic works and related rightholders, taking the necessary steps for the administration and pursuit of their rights and applying to related authorities in case of any intrusion to their rights, b) Commissioning and discharging the Secretary General and the personnel who will work at the headquarters and branch offices, and determining their employee personal rights, fees social rights and working principles and the procedures and principles regarding other matters, c) Preparing the budget and submitting it to the general assembly, d) Preparing the amendments and recommendations of bylaws of the association and presenting it to the general assembly, e) Preparing the tariffs regarding to association share to be taken from the compensations and copyright fees to be collected by the association and their type of use, and presenting them to the general assembly, f) In case of a conflict when there is more than one rightholder on a work, performance, recording and publication regulating the share directive and presenting it to the general assembly, g) Deciding on the applications of principle, beneficiary and candidate memberships, h) Preparing the directives on running and functioning of the headquarters and branch offices, and pursuit of rights and presenting it to the general assembly. i) Preparing the types of contracts required for the rights that the association will pursue and those types of contracts that the authors of work, performance, recordings and publications will sign with the concerned authorities for the benefit of these authors. j) Sending one copies of the resolutions of general assembly and reports of inspection board to the Ministry three days after submitting them to the board of directors, k) Cooperation with the Ministry in terms of the purpose of establishment; notifying the activities to be realised by its societies to the Ministry, l) Determining the association representatives to be charged in the commission that will be established in accordance with the Article 81 of the Law, m) Exercising the power to complaint envisaged in the Article 75 of Law in case of violation of the rights of members, n) Realising the other duties given by the legislation and the bylaws of the association. Representation of the Association Article 29- Societies shall be represented by the chairman of the board of directors. The power of representation may be transferred to a member or more than one member through the decision of the board of directors when it is necessary. During the pursuit of rights and relations of the association with the state institutions and organisations and with the third parties, power to sign may be given to the secretary general and senior officers of the branch offices through the decision of the board of directors. Inspection Board Article 30- The Inspection board shall be consisted of at least three members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of inspection commission. It shall elect a chairman among the associate members within three days after the election. Duties of the Inspection Commission Article 31- Inspection board shall inspect the accounts and works of board of directors in accordance with the principles and procedures with the intervals not exceeding six months. It submits the results of inspections to the board of directors in the reports that it will prepare and to the general assembly in the reports of two years. Inspection board also sends a copy of these reports to the Ministry. Technical-Scientific Board Article 32- The Technical-Scientific Board shall be consisted of at least three members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of The Technical-Scientific Board. It shall elect a chairman among its associate members within three days after the election. Duties of the Technical-Scientific Board Article 33- The Technical-scientific board shall be charged with conducting studies and researches that are falling into the expertise field of the professional association, making suggestions to the related boards, preparing reports on the subjects that are required to be studied by the board of directors, sending one copies of these reports to the board of directors and the inspection board and carrying out the other duties stated in the association bylaws. When it is considered to be necessary by the chairman of the board or the board itself, representatives of the institutions or organizations or the persons related with the subject may be called to the meetings of the board in order to benefit from their knowledge. The Disciplinary board Article 34- The Disciplinary board shall be consisted of at least three members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of the disciplinary board. The board shall elect a chairman among the associate members within three days after the election. Duties of the Disciplinary Board Article 35- The disciplinary board shall be charged with the implementation of the disciplinary directive. It is prepared by the disciplinary board, examined by the board of directors and accepted by the general assembly. The penalty of exclusion from the membership provided for in this bylaw and the other disciplinary actions shall be given by the disciplinary board. The federation may object to boards of discipline about the decisions of boards of disciplines of the association within seven days. For those decisions of disciplinary board which are not objected may bring into action. Notification of those Elected for the Organs of the Association Article 36- Names and surnames, names of fathers, place of births, date of births, occupations and residences of principle and reserve members elected to the organs of the association shall be notified in writing to the Ministry and the office of the governor by the chairman of the board of directors, and they are also notified to the Ministry of Interior by the office of the governor. Branch Offices and the Central Directorate Article 37- In line with the needs, societies may open branch offices through the recommendation of board of directors and the decision of the general assembly. Branch offices shall provide the connection among members in their respective regions and their connections with the central directorate. The personnel to be charged in the branch offices are in the statute of personnel of association. Societies may also establish a central directorate related to the secretary general. Central directorate shall be established upon the recommendation of the board of directors and the decision of the general assembly. The amount of the fees and the number of the personnel to be commissioned here shall be determined by the decision of the General Assembly.
