WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TUR/C/3
17 July 2000
(00-2918)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROP ERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
TURKEY
The present document reproduces the text
1 of the following laws and regulations, as notified by Turkey
under Article 63.2 of the Agreement (see document IP/N/1/TUR/2):
Page
- Statute on the Professional Unions and Federation of the Authors and Owners of the Neighbouring
Rights2
- Regulations on Neighbouring Rights to the Authors of Works 28
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TURQUIE
Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par la Turquie au titre
de l'article 63:2 de l'Accord (voir le document IP/N/1/TUR/2):
Page
- Loi sur les associations et fédérations professionnelles d'auteurs et de titulaires de droits voisins 2- Règlement sur les droits voisins afférents aux auteurs d'œuvres 28
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TURQUÍA
En el presente documento se reproduce el texto
1 de las siguientes leyes y reglamentos que Turquía notificó
de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TUR/2):
Página
- Estatutos de las uniones profesionales y la federación de autores y de titulares de derechos conexos 2- Reglamentación de los derechos conexos al derecho de autor 28
                                                     
1 In English only.  The texts in the original language are available for consultation by interested Delegations at the WTO
Secretariat./En anglais seulement.  Les délégations intéressées peuvent consulter les textes dans leur langue d'origine, au Sec rétariat de
l'OMC./En inglés solamente.  Las delegaciones interesadas podrán consultar en la Secretaría de la OMC los textos en su idioma o riginal.IP/N/1/TUR/C/3
Page 2
STATUE ON THE PROFESSIONAL UNIONS and
FEDERATION of the AUTHORS and OWNERS of
NEIGHBORING RIGHTS
PART ONE
General Provisions
Article 1- Purpose and Scope
These Regulations cover the establishment of the professional associations and federations
for intellectual, artistic and adjacent rights, their functions, revenues, auditing, admission toand resignation and dismissal from membership, procedure for the distribution of indemnitiesand profit distribution to the intellectual, artistic and adjacent right owners and the details onthe operations of unions and federations.
Article 2 - Definitions
The following terms used herein will denote the meaning indicated across them below:
Ministry The Ministry of Culture.Federation Apex organisations of the intellectual, artistic and adjacent
right owner unions established pursuant to the provisionsof the Law and Regulations..
Unions Unions established pursuant to the provisions of the Law
and Regulations by the intellectual, artistic and adjacentright owners for defending their common interests,collecting indemnities and intellectual rights and distributingthem to the entitlees.
Law Law #5846 dated 5 December 1951 on the Intellectual and
Artistic Works.
Regulations Regulations on the Unions of Intellectual, Artistic and
Adjacent Right Holders and Their Federations.IP/N/1/TUR/C/3
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Work Owner Person producing an intellectual or artistic work.
Adjacent right holder Persons holding rights defined in the article #80 of the Law
adjacent to the rights of the work owners.
Article 3 - Legal Personality
Units and federations will acquire legal personality upon submittal to the Ministry of their
charters of establishment and accompanied by their by-laws conformant to the standardstatutes prepared by the Ministry and approved by the Council of Ministers.
Article 4 - Representation of members and collecting their claims
The unions are authorised within the limits of the rights assigned to them by their members
who are work owners and adjacent right holders in their relations with the public bodies andagencies, physical and legal persons.
 Work owners and adjacent right holders may individually protect and defend their rights
which they may not have assigned to the unions.
The financial rights of work owners and adjacent right holders of Turkish nationality may not
be protected by unions, associations and similar organisations other than those establishedpursuant to the Regulations.
Article 5 - Monitoring of works
The unions are under the obligation of monitoring the use of the copies of the intellectual and
artistic works belonging to their members and to initiate action against illegal use.
Article 6 - Relations with international organisations
The membership of unions and their federations with the international professional
organisations is subject to the approval of the Ministry with the favourable opinions of theMinistries of Interior and Foreign Affairs.IP/N/1/TUR/C/3
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Unions and their federations may cooperate with the public bodies and agencies, physical
and legal persons abroad and inform the Ministry of the protocols they may enter as a resultof such cooperation.
PART TWO
Establishment of Unions
SECTION ONE
Areas of Activity and Establishment of Unions
Article 7 - Purposes and areas of activity of unions
The union are established for the purpose of defending the common interests of work and
adjacent right holders, collecting their indemnities and intellectual right claims and remittingthem to the entitlees.
Following are the areas of activity of the unions:1. Owners of intellectual and artistic work owners
a) Scientific and literary work  owners
b) Owners of musical worksc) Owners of fine arts worksd) Owners of cinematographic workse) Owners of adapted works
2. Adjacent right holders
a) Performing artists
b) Sound carrier producersc) Radio and television organisations
Each subtitle for right and adjacent right holders shown above constitute a separate area.
More than one union may be established in each of these areas.IP/N/1/TUR/C/3
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Article 8 - Establishment of unions
Persons in a number twice those of the board of directors and auditors and technical and
scientific and disciplinary board may, if they have the qualification for membership, apply tothe Ministry to establish an union.
The application will show the name, head office, address, forenames and names, places and
dates of birth, professions, nationalities and residence addresses of the founding members.Will accompany the applications also the copies of their national identity cards, their signed
statement declaring that they have the qualifications for membership and the by-laws inquintuplicate duly signed by all founding members.
The applications will also show the forenames and names and residence addresses of
provisional members of the board of directors as well as the address to which the noticesmay be served.
Any discrepancies and inadequacies determined by the Ministry in the documents so
submitted will be requested in writing to be remedied within a period of thirty days. TheMinistry will establish a lawsuit under the general provisions for cancellation of the unionsthat do not remedy the discrepancies and inadequacies.
Article 9 - Union’s first general assembly meeting
The provisional board of directors will conduct the union’s affairs and represent it and
determine the membership requirements until the constitution of its unions.
The unions are under the obligation to hold their first general assembly meetings and
constitute its organs within a period of six months from the date of application to the Ministry.The Ministry will establish a lawsuit under the general provisions for cancellation of theunions that do not comply with this requirement.
PART TWO
UNION MEMBERSHIPIP/N/1/TUR/C/3
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Article 10 – Membership Rights and Obligations
Any person having the required conditions for membership may apply to the Union therefor.
The members have equal rights subject to the limitations enumerated in the articles 13 and14. No one may be coerced to become a member of the Union. Membership of legalpersons is contingent upon their establishment pursuant to the Turkish laws. Membership ispermissive in a single professional associati on for each work in the same area. Authors,
performers, manufacturers of sound carriers and radio and TV organisations may adhere todifferent professional associations for the types of work which they create or perform or ofwhich they undertake the creation.
The members are under the obligation to remit the annual admission fee and the annual
tuition fees afterwards as determined by the general assembly.
Article 11 – Types of membership
The associations may have full, associate and candidate members.
Article 12 – Full Members
The following conditions are required to become a full member:
a) To be Turkish nationals for physical persons and to have been established pursuant to
the Turkish laws for legal persons.
b) To have the capacity of using civil rights.
c) To be the owner of a work or of an adjacent right as defined in the Law on Intellectual
and Artistic Works.
d) To comply with the criteria established by the associations.e) To have been matriculated for at least six months in the trade register as a producer or
broadcasting organisation and to be actually producing for at least the same period.
Article 13 – Associate Member
Following persons are associate members:IP/N/1/TUR/C/3
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a) Persons who do not create the work but have the power to use the financial rights
thereof either directly or through succession or transfer.
b) Guardians or tutors of persons who are unable to use their civil rights.c) Foreign nationals having legal residence and work permits possessing primary or
adjacent works as defined by the relevant regulations.
The holders of adjacent rights may not be elected to the Union’s organs. Those enumerated
in the sub-articles a and b above may, however, participate in the general assemblymeetings without voting rights.
Article 14 – Candidate members
Those indicated in the article 12c above may become candidate members for a period of six
months as defined in the same article. They may not vote in the general assembly meetingsduring this period and be elected to the Union’s organs. They may be admitted to fullmembership by a board decision upon completion of the said six-month period.
Article 15 – Membership applications and admission
Physical and legal persons wishing to become members will apply in writing to the
association in which they seek membership. Those complying with the conditionsenumerated in the law and as well as in the by-laws of the Union and of the associations.The applications are examined by the board of directors and the results are communicatedto the applicants within the following thirty days.
Those admitted to membership are entered in numerical sequence on the separate full,
adjacent and candidate member ledgers.
Article 16 – Membership conflicts
Conflicts arising from uncertainties on the association to which the applicant shall be
admitted will be settled by the federation established in that particular field. The decisionauthority will be the Ministry if there is no association established in the said field. Theconflicts arising between the associations and members will be settled by the Union’sgeneral assembly.
Article 17 – Termination of membership and liquidation of relationsIP/N/1/TUR/C/3
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The membership will terminate upon the member’s death, dissolution of legal personality,
resignation or dismissal whereupon the membership entry in the ledger will be cancelledadding there the annotation of the resolution of the board of directors.
The mutual liabilities of the persons whose memberships so terminate on the one hand and
the Union on the other will continue for a full year thereafter.
Article 18 – Resignation
Members may submit their resignation requests in writing to the Union. The membership will
terminate upon this application.
Article 19 – Dismissal and appeals
The full, adjacent and candidate members may be dismissed under the following conditions
by a recommendation of the board of direct ors and upon decision of the disciplinary board:
a) Acts and actions that prevent the Union to perform its activities and to  attain its
objectives.
b) Failure to remit tuition fees for one full year despite the written advice to that effect.c) Continuation of acts and attitudes contrary to the statement of powers despite the
written advice to that effect.
d) Failure to participate, in the case of full members, in three consecutive general
assembly meetings without excuse.
Notices of dismissal decisions are communicated to the concerned members through a
notary public within a period of seven days.
PART THREE
Union’s Organs
Article 20 – Union’s organs
Following are the legal organs of the Union:
a) The general assembly,IP/N/1/TUR/C/3
Page 9
b) The board of directors,
c) The supervisory board,d) Technology and science board,e) The disciplinary board.Provided that their regulations so permit, the associations may establish additional organs.
Article 21 – General assembly
The general assembly is made up of the full members of the association
Article 22 – Duties and powers of the general assembly
Following are the duties and powers of the general assembly:
a) To elect the members of the board of directors and of the supervisory, technology
and science and disciplinary boards.
b) To adopt resolutions to join the federation and to elect the representatives for the
general assembly meetings of federation.
c) To resolve conflicts regarding the type of membership.d) To discuss and finalise the draft budget proposals.e) To examine and finalise the reports submitted by the boards.f) To examine and finalise the accounts of board of directors.g) To resolve on the establishment or the closure of a head office directorate and
branch offices.
h) To decide on purchases and sales of immovable property and to empower the board
of directors for establishing real rights thereon.
i) To resolve on amendments in the Union’s by-laws.j) To determine the admission charges and annual tuition fees.k) To resolve on cooperation with and joining the international organisations having
similar purposes.IP/N/1/TUR/C/3
Page 10
l) To examine and resolve on matters requested by the board of directors for handling
at the general assembly.
m) To determine the criteria for admission to membership.n) To establish measures dealing with the unauthorised use of intellectual and artistic
works.
o) To perform such other duties as may have been indicated in the legislation and in the
Union’s by-laws.
Article 23 – General assembly meetings
The ordinary general assembly meetings are held every two years by the end of of March at
the latest at the provincial where the Union’s head office is located.
The general assembly meeting is summoned by the board of directors. The general
assembly may also meet extraordinarily upon request made by the board of directors or thesupervisory board or not less than one-fifth of the Union’s full members.    
Where the board of directors fails to summon the extraordinary general assembly meeting
within thirty days following the written requests by the supervisory board or of one-fifth of thefull members, the Ministry will upon requests of the supervisory board or of the membersrequesting such meeting commission a number of the standby board members equal to thatof the board.
Article 24 – General assembly meeting calls
The general assembly meetings are announced to the members by an invitation letter
indicating the date, time and venue of the meeting and of the eventual subsequent meeting ifthe quorum is not reached in the aforesaid date, the agenda and the names of the membersentitled to participate. The invitation letters must be mailed by a registered letter or hand-delivered against signed receipts to the members.
The meeting date, time, venue an agenda together with a roster of names of members to
participate will be communicated in writing to the Governor’s office and the Ministry not lessthan fifteen days prior thereto. The Ministry will assign a Government commissar to themeeting.
Article 25 - Meeting quora and procedureIP/N/1/TUR/C/3
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The general assembly will convene with the absolute majority of members. If the absolute
majority is not attained in the first meeting, the following one will convene when the numberof the members present is higher than twice the total of the members of boards of directorsand auditors and of the disciplinary board.
All resolutions will be adopted by simple majority.The general assembly members may also vote by notarised proxies for another member.
Only one proxy is allowed for each member. Proxies are not permitted for the directors andauditors who are not allowed to vote by proxy for others.
Members are admitted to the general assembly meeting after signing across their names on
the membership roster. Upon confirming by a protocol of the availability of the quorum, themeeting is called to order by the chairman of the board of directors or by a director selectedfor this purpose by the chairman.
The non-availability of the Government commissar will not invalidate the meeting. For
conducting the meeting will be elected a chairman, an adequate number of deputy chairmenand at least two secretaries. The meeting will be conducted by the chairman or by one of thedeputy chairmen indicated by the former. Minutes of the meeting, prepared by thesecretaries, will be signed by the chairman or deputy chairman conducting the meeting andthe secretaries and delivered to the board of directors. Only the items on the agenda may beexamined in the general assembly meetings. Additional items may nevertheless be placedon the agenda upon recommendation to that effect of not less than one-tenth of themembers present and decision of the general assembly.
Article 26 - Board of directors
The board of directors consists of five members elected for a term in office of two years by
secret vote in the general assembly meeting by the full members. Five reserve members arealso elected by the same method.
The board of directors will, within three days following the general assembly meeting, a
chairman, a deputy chairman and an accountant from among its full members.IP/N/1/TUR/C/3
Page 12
The board of directors will meet at least once a month upon invitation of its chairman or, in
his absence or incapacitation, by the deputy chairman.
Article 27 - Meeting and resolution quora of the board of directors
The board o directors will convene with the presence of at least three of its members and
resolve by a simple majority vote. Members who fail to participate in three consecutivemeetings without excuse will be dismissed from the office.
Article 28 - Duties and responsibilities of the board of directors
Following are the duties and responsibilities of the board of directors:
(a) To protect the common interests of the intellectual and artistic work owners and
adjacent owners, to perform the necessary activities to secure their rights and to reportto concerned authorities in case of violation of the rights of the members.
(b) To hire and terminate the general secretary and the head and branch office employees
and to establish the rules regarding their general employment conditions includingsalaries, social security rights and fringe benefits. 
(c) To prepare cash distribution plans and to submit them to the Ministry for approval.(d) To prepare the budget and to submit it to the general assembly meeting.(e) To prepare the proposals for the amendments of Union’s by-laws and to submit them to
the general assembly meeting.
(f) To formulate the tariff schedules for indemnities and Union’s shares to be deducted from
intellectual right payments and to draw up regulations for their use.
(g) To formulate the regulations for sharing the intellectual right payments, in case the
entitlees fail to agree inter se , for the divisible works created by more than one person.
(h) To finalise the full, associate and candidate membership applications.IP/N/1/TUR/C/3
Page 13
(i) The prepare all regulations regarding the operations and activities of head and branch
offices and to submit same to the general assembly meeting.
(j) To prepare as an assistance to the members the type contracts needed for the Union’s
follow-up of the intellectual and artistic rights.
(k) To forward to the Ministry within three days the certified copies of all decisions of the
board of directors and auditors as well as of all general assembly resolutions.
(l) To cooperate with the Ministry on all matters dealing with the purposes of its
establishment.
(m) To perform such other duties as may have been indicated in its by-laws and the
legislation.
Article 29 - Representation of the Union
The Union is represented by the chairman of the board of directors.
The power of representation may also be delegated to one or several of the members under
a resolution of the board of directors.
Approval authority may be granted by resolutions of the board of directors to the general
secretary and/or to the highest ranking employees of the branch offices for the protection ofrights and  for the Union’s contacts with the public bodies, agencies and third persons.
Article 30 - Board of Auditors
The board of auditors consists of not less than three persons elected by the general
assembly by secret vote for a term in offi ce of two years. Reserve members in the same
number will also be elected.
Article 31 - Duties of the board of auditors
The board of auditors will audit at intervals of not less than six months and in conformance
with the rules and guidelines contained in the Union’s by-laws all activities and accounts ofthe board of directors, report its conclusions to the board of directors and, in form of biennalIP/N/1/TUR/C/3
Page 14
reports, to the general assembly. Copies of these reports will also be forwarded to the
Ministry.
Article 32 - Technical and scientific board
The technical and scientific board will consist of not less than three full members by the
general assembly by secret vote for a term in  office of two years. Reserve members in the
same number will also be elected. The technical and scientific board will elect a chairmanfrom among its members within the three days following its election.
Article 33 - Duties of technical and scientific board
The technical and scientific board will perform studies and research in the areas within the
ambit of specialisation of the Union, to make recommendations to the concerned boards, toprepare reports on subjects indicated by the board of directors, to furnish copies thereof tothe board of auditors and to perform such other duties as may have been indicated in theUnion’s by-laws.
Representatives of other concerned bodies and agencies and third persons may also be
invited to its meetings of its chairman or members consider it appropriate.
Article 34 - Disciplinary board
The disciplinary board will consist of not less than three full members by the general
assembly by secret vote for a term in offi ce of two years. Reserve members in the same
number will also be elected. The technical and scientific board will elect a chairman fromamong its members within the three days following its election.
Article 35 - Duties of the disciplinary board
The disciplinary board has the duty to implement the discipline regulations prepared by it,
examined the board of directors and approved by the general assembly.
Decisions of dismissal from membership and other disciplinary measures are within the
ambit of this board.IP/N/1/TUR/C/3
Page 15
Such decisions and measures may be appealed within seven days at the federation
disciplinary boards.
Resort to legal remedies is open to decisions and measures that are not appealed.
Article 36 - Notification of elected members of organs
Forenames, names, names of fathers, dates and places of birth, professions and addresses
of members and their elected to the Union’s organs will be communicated within seven daysto the Ministry and the concerned provincial authority which will forward same to the Ministryof Interior.
Article 37 - Branch Offices and head office management
The Unions may establish branch offices upon recommendation of their boards of directors
and approval of their general assemblies. The branch offices ensure a continuous liaisonbetween the members in their region and the central union.
Personnel employed at branch office are deemed to be the union’s personnel.The unions may also establish a head office management under the recommendations of
their boards of directors and approval of their general assemblies. The number of personnelto be employed and their emoluments will be determined by general assembly decisions.
PART FOUR
Financial Provisions
Article 38 - Fiscal year
The union’s fiscal year is one calendar year beginning on the first of January every year.
Article 39 - Revenues of unions
Following are the revenues of the unions:
(a) Admission charges and annual tuition fees from the members.IP/N/1/TUR/C/3
Page 16
(b) Union shares deducted from the indemnities and intellectual right payments.
(c) Publication revenues.(d) Revenues obtained through withholdings under the article 44 of the Law for distribution
to the right owners.
(e) Revenues from donations and bequeaths.(f) Interest, treasury bond and State bond revenues.(g) Others.
Article 40 - Affidavit of authorisation
Upon receipt of affidavits of authorisation from its members, the Union will undertake the
follow-up of the works indicated thereat and its financial rights, the collection and distributionthereof.
The members will remit for this purpose affidavits of authorisation granting clear powers for
the follow-up of the relevant rights before the judicial instances and enforcement officesconformant to the general rules laid down  the regulation issued by the Ministry under thearticle 20 of the Law.
Article 41 - Distribution
The amounts collected by the union less the union’s share will be remitted to the entitlees on
a quarterly basis and the indemnities less the legal and executory  expenses incurred fortheir encashment will be remitted within the following fifteen days.
Revenues obtained through withholdings under the article 44 of the Law will be distributed at
the end of each year to the unions as per the distribution plan prepared by the Ministry. TheMinistry will distribute these revenues to the unions operating in the field of the carrierenvironment in which the works are stored or to the concerned unions if the carrierenvironment has more than one piece of work.IP/N/1/TUR/C/3
Page 17
Will be deemed as distribution criteria the indemnities collected by the unions operating in
the same field and the number of copies made of the works.
The unions will then distribute these amounts to the entitlees according to the distribution
plans furnished by the Ministry.
Article 42 - Payments to board members and officials
Attendance payments will be made to the members of the boards of directors and auditors,
technical and scientific board and disciplinary board members for each day of their presenceas per the minutes drawn up at the end of each meeting and travel allowances and perdiems will be arranged fot those coming from locations other than the city where the headoffice is located.
The attendance payments, travel allowance and per diems will be determined by general
assembly resolutions.
PART FIVE
Termination of Union’s Legal Personality
Article 43 - Termination by the general assembly
The Union’s general assembly may adopt a termination resolution with a two-thirds majority.
The termination resolution will be communicated to the Ministry within five days to theconcerned provincial authority and to the Ministries of Culture and Interior.
Article 44 - Dissolution by a judicial decision
Dissolution by a judicial decision may be proceeded with if
(a) the corrections in the charter of establishment and in its enclosures required by the
Ministry under the article 8 of the Law are not remedied  within thirty days, and
(b) the first general assembly meeting is not held and the union’s organs are not formed
within a period o six months after the date of application to the Ministry under the article9 of the Law.IP/N/1/TUR/C/3
Page 18
Under such circumstances, the Ministry will establish a lawsuit for dissolution at the local
judicial authority under the general provisions.
Article 45 - Ipso facto  dissolution
Unions falling into financial distress or failing to hold two consecutive general assembly
meetings because of quorum inadequacies will be deemed as ipso facto  dissolved. Such
situations will be communicated to the Ministries of Culture and Interior by the highest localadministrative authority.
Article 46 - Liquidation
Assets of the unions terminated or dissolved will be liquidated pursuant to the procedure
applicable to the liquidation of associations. Unless otherwise indicated in the by-laws or aresolution otherwise is adopted by the general assembly, the remaining assets will betransferred to a public agency with purposes similar to those of the union so dissolved.
PART SIX
Miscellaneous
Article 47 - Books and records
The unions are held to keep the following books:
(a) Full members ledger
(b) Associate member ledger(c) Candidate member ledger(d) Board of directors resolutions ledger(e) Incoming and outgoing correspondence ledger(f) Revenues and expenditures ledger(g) Budget and final accounts and balance sheet ledger(h) Fixed assets ledger
The board of directors may also resolve to establish and maintain other ledgers as may be
dictated by the work and services.IP/N/1/TUR/C/3
Page 19
All pages of ledgers will bear sequential numbers and be legalised through a notary-public.
Article 48 - Archive copies of works
All owners of work or right who are union members are under the obligation to deliver one
copy of their reproduced works or, in case of unreproducible ones, one scaled-down model,photograph or physical environment into which it may have been loaded for rhe archive to becreated by the union in conformance with the notice to be issued by the union.
The unions may, for creating this archive, cooperate with public or private legal persons
operating in th same area.
SECTION THREE
Professional Association Federations
PART ONE
Establishment of Federations
Article 49 - Establishment of federations
A professional association federation may be established under the standard by-laws
prepared by the Ministry and approved by the Council of Ministers by at least threeprofessional associations operating in the same field.
More than one federation in the same field is not permissive.
Article 50 - Application for establishment
A federation establishment application is made by the board chairmen of  associations taking
part in the federation by general assembly resolutions.
The establishment application to be made to the Ministry in writing will be accompanied by
documents giving the federation’s and founding union’s names and addresses, signed by thechairmen of the boards of directors plus statements evidencing that the signatories arechairmen as well as the federation’s by-laws in quintuplicate.IP/N/1/TUR/C/3
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Where the Ministry discovers discrepancies or violations of the law in the said documents, a
written notice will be served upon the applicants to remedy the situation within thirty days. Aliquidation case will be initiated under the civil law provisions against the federations failingto comply with this notice.
Article 51 - Right and freedom of membership
Unions established in the same field wishing to join the established federations will apply to
the said federations upon resolution of joining by their general assembly meetings. Thefederations finalise the membership applications within thirty days and communicate theresults to the applicant unions.
Conflicts arising between unions and federations regarding the membership matters will be
solved by the Ministry.
Article 53 - Withdrawal from membership
Member unions may apply for withdrawal from membership upon resolutions to that effect of
their general assemblies. The membership terminates upon such application. The mutualliabilities will nevertheless continue for the next following year.
PART TWO
Federation’s organs
Article 54 - Federation’s organs
Federation’s organs are the following:
(a) General assembly
(b) Board of directors(c) Board of auditors(d) Technical and scientific board(e) Disciplinary board
The federations may nevertheless establish additional organs provided that this power is
indicated in their by-laws.IP/N/1/TUR/C/3
Page 21
Article 55 - General Assembly
Each union is represented in the general assembly in proportion to the number of its
members. For this purpose, each union elects one-tenth of its members as representativesin the federation’s general assembly.
Article 56 - Duties of the general assembly
Following are the duties of the general assembly:
(a) To elect the primary and reserve members of the board of directors and of auditors and
of the technical and scientific and disciplinary boards.
(b) To discuss and finalise the budget.(c) To examine and finalise the reports submitted by the boards.(d) To examine the accounts of the board of directors and to acquit the directors and
auditors.
(e) To resolve on purchase and sale of immovable property and to authorise the board of
directors to establish real rights thereon.
(f) To examine the proposals of amendment of federation’s by-laws and to finalise them.(g) To resolve on the federation’s entry into international organisations with similar goals
and to finalise them.
(h) To examine and finalise the matters of which the board of directors wishes to be
examined at the general assembly.
(i) To perform such other duties as required by the legislation in force and the by-laws of
the federation.
Article 57 - General assembly meetingsIP/N/1/TUR/C/3
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The general assembly will ordinarily meet every other year during the first or, in case the
quorum is not attained, in the last week of the month of May.
The general assembly meetings are summoned by the board of directors. It may also meet
extraordinarily upon request of the board of directors or of auditors or upon written demandof not less than one-fifth of the members. If, however, the board of directors fails to convenethe general assembly within thirty days following the written demand of the board of auditorsor of one-fifth of the members, the Ministry may commission members in the same numberof the board members to convene the general assembly upon written request of the board ofauditors or of the members requesting the meeting.
Article 58 – Board of directors
The board of directors consists of five persons elected at the general assembly from among
the members by secret vote for a term in office of two years. Reserve members in the samenumber are also elected by the same procedure.
The board of directors will within the first three following days elect one chairman, one
deputy chairman and one accountant from among its members. It will meet at least once amonth upon invitation of its chairman or, in case of his incapacitation, its deputy chairman.
Article 59 – Meeting and resolution quora
The board of directors will convene with the presence of at least three members and resolve
by simple majority.
Board members who fail to attend three consecutive meetings without excuse will disqualify.
Article 60 – Duties and responsibilities of the board of directors
Following are the duties and responsibilities of the board of directors:
a) To perform activities aimed at the protection of the rights of intellectual, artistic and
adjacent work owners.
b) To hire and dismiss the general secretary and other employees, to determine rules and
guidelines governing their salaries, social insurance and fringe benefit details.IP/N/1/TUR/C/3
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c) To prepare the draft budget and submit it to the general assembly for discussion and
approval.
d) To formulate the draft amendments on th federation’s by-laws and the regulations for the
operation and activities of the federation and submit them to the general assembly fordiscussion and approval.
e) To forward copies of the general assembly resolutions and of the board of auditors
reports within three days following the general assembly meeting.
f) To determine the rules to govern the eventual cooperation areas of the member unions.g) To try settling the conflicts and disagreements that may arise between the member
unions.
h) To perform studies on subjects bearing upon the federation’s purposes of establishment
and for finding solutions to issues encountered and to cooperate with the Ministry to thateffect.
i) To perform such other functions as may have been requested by the relevant legislation
and the federation’s by-laws.
Article 61 – Federation’s representation
The federations will be represented by the chairmen of their boards of directors.
The representation powers may if necessary be delegated to one or more members of the
boards of directors.
Approval authority may be granted to the general secretary and to the highest-ranking
officials of the branch offices for the federation’s relations with the public bodies andagencies as well as with the third persons.
Article 62 – Board of auditors
The board of auditors consists of three persons elected at the general assembly from among
the members by secret vote for a term in office of two years. Reserve members in the samenumber are also elected by the same procedure.IP/N/1/TUR/C/3
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The board of auditors will within the first three following days elect one chairman one deputy
chairman from among its members.
Article 63 – Duties of the board of auditors
The board of auditors will audit at intervals of not less than six months and in conformance
with the rules and guidelines contained in the Union’s by-laws all activities and accounts ofthe board of directors, report its conclusions to the board of directors and, in form of biennalreports, to the general assembly. Copies of these reports will also be forwarded to theMinistry.
Article 64 - Technical and scientific board
The technical and scientific board will consist of not less than three full members by the
general assembly by secret vote for a term in  office of two years. Reserve members in the
same number will also be elected. The technical and scientific board will elect a chairmanfrom among its members within the three days following its election.
Article 65 - Duties of technical and scientific board
The technical and scientific board will perform studies and research in the areas within the
ambit of specialisation of the federation, to make recommendations to the concerned boards,to prepare reports on subjects indicated by the board of directors, to furnish copies thereof tothe board of auditors and to perform such other duties as may have been indicated in theUnion’s by-laws. Representatives of other concerned bodies and agencies and third personsmay also be invited to its meetings of its chairman or members consider it appropriate.
Article 66 - Disciplinary board
The disciplinary board will consist of not less than three full members by the general
assembly by secret vote for a term in offi ce of two years. Reserve members in the same
number will also be elected. The technical and scientific board will elect a chairman fromamong its members within the three days following its election.
Article 67 - Duties of the disciplinary board
The disciplinary board has the duty to implement the discipline regulations prepared by it,
examined the board of directors and approved by the general assembly.IP/N/1/TUR/C/3
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Decisions of dismissal from membership and other disciplinary measures are within the
ambit of this board. Such decisions and measures may be appealed within seven days at thefederation disciplinary boards. Resort to legal remedies is open to decisions and measuresthat are not appealed.
Article 68 – Head office management
The federations may also establish head office managements under the recommendations
of their boards of directors and approval of their general assemblies. The number ofpersonnel to be employed and their emoluments will be determined by general assemblydecisions.
PART THREE
F
EDERATION ’S REVENUES
Article 69 – Federation’s revenuesThe federation’s revenues are the following:
a) Share of participation to federation’s expenditures in an amount not to exceed ten
percent of the fiscal year revenues of the unions as determined  by the federation’sgeneral assembly.
b) Donations.
c) Interest, treasury and state bond revenues.
d) Other revenues.
Article 70 – Books and records
(a) Ledger of federation representatives
(b) Board of directors resolutions ledger
(c) Incoming and outgoing correspondence ledger
(d) Revenues and expenditures ledger
(e) Budget and final accounts and balance sheet ledger(f)  Fixed assets ledgerIP/N/1/TUR/C/3
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The board of directors may also resolve to establish and maintain other ledgers as may be
dictated by the work and services.
All pages of ledgers will bear sequential numbers and be legalised through a notary-public.
Article 71 – Other applicable provisions
Articles 9, 25, 27, 36, 38, 42, 43, 44, 45 and 46 are applicable also for the federations.
PART FOUR
MISCELLANEOUS PROVISIONS
Article 72 – Supervision
Unions and federations are subject to the Ministry’s administrative and financial supervision.
The Ministry may post observers to the general assembly meetings of the unions andfederations.
Article 73 – Regulations
The regulations referred to in the by-laws will be prepared within six months following the
constitution of the organs of unions and federation.
Article 74 – First fiscal year
The first fiscal years of the unions and federations will start on the dates of their
establishment and end on the last day of the same year.
Article 75 – Other legislation
Where provisions do not exist in the by-laws on the activities of the union and federations,
relevant provisions will apply of the Laws on the Intellectual and Artistic Works and of theAssociations.IP/N/1/TUR/C/3
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Article 76 – Rescinded provisions
The Regulation on the Professional Associations and Federations of Intellectual and Artistic
Works Owners put into effect by the decision no 86/10534 dated 28 March 1986 is hereby
rescinded.
Provisional article 1 – Restructuration
The professional associations established prior to the entry into force of the present decree
will be, within a period of one year following the publication of the relevant standard by-lawsand regulations, converted under the guidance of the Ministry into new professionalassociations in line with the applicable provisions of the Law and the decree and the said by-laws. They will then establish their new organs at the general assembly meetings to be heldwithin the said period.
Professional associations failing to comply with the above will be deemed as ipso facto
dissolved at the completion of the said one-year period.
Article 77 – Entry into force
Provisions of the present decree prepared under the article 42 of the Law no 5846 and
approved by the Council of State will enter into force upon its publication in the OfficialGazette.
Article 78 – Enforcement
Provisions of the present decree will be enforced by the Council of Ministers.IP/N/1/TUR/C/3
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REGULATIONS
ON NEIGHBORING RIGHTS TO the AUTHORS
OF WORKS
PART ONE
General Provisions
Article 1 – Purpose
The purpose of these regulations is to protect and determine the limits of the
Adjacent rights of persons with respect to those holding intellectual and artistic works rightsand to introduce rules governing the relations inter se  of the former and those between the
adjacent and primary right holders.
Article 2 – Scope
These regulations cover the principles and guidelines governing the rights adjacent to the
those of the holders of intellectual and artistic works, without prejudice to the material andintellectual rights of the owners, with respect to performers thereof and to radio andtelevision directors as well as to the manufacturers of sound-recording media making theinitial records of such works.
Article 3 – Legal justification
These regulations are prepared pursuant to the additional article 3 added by the Law n
o
4110 dated 7 June 1995 to the Law no 5846 on the Intellectual and Artistic Works and to the
Rome Convention of 26 October 1961 on the Protection of the rights of Performers,Phonogram Producers and Broadcast  Organisations.
Article 4 – Definitions
The following terms used herein will denote the following meanings indicated therefor:
a)Adjacent rights  as used herein will denote the rights of persons performing an intellectual
or artistic work in an original manner or participating to its performance and of physical orlegal persons recording a performance or sounds for the first time and reproducing,leasing and broadcasting by cabled or wireless means and performing them at placesopen to the public.IP/N/1/TUR/C/3
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b)Performers  are vocal artists, singers, musicians, dancers and other persons who
interpret the works of art or folkloric works in an original manner, promoting, singing,incarnating and describing them.
c)Sound carrier producers  are the physical or legal persons making the initial recording of
all sounds with or without lyrics and undertaking the legal responsibility thereof.
d)Broadcasting organisations  are the radio and television systems.
e)Recording  is the registry of sounds on any material means permitting their audial
observation, reproduction or otherwise transmission to the public.
f)Sound carrier is the means designed to retain sounds or works produced by electronic
means.   
g)Broadcasting  is the presentation to public via wired or wireless means of the sounds,
images or both in a manner that permits the public to hear and/or see them.
h)Simultaneous broadcast  is the broadcast of one organisation also by others in a
synchronous manner.
i)Hiring  is the change of hands for commercial purposes for a given period of the
possession of the material means on which the sounds and/or images are recorded.
Article 5 - Limitations  
The adjacent rights may not impair the material and intellectual rights of the original right
holders. The adjacent right holders may not restrict the rights of the owners in using thisright.
PART TWO
RIGHTS OF PERFORMERS
Article 6 – Nature of right
The rights arising from the performance of the works by the performing artist may not be
used in a manner that impairs the original right holder reflecting to the public.IP/N/1/TUR/C/3
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Article 7 – Approval of performing artist
The approval in writing of the performing artist is required under following circumstances:
a) Recording of performances not recorded previously.b) Leasing of the performances reproduced for commercial purposes.
c) Reproduction of performances of which the initial recordings are made without permit in
advance.
d) Reproduction for purposes other than the intended ones of works for which reproduction
permit is granted.
e) Broadcast by radio and television systems of performances not made from a recording
offered to public for commercial purposes or not constituting a radio or televisionbroadcast.
Article 8 – Signature of a contract
Where the rights of duplicating, leasing, broadcasting or performing by wired or wireless
means are granted to a producer for a certain consideration under a contract by andbetween the performing artist and a producer, the written consent of the performing orinterpreting artist will not be sought.  If, however, the contact foresees the transfer of only acertain part of these rights to the producer, the written consent of the performing orinterpreting artist and the owner of the works will be sought for the parts not included in thecontract.
Where the recordings of the performances made or required to have been made by the
artists pursuant to the contract signed are intended to be used for purposes other than thoseindicated therein, the terms and conditions of such use will be determined in a contract to beentered into by and between the producer and the performing artist.IP/N/1/TUR/C/3
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Article 9 – Transfer or rights arising from performance of choral, orchestral or
theatrical works
For recording, reproducing and leasing of the performances of choral, orchestral or theatrical
works and broadcasting thereof via wired or wireless means, approval only of the conductoris sufficient.
Article 10 – Display of the names of artists
Performers, conductors and soloists in choral and orchestral works, directors and dramatis
personæ  in theatrical works have the right to demand that their names are displayed in the
generics of media used for the transmission of signals, images and sounds.
Article 14 – Several performers
Where a work is performed by several artists and it may be divided into parts, each of the
artists performing a particular part is deemed to be the owner of the relevant rights. If,however, the product so obtained constitutes an inseparable entity, the owner thereof is theunion of all performers creating it. The performers of such products are under the obligationof respecting in priority the rights of each other. The performers may act in unison orempower one from among themselves for the protection of their rights arising therefrom.Where one of the performers objects without reasonable cause to the action intended to betaken by the others, the approval therefor may be granted by the competent court. Each ofthe performers may act on his or her own in case the group's rights are violated.
PART THREE
Rights of Sound Carrier Producers
Article 12 – Producer’s written approval
Written approval of the producer of sound carrier media is necessary in the following
situations:
a) Direct or indirect reproduction of recorded sounds.
b) Lease of copies of sound carrier media.IP/N/1/TUR/C/3
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c) Broadcast or performance of works on sound carrying media on commercial
circulation by the radio and television organisations or other entities or theirperformance in locals open to the public.
Article 13 – Use of rights by producers
Where a sound carrying medium on which is recorded an artist’s performance is put on the
market for commercial purposes, the producer of sound carrying medium may request thepayment under general provisions of law of a part of the revenue secured therefrom  by the
performing artist.
Article 14 – Rebroadcast
Approval of the performers or of the manufacturers of the sound carrying media is not
necessary for the rebroadcast of a performance or of a theatrical work. The rebroadcastingorganisation is nevertheless held to pay a royalty to the said persons.
PART FOUR
Rights of Publishing Organisations
Article 16 – Rights of Publishers
The publishing organisations have the rights
a) to produce publications in any field whatsoever,b) to reproduce their publications,c) to reproduce their publications to the public by other means and at other locations, andd) to market the reproduced copies of such publications or to distribute them through other
methods.
Article 17 – Written approvals of publishing organisations
The written approval of the organisation making the initial publication or presentation of the
work is necessary if
a) the initial publication are rebroadcast by wired or wireless means simultaneously or
subsequently by other broadcasting organisations, orIP/N/1/TUR/C/3
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b) the publication is offered to the public by other persons or organisations   at locations
where an admission fee is charged.
Article 18 – Partial reproduction
The reproduction of a part of a publication for information purposes without impairing the
rights on the whole of the work is not subject to the procedure of approval in advance.
Article 19 – Compliance with the contract provisions
The rights of publishing organisations are used by the producers in conformance with the
contracts entered into with the producers, owners and performers.
PART FIVE
Common and Final Provisions
Article 20 – Implementation for aliens
Provisions of the provisions hereof will be implemented under the following circumstances
for the performers, producers and publishers whose rights are protected under theinternational conventions of which the Republic of Turkey is a party:
a) For the performing artists
1. If the performance is made within the territory of a signatory State.2. If the performance is recorded on a medium protected for its  nationality,
determination and broadcasting criteria.
b) For the manufacturers of sound carrying media:IP/N/1/TUR/C/3
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1. If the manufacturer of the sound carrying medium is a national of a State
which is a party to the convention.
2. If the sound is originally recorded in the territory of another State which is a
party to the convention.
3. If the original recording of the sound is made in the territory of another
State which is a party to the convention.
c) For the publishing organisations:
1. The existence of the head or management office of the publishing
organisation in the territory of another State which is a party to theconvention.
2. Transmission of the broadcast through a relay station located in the
territory of another State which is a party to the convention.
Article 21 – Protection period
Rights of the performing artists will continue for seventy years starting from the date or
original recording of the work. Where such recording is not made, the date on which thework becomes public knowledge will be used.
Rights of producers will continue for seventy years from the date of initial commercialisation
of recorded media.
Rights of radio and television organisations will continue for seventy years starting from the
date of initial broadcast.
Article 22 – Means of protectionIP/N/1/TUR/C/3
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Holders of adjacent rights may avail themselves of the rights to demand the termination of
violation and/or indemnity.
 Article 23 - Transfer and assignment of rights
Transfer and assignment of the adjacent rights are subject to the general provisions of the
Law no 5846.
Article 24 – Exceptions
Following are the cased that do not necessitate the approval of adjacent rights:
a) Private performances made within a family at no charge.
b) Reproductions and home recordings made for private use not entailing a joint
usage activity.
c) Analyses and short recordings made for the promotion of the work or for
scientific purposes.
d) Presentations and speeches made for general and current information
purposes.
e) Uses by broadcasting organisations for promotional and informative purposes.f) Sketches and cartoons compliant with the general rules applicable thereto and
not designed to impair or ridicule the primary or adjacent right holder and notcapable to damage his or her Personality or individual rights.IP/N/1/TUR/C/3
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g) Performance of intellectual and artistic works for the public order, education,
training, scientific research or interview without pecuniary benefitconsