TURKISH CINEMATOGRAPHIC WORK OWNERS PROFESSIONAL ASSOCIATION
(TÜRKİYE SİNEMA ESERİ SAHİPLERİ MESLEK BİRLİĞİ/SESAM)
Name, center and field of activity of the Association
Article 1- A professional Association has been founded under the name of Türkiye Sinema Eseri Sahipleri Meslek Birliği (Turkish Cinematographic Work Owners Professional Association) headquartered in Istanbul in line with the provisions of the Bylaw prepared according to
“Article No 42 of Intellectual and Artistic Works Law No. 5846 amended with Law No. 2936”, approved thorough the Council of Ministers and entered into force upon publication in Official Gazette.
This Professional Association operates in the field of Cinematographic Work Owners pursuant to Article 7 of the Legislation Regarding Professional Associations and Federations Associated with Owners of Intellectual and Artistic Works and Related Right Owners.”
Article 2- According to this Bylaw,
- Ministry: denotes Ministry of Culture and Tourism
- Federation: denotes supreme entities of Associations related to owners of intellectual and artistic works and related right owners established in accordance with the provisions of the Law and the Bylaw,
- Professional Association (Association): denotes Türkiye Sinema Eseri Sahipleri Meslek Birliği (Turkish Cinematographic Work Owners Professional Association)
- Law: denotes Intellectual and Artistic Works Law No. 5846 dated 05.12.1951
- Bylaw: denotes the Bylaw Regarding Professional Associations and Federations Associated with Owners of Intellectual and Artistic Works and Related Right Owners,
- Owner of the Work: denotes the real person who has produced the work,
(The owners of the film works which have been produced prior to the date of 06.12.1995 when the Cinema Law No. 4110 entered into force are considered as the owner of the work regardless of their being real or legal person according to Additional Art. 2 of Intellectual and Artistic Works Law.)
- Owner of the financial rights: denotes the owner of the work and the real or legal persons who have taken over the usage powers of the financial rights within the framework of the Article 48 of the law.
Purpose of the Association
Article 3- Purpose of Türkiye Sinema Eseri Sahipleri Meslek Birliği (Turkish Cinematographic Work Owners Professional Association) is as follows: to protect and safeguard the common interests, maintain the rights of all kinds of films with “visual” and “audiovisual” presentations, cinematographic works, cinema, video and TV films , computer and internet environment films, serial films, tutorial, technical, scientific, entertainment and animated films, short and feature films, cinematographic commercial films and/or clips, current films, and all kinds of works which are considered to be “cinema works” or “cinematographic works ” according to the law and/or of financial entities irrespective of the material by which they are recorded, including those which can be shown or watched by electronic or mechanical or similar and other means and in brief any work recorded or to be recorded to any kind of transfer environment and recording format such as film band, video tape, disk, floppy disk, video cd, laser disk, digital recording, computer media, (etc.) and by which techniques they are presented and to carry out the management of the, collect the compensation and the royalties to be collected and distribute them to the right to owners.
Establishment of the Association
Article 4- This Association which has applied to the Ministry by fulfilling the prescribed conditions in Article 8 of the Bylaw will be able to operate by the permission given through the Ministry in accordance with the cited article.
In cases where the legal status of the Bylaw and establishers of the Association are found to be incompatible with the laws or deficient in the establishment statement and its annexes by the Ministry, the Association shall remove such irregularities or defects within 30 days as from the date of notification. Otherwise, a lawsuit is filed according to general provisions for termination of the Association.
Provisional Board of Directors
Article 5 – The interim board of directors shall carry out the affairs of the Association and represent the Association until the formation of the Association bodies. It also will set criteria for membership qualifications.
The provisional board of directors may use the authorities granted to the general assembly as required by the works.
Article 6- This Association has been established in accordance with the Type Status in line with Article No 42 of Intellectual and Artistic Works Law No. 5846 amended with Law No. 2936 prepared by the Ministry and approved by the Council of Ministers and has been given legal entity by giving the establishment state to which its Bylaw is added to the Ministry.
The Association will maintain its legal entity by giving the Bylaw which has been rearranged in accordance with Type Statute -prepared by the Ministry by the Law No. 4630 which has entered into force on March 3, 2001 and the amendment made in the current Article 42 which has entered into force by being published in the Official Gazette dated 30.01.2003 and numbered 25009 within 6 months as from the entry into force of the Type Statute.
The first general assembly of the Association
Article 7 – The Association is obliged to make the first general assembly thereof and created its bodies within six months from the date of application to the Ministry and at the latest from the date of being granted the permission of operation.
A lawsuit will be filed for termination of the Association according to the general provisions of the Ministry if this obligation is not complied with.
Permanent members in the number of minimum founding members stipulated in the Bylaw must be present at the meeting in order to hold the first general assembly.
Representation of members and follow-up of rights
Article 8 – The Association is authorized within the framework of rights transferred by its members in its relation with public institutions and organizations, real persons and private legal entities and in following the rights of the work owners and the rights of the financial right owners registered to the Association. The owners of the works may individually follow their rights which are not transferred to the Association. The rights of the owners of the works cannot be followed by the Associations, unions and similar organizations other than the ones established in accordance with the Bylaw within the country.
Follow-up of Works
Article 9 – The Association is obliged to follow-up the use of ideas and works of art belonging to its members and to take necessary steps and measures for those who use without permission.
Activities of the Association
Article 10 – The Association may carry out the following within the framework of the Bylaw, in order to achieve its purpose:
- To manage, monitor and protect the rights of its members before all kinds of institutions and organizations and resort to administrative and judicial means.
- To ensure the collection of the fees and compensations arising from the use of the works of the members,
- To establish administrative and professional relations with local and foreign public institutions and organizations as well as real and private legal entities,
- To make professional publications and open courses related to the fields of activities of its members as well as to those who are not members,
- To establish social facilities for its members, open clubhouses for them and operate them,
- To set up a charity fund for members and carry out other social services,
- To check the use of the copies of the works of its members for commercial purposes and take necessary measures,
- To make agreements as regards the use of the works of its members as well as works as regards enforcement thereof and resolution of disputes and make cooperation with other occupational Associations,
- Other activities to be held according to the features of the Professional Association:
- To act as referee in disputes between owners of cinema works and/or financial right owners or between them and third parties,
- To act as expert in matters related to Cinema Works,
- Sesam can open economic enterprises.
- Sesam can make feature films, documentary films, short films, commercial films and television series. Sesam can build and establish studios and live stages.
- Sesam can open workshops to train qualified artists (as well as directors, filmmakers, cameramen, screenwriters and actors) under the leadership of master actors
- Sesam will open nursing homes with the income it obtains from the events and the activities that performed thereby and establish an aid fund for needy artists from the support cash-box and provide social services to the members thereof.
Founders of the professional Association
Article 11 – The names and surnames, place of birth, date of birth, professions or arts, nationalities, place of residences, birth certificate copies, trade register and tax numbers for legal persons of the founders in the number stipulated by the Bylaw and their signed statements indicating that they are qualified of being a permanent member to the Association have been presented to the Ministry in accordance with Article 42 of Law no 5846 amended by law no 2936.
Membership to the Association
Rights and obligations of members
Article 12- Anyone with qualifications stipulated in the Bylaw may become a member of the Association. Members have equal rights save for the restrictions stipulated in Articles 13 and 14 of the Bylaw. No one can be forced to become a member of the Association or continue to become a member of the Association. Legal persons must be established according to the Turkish laws so as to become a member of the Association. Those who become a member of this Association cannot become members of another Association performing activities in the same field in accordance with the Bylaw. The owners of the works or the filmmakers who have made the first recording of the films can become members of different Associations depending upon the types of the films.
Members are obliged to pay the entrance fee and the annual fee determined by the general assembly.
Types of Membership
Article 13 – There are two types of members as permanent members and beneficiary members.
Article 14- In order to become a member of the Association, it is necessary to have the following qualifications.
- Being an owner of the work, real person or legal person for the film productions made before 1995,
- Being qualified for exercising civil rights,
- Having the criteria set forth by the Association,
Article 15- Beneficiary members must have the following qualifications
- Persons who do not produce the work but who have the right to exercise the financial rights of the work by inheritance, transfer of acquirement, or directly,
- Parents or guardians on behalf of those who do not have the capacity to use civil rights.
Beneficiary members cannot work in Association bodies and they may participate in the general assembly provided they do not use votes.
Membership application and acceptance
Article 16 – The real and legal people who want to become members apply in writing to the Professional Association. Those who bear the qualifications and criteria stipulated in the Legislation and the Association’s Bylaw and in laws shall be accepted as members.
Applications are evaluated by the board and notified to the relevant person in writing within thirty days from the application date.
Names of those admitted to membership are written in the books kept separately for permanent members and beneficiary members with sequence number.
Disputes as to Membership
Article 17 – The disputes that will arise among Associations to determine to which Association the applicant will be a member will be settled by the Federation, which is established in the field of cinema works.
If there is no federation established in this field, the dispute will be resolved by the decision of the Ministry of Culture. Disputes concerning membership between the Association and its members shall be resolved at the General Assembly of the Professional Association.
Termination of membership and liquidation of relations
Article 18 – Membership is terminated by death, termination of legal entity, withdrawal from membership or removal from membership. In this case, the membership registration is deleted from the book by also being announced by the decision of the board of directors.
The mutual obligations of those whose memberships are terminated and the Association shall continue for one year as from the expiry of the last of the authorization documents.
Withdrawal from membership
Article 19 – Members may request to withdraw from membership of the Association by written application.
Membership is terminated upon this application.
Removal of membership and appeal
Article 20 – Permanent and beneficiary members shall be removed from membership by the recommendation of the board and the decision of Board of Discipline in the following cases.
- If they prevent the Association from functioning and achieving its purposes with their intentional actions and behaviors,
- If they do not pay membership fee for one year despite written warning
- If they continue acting against the authority document despite the written warning,
- If permanent members do not attend three consecutive general assembly meetings without excuse
The decision of dismissal shall be notified to the concerned person within seven days via notary public.
Bodies of the Professional Association
Bodies of the Association
Article 21 – The mandatory bodies of the Association are as follows:
- General Assembly
- Board of Directors
- Board of Supervisors
- Technical-Scientific Board
- Board of Discipline
Optional bodies can be formed by the decision of the General Assembly in accordance with the needs of the Association.
Article 22 – The general assembly consists of the original membership of the Association.
Duties and authorities of the general assembly
Article 23 – The duties and authorities of the general assembly are specified below.
- To choose the permanent and substitute members of the board of directors, the board of supervisors, technical-scientific board and board of discipline
- To take a decision to join the Federation and to select representatives to participate in the federation’s general assembly,
- To take a decision for disputes related to membership
- To discuss budge plan and make a decision,
- To review reports submitted by boards and release them,
- To review accounts of the board of directors and release them,
- To decide whether to open or close central directorate and branches,
- To buy and sell immovable to authorize the board of directors to establish rights-in-kind thereon,
- To decide change recommendations and directive proposals of the Association’s Bylaw,
- Determining the share of the Association from the entrance and annual fee and the amount to be collected from remunerations and compensations,
- To decide on the subjects as regards the Association’s participation in international organizations with the same purpose and make cooperation therewith,
- To discuss the issues that the board recommends to be examined in the general assembly,
- To determine criteria for membership qualifications
- To determine the measures for unauthorized use of the works,
- To perform other duties assigned by legislation and to the Association’s,
Provisions to be applied in the general assembly
Article 24 – The provisions of Article 23 titled ”Meeting of the General Assembly”, Article 24 titled “Convocation of the General Assembly” and Article 25 titled ” Meeting quorum and method of holding the General Assembly” shall also apply for this Association.
Board of Directors
Article 25 – The board of directors shall consist of at least five members elected by secret ballot for two years among the permanent members of the general assembly. In addition, substitute members are selected in the number of permanent members.
The board of directors elects a president, a vice president and an accountant among the permanent members within three days following the election.
The Board shall convene at least once a month upon the announcement of the vice chairman in the absence of the chairman.
Quorum for board meetings and taking resolutions
Article 26 – The board meets with at least three members and resolutions are taken by absolute majority of the total number of the members. Membership of a member of the board of directors who does not attend three meetings without any excuse is terminated.
Duties and authorities of the board of directors
Article 27 – The duties and authorities of the board of directors are specified below.
- To protect the common interests of the owners of the works, make the works necessary for the management and follow-up of their rights and to apply to the relevant authorities
in case of violation of members’ rights,
- To appoint the secretary general and the persons who will work in the head office and branches, end their works , determine the procedures and principles related to their personal rights, wages, social rights and similar issues such as working,
- To prepare the budget and present it to the general assembly,
- To prepare proposals for amendments in the Association’s Bylaw and present them to the general assembly,
- To prepare tariffs related to the share of the Association to be deducted from the compensation and royalties to be collected together and their usage styles and present them to the general assembly,
- To arrange the sharing directive for the distribution of wages f a work has more than one right owner and in case of disagreement and present it to the general assembly,
- To decide about the applications for membership and beneficary membership,
- To prepare and submit any and all directives concerning the operation and functioning of the Center and its branches to the General Assembly and following up of the rights ,
- To decide about the applications for permanent membership and beneficary membership,
- To prepare and submit any and all directives concerning the operation and functioning of the Center and its branches to the General Assembly and following up of the rights,
- To prepare agreement types required for the rights to be followed by the Association and prepare the agreement types to help the right owners and/or their financial right owners and submit them to the General Assembly,
- To send a copy of the General Assembly resolutions and audit committee reports to the Ministry within three days following the issuance thereof to the board,
- To make cooperation on issues related to establishment purpose with the Ministry and inform the Ministry as regards the events be held by the Association,
- To determine the Association representatives who will work in the Commission to be established pursuant to Article 81 of the Law,
- To use the power of complaint prescribed in Article 75 of the Law in case of violation of the rights of members ,
- To perform other works stipulated by Legislation and the Association’s Bylaw
Representation of the Association
Article 28 – The Association is represented by the chairman of the board.
Representation power may be transferred to one or more of the members by a board decision if necessary.
In follow-up of the rights, the Association may give the authority of signing by the decision of the board of directors to the general secretariat and the highest officer of the branches in relations with the public institutions and organizations and third persons.
Board of Supervisors
Article 29 – The Board of Supervisors shall consist of at least three members elected by secret ballot for two years among the ordinary members of the general assembly. In addition, substitute members are selected in the number of the permanent members. The Board of Supervisors elects a president among permanent members within three days following the election.
Duties of the Board of Supervisors
Article 30 – The Board of Supervisors shall supervise the accounts and transactions of the board of directors as stated in principles and methods specified in the Association’s Bylaw at intervals not exceeding six months and shall submit reports as to the results to the executive board and to the general assembly with the two-year reports . The Board of Supervisors also sends a copy of its report to the Ministry of Culture.
Article 31- The technical-scientific board shall consist of at least three members elected by secret ballot for two years among the permanent members of the general assembly. In addition, substitute members are selected in the number of the permanent members. The technical-scientific board elects a president among permanent members within three days following the election.
Article 32 – Technical-scientific board is assigned to research and investigate the issues that fall within the expertise area of the Professional Association, make recommendations to relevant boards, issue reports on issues to be examined by the Board of Directors, give a copy of them to the board, give a copy of them to the supervisory board, to perform other tasks specified in the Association’s Bylaw.
If it is deemed necessary by the chairman or the board of directors, representative of the relevant institutions and organizations or the persons concerned may be called to the meetings of the board to receive information and opinions.
The Board of Discipline
Article 33 – The Board of Discipline consists of at least three members elected by secret ballot for two years among the ordinary members of the general assembly. In addition, substitute members are selected in the number of the permanent members. The board elects a president among permanent members within three days following the election.
Duties of the Board of Discipline
Article 34- The Board of Discipline is assigned for implementing disciplinary directive. The disciplinary directive is prepared by the Board of Discipline, reviewed by the board of directors and accepted by the general assembly.
The Board of Discipline gives the decisions of removal from membership in cases stipulated in the Bylaw of the Association punishment as well as the punishments stipulated in the discipline directive.
The Association may appeal against the Board of Discipline of the federation against the decisions of the Board of Discipline within seven days.
The decisions of the Board of Discipline which are not objected can be reported to courts.
Notification of the elected bodies of the Association
Article 35 – The names and surnames, father’s name, place of birth, date of birth, professions and place of residences of the permanent members and substitute members elected to the bodies of the Association will be notified within seven days following the election by the board to the Ministry of Culture and Governorship in writing and by the Governorship in writing to the Ministry of Internal Affairs .
Central directorate and branches
Article 36 – Association, if needed, may open a branch by the recommendation of the board of directors and the decision of the general assembly. Branches provide a link between the members of their territory and the central office of the Association.
Personnel to be employed in the branches are in the status of Association personnel.
The Association may also establish a central office affiliated to the general secretariat. The head office is established by the recommendation of the board of directors and by the decision of the general assembly. The number and the wages of the personnel to be employed here are determined by the decision of the general assembly.
Article 37 – The first account day of the Association begins on the day that this Association is established. The account day ends upon general assembly’s accepting the budget.
The accounting period of the Association is a calendar year to begin on the first day of January.
Revenues of the professional association
Article 38 – Revenues of the professional association are shown below.
- Entrance fees and annual payments to be received from the members,
- Association shares to be deducted from financial rights and followed up on behalf of the members which will be collected,
- Publication revenues,
- Association shares to be deducted from compensation fees which will be collected by the Association,
- Income from donations and death-related savings,
- Interest, Treasury Bills and Government bond income,
- Other income
Document of authorization
Article 39 – The follow up of the financial rights of the members specified in the document of authorization and collection and distribution of the fees and/costs is made by the Association.
- To this end, members will give a document of authorization to the Association, within the framework of Article 20 of the Law and the Bylaw issued by the Ministry in accordance with amended Article 80. This document of authorization grants express authorization for follow-up of the financial rights of the members before the judicial authorities and the enforcement offices and implementation of the legal requirements.
Criteria to be considered in the agreements
Article 40 – The Association will consider the following criteria while making agreements as to use of the works and tariffs within the framework of the authorization documents it has received:
- Continuity in the transmission of the works to public in a widespread way,
- Taking into consideration national and international applications and determination of the fee to be paid for the use of the work in publications at a reasonable level,
- Not to created conditions to prevent competition,
- Broadcasting organization’s broadcasting area (national, regional local) and number of viewers,
- Usage frequency of work,
- Market rate,
- Fee per every work used
- Flat fee
- Fee per second and minute
In addition, factors such as the cost elements of the films, the richness of the actors, whether the films are awarded or can be included in the evaluation. In agreements to be made with the related field professional associations in view of the above criteria, the principles and procedures of sharing between the places where the payments are made and the professional associations are indicated.
Resolution of Disputes
Article 41 – In agreements made between the Association and the broadcasting organization, disputes arising from the implementation of the agreement between the parties may be planned to be solved through arbitration or through a reconciliation board to be formed.
Article 42 – The fees collected by the Association are collected four times a year after the share of the Association is deducted, and paid to the rights holders within fifteen days after collection amounts the share of the Association are deducted.
Fees and payment plans for the distribution of indemnity shall be notified to the Ministry in three-month periods.
Payments to be made to board members and officials are as follows:
Article 43 – The members who participate in the management, surveillance, technical-science and Boards of Discipline shall have the right to receive attendance fee in addition to travel fee and daily wages for members coming from outside the headquarters for each meeting day based on the report to be issued at the end of the meetings.
The amount of attendance fee, travel fee and daily wages are determined by the decision of the general assembly.
Termination of Legal Entity of Association
Termination, to be considered as self- dissolution and liquidation
Article 44 – The provisions of Article 43 titled “Termination by the decision of the General Assembly”, Article 44 titled “To be considered as self- dissolution” and Article 45 titled “Liquidation” shall apply also to this Association.
Books and records
Article 45 – The Association has to keep the books specified below.
- Book of permanent members,
- Book of beneficiary members,
- Decision book of Board of directors,
- Book of incoming and outgoing paper books,
- Book of incomes and expenses,
- Books of budget, final account and balance sheet,
- Book fixed assets
The board of directors may decide for keeping other books and records required by the Association’s activities and services.
It is imperative that the books have order number and they are approved and notarized.
Giving a copy of the works to the Association
Article 46 – Members of the Association shall be obliged to give a copy of records of the works and film, management of rights of which they have given, to the Association for the archives to be established in line with the statement prepared by the Association.
The Association shall cooperate with the public legal corporations and private legal entities operating in its field for the archives to be established.
Relations with international organizations
Article 47 – The Association may make cooperation with real and private legal entities and institutions with the same purpose as well as public institutions and organizations abroad. The protocols to be made as a result of this cooperation are informed to the Ministry of Culture.
The membership of the Association to international professional Associations depends on the permission given in the relevant Legislation.
Supervision of the Ministry
Article 48 – The Association is subject to the supervision of the Ministry in terms of administrative and financial issued. The administration places, branches and all kinds of attachments of the Association as well as books, accounts and transactions of the Association can be supervised by the Ministry at any time.
All kinds of books, documents and writings to be requested by those who are assigned to carry out the inspection during the inspection process shall be shown or given by the authorities of the Association mandatorily while enabling controls of safes and pay desk, requests to enter administrative offices, branches and their attachments are also obligatory.
In case of irregularities in the proceedings, in detection of the crime of forgery or misconduct, , the public prosecutor of informed about the crime.
The final result of the audit shall be communicated to the Association by the Ministry.
Supervisor of the Ministry
Article 49 – The Ministry may assign a representative as supervisor in general meetings of the Association.
Article 50 – In cases where there is no provision in this Bylaw of the Association , the provisions of the Legislation shall apply.
Article 51 – This Bylaw shall enter into force on the date of its acceptance in the General Assembly. 28/10/2016
TURKISH CINEMATOGRAPHIC WORK OWNERS PROFESSIONAL ASSOCIATION
ERGENEKON ST. AHMETBEY PLAZA NO: 10 K:7
PANGALTI – ŞİŞLİ / İSTANBUL
Tel: 0212 – 247 57 08
Fax: 0212 – 247 57 03
E-Mail : email@example.com