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.
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.
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.
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 may be involved in the general assembly through voting.
Candidate members
Article 14- Those persons stated in paragraph (d) of Article 12 may be candidate members to the association for six months as stated in the same paragraph. They shall not vote in the general assembly, or take part in the administrative organs, however they may become members after six months upon the resolution of the board of directors.
Application for and Acceptance of Membership
Article 15- Real and legal persons wanting to become members shall apply to the association to which they wish to become members in writing. Those who comply with the qualifications and criteria foreseen in the Law, the by-laws and the by-laws of the association to which they apply shall be accepted as members. The applications shall be resolved by the board of directors and shall be notified to the relevant person in writing within thirty days following the date of application.
Those, who are accepted to membership, shall be recorded by number of sequence in books kept separately for associate, beneficiary and candidate members.
Membership disputes
Article 16- Disputes among societies about which association the applicant may be a member to shall be settled by the federation established in the field. Should there be no federation in this field, the issue shall be settled by the Ministry. Membership disputes between the societies and their members shall be settled in the general assembly of the association.
Cessation of membership and dissolution of relations
Article 17- Membership shall be terminated upon death, termination of legal personality, withdrawal from membership or expelling from membership. In this case, the membership record shall be erased from the book and an explanation be made by the decision of the board of directors.
The reciprocal obligations of those, the memberships of which have been terminated, and the association for a period of one year following the end of validity of the final authorization certificate.
Withdrawal from membership
Article 18- Members may request to withdraw from their membership to the association by an application in writing. Membership shall be terminated upon such application.
Expulsion from Membership and objection
Article 19- Associate, beneficiary and candidate members shall be expelled from membership under the following circumstances by the proposal of the board of directors and the decision of the disciplinary board:
a) Preventing the work and purpose of the association by intentional acts and conduct.
b) Failure to pay the membership fee for one year despite a written warning.
c) avoiding the sound operation of the association through some intentioanal actions
d) not ro give the membership fee throuht the year in spite of a written warning
e) Continuing acts in contradiction with the authorization certificate despite a written warning.
f) For associate members, not to participate in the meeting of the general assembly consecutively three times without presenting any excuse.
Decision of exclusion shall be notified within seven days by notary public.
PART THREE
Organs of the Association
Article 20- Followings are the compulsory organs of the association:
a) General assembly
b) Board of Directors
c) Inspection board
d) Technical-scientific Board
e) Disciplinary board
Societies may also form optional organs on condition that it is shown on their bylaws.
General assembly
Article 21- The General assembly consists of associate members of the societies.
Duties and Authorities of the General assembly
Article 22- Duties and authorities of the general assembly are shown below.
a) Selecting principle and candidate members of the board of directors, inspection board, technical-scientific board and disciplinary board.
b) Deciding on joining into federation and selecting representatives to join in general assembly of the federation.
c) Settling conflicts related with the type of membership.
d) Negotiating and coming to an agreement on draft budget.
e) Examining and agreeing on reports envisaged by boards.
f) Examining and presenting accounts of the Board of directors.
g) Agreeing on opening or closing of central directorate and branch offices.
h) Buying, selling real assets and entitle the board of directors for the establishment of real rights on them
i) Deciding on recommendations on amendment in association bylaws and directive.
j) Determining the amount of initial membership fees and yearly subscription fees, and the share of association to be taken from the fees and compensations to be collected.
k) Deciding on societies’ joining into international organizations having the same purpose or its cooperation with them.
l) Negotiating and deciding on the matters that the board of directors have wanted to be examined in the general assembly.
m) Determining the criteria regarding with the qualities of membership.
n) Determining the measures related with the use of the works, performances, recordings and publications without permission.
o) Executing other duties given by the legislation and bylaws of the association.
Meeting of the General Assembly
Article 23- The ordinary meeting of the general assembly is realised in the city centre where the headquarters exists which is determined by the bylaws of the association until the end of March once in two years.
The meeting invitation of the general assembly is made by the board of directors. Upon its being considered as necessary by the board of directors or inspection board, or upon the written request of the 1/5 of the associate members of the association the general assembly meets extraordinarily.
Despite written request of 1/5 of inspection board or associate members of association if the board of directors does not call the general assembly for an extraordinary meeting within 30 days from the date it received the written demand, the Ministry shall entitle the associate members in the equal number of the board of directors to call the general assembly to extraordinary meeting upon the application of inspection board or members demanded the meeting.
Invitation of the general assembly to the meeting
Article 24- The meeting of the general assembly is announced to members of general assembly through a list on which the date, hour and the agenda of the meeting, or the second meeting to be held when the required quorum is not provided for the first one, and names of the members to participate in the meeting are written. The written notice for meeting should be mailed under registered cover at least 30 days before the meeting or should be delivered by hand to the members in return for the signature of the receiver.
The place, date, hour and agenda of the meeting shall be notified to the office of the governor and the Ministry in writing at least 15 days before the date of meeting. The list of the members to take part in the meeting shall also be added to this writing. The Ministry shall entitle a commissioner in the meeting.
Quorum and the Procedure of the Meeting
Article 25- General assembly shall convene in the presence of members one more than half of the numbers of total numbers of the members of the general assembly. If the quorum is not provided in the first meeting, the majority is not sought in the second meeting. However, to be able to held the second meeting the number of the members taking part in the meeting should not be less than the total of the numbers of the associate members of board of directors, inspection board and disciplinary board.
Decisions are taken by the majority of the attendants.
Members of the general assembly may vote by giving a power of attorney certified by the public notary to the other members. Each member may be the proxy of only one member. Members of board of directors and inspection board cannot be represented by proxy and they also cannot represent any other member as a proxy.
Members take part in the meeting by signing across their names on the list of general assembly prepared by board of directors. The meeting shall be called to order by the chairman of the board of directors or by a member of board of directors entitled by the Chairman upon it is determined by a minutes that the quorum has been provided.
Absence of the commissioner does not necessitate the postponement of the meeting. After opening session, in order to administer the meeting a chairman, if necessary, deputy chairmen in required numbers and at least two clerks are elected. The meeting is administered by chairman of the board of directors or the vice chairman charged by the chairman. The minutes of the meeting are prepared by the clerks. It is signed by the chairman, deputy chairman and the clerks, and given to the board of directors. Only the subjects taking place in the agenda are negotiated during the meeting of general assembly. However, through recommendation of at least 1/10 of members existing in the meeting and the decision of the board of directors, a new item may be added to the agenda.
Board of Directors
Article 26- The board of directors shall be consisted of at least five members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of board of directors.
The board of directors elects a chairman, a vice chairman and an accountant member among associate members in three days following the election.
The board meets at least once in a month at the request of the vice chairman in the absence of the chairman.
The Number of Meetings and Quorum of the Board of Directors
Article 27- The board of directors meets with at least three members: decisions are taken by the absolute majority of the total member number. Membership of those who do not take part in the meetings consecutively three times without any excuse shall be withdrawn.
Duties and Authorities of Board of Directors
Article 28- Followings are the duties and authorities of the Board of Directors:
a) Protection of the common interests of authors of intellectual and artistic works and related rightholders, taking the necessary steps for the administration and pursuit of their rights and applying to related authorities in case of any intrusion to their rights,
b) Commissioning and discharging the Secretary General and the personnel who will work at the headquarters and branch offices, and determining their employee personal rights, fees social rights and working principles and the procedures and principles regarding other matters,
c) Preparing the budget and submitting it to the general assembly,
d) Preparing the amendments and recommendations of bylaws of the association and presenting it to the general assembly,
e) Preparing the tariffs regarding to association share to be taken from the compensations and copyright fees to be collected by the association and their type of use, and presenting them to the general assembly,
f) In case of a conflict when there is more than one rightholder on a work, performance, recording and publication regulating the share directive and presenting it to the general assembly,
g) Deciding on the applications of principle, beneficiary and candidate memberships,
h) Preparing the directives on running and functioning of the headquarters and branch offices, and pursuit of rights and presenting it to the general assembly.
i) Preparing the types of contracts required for the rights that the association will pursue and those types of contracts that the authors of work, performance, recordings and publications will sign with the concerned authorities for the benefit of these authors.
j) Sending one copies of the resolutions of general assembly and reports of inspection board to the Ministry three days after submitting them to the board of directors,
k) Cooperation with the Ministry in terms of the purpose of establishment; notifying the activities to be realised by its societies to the Ministry,
l) Determining the association representatives to be charged in the commission that will be established in accordance with the Article 81 of the Law,
m) Exercising the power to complaint envisaged in the Article 75 of Law in case of violation of the rights of members,
n) Realising the other duties given by the legislation and the bylaws of the association.
Representation of the Association
Article 29- Societies shall be represented by the chairman of the board of directors.
The power of representation may be transferred to a member or more than one member through the decision of the board of directors when it is necessary.
During the pursuit of rights and relations of the association with the state institutions and organisations and with the third parties, power to sign may be given to the secretary general and senior officers of the branch offices through the decision of the board of directors.
Inspection Board
Article 30- The Inspection board shall be consisted of at least three members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of inspection commission. It shall elect a chairman among the associate members within three days after the election.
Duties of the Inspection Commission
Article 31- Inspection board shall inspect the accounts and works of board of directors in accordance with the principles and procedures with the intervals not exceeding six months. It submits the results of inspections to the board of directors in the reports that it will prepare and to the general assembly in the reports of two years. Inspection board also sends a copy of these reports to the Ministry.
Technical-Scientific Board
Article 32- The Technical-Scientific Board shall be consisted of at least three members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of The Technical-Scientific Board. It shall elect a chairman among its associate members within three days after the election.
Duties of the Technical-Scientific Board
Article 33- The Technical-scientific board shall be charged with conducting studies and researches that are falling into the expertise field of the professional association, making suggestions to the related boards, preparing reports on the subjects that are required to be studied by the board of directors, sending one copies of these reports to the board of directors and the inspection board and carrying out the other duties stated in the association bylaws.
When it is considered to be necessary by the chairman of the board or the board itself, representatives of the institutions or organizations or the persons related with the subject may be called to the meetings of the board in order to benefit from their knowledge.
The Disciplinary board
Article 34- The Disciplinary board shall be consisted of at least three members elected by secret ballot among the associate members by the general assembly for two years term. Also, reserve members shall be elected in equal number of members of the disciplinary board. The board shall elect a chairman among the associate members within three days after the election.
Duties of the Disciplinary Board
Article 35- The disciplinary board shall be charged with the implementation of the disciplinary directive. It is prepared by the disciplinary board, examined by the board of directors and accepted by the general assembly.
The penalty of exclusion from the membership provided for in this bylaw and the other disciplinary actions shall be given by the disciplinary board.
The federation may object to boards of discipline about the decisions of boards of disciplines of the association within seven days.
For those decisions of disciplinary board which are not objected may bring into action.
Notification of those Elected for the Organs of the Association
Article 36- Names and surnames, names of fathers, place of births, date of births, occupations and residences of principle and reserve members elected to the organs of the association shall be notified in writing to the Ministry and the office of the governor by the chairman of the board of directors, and they are also notified to the Ministry of Interior by the office of the governor.
Branch Offices and the Central Directorate
Article 37- In line with the needs, societies may open branch offices through the recommendation of board of directors and the decision of the general assembly. Branch offices shall provide the connection among members in their respective regions and their connections with the central directorate.
The personnel to be charged in the branch offices are in the statute of personnel of association.
Societies may also establish a central directorate related to the secretary general. Central directorate shall be established upon the recommendation of the board of directors and the decision of the general assembly. The amount of the fees and the number of the personnel to be commissioned here shall be determined by the decision of the General Assembly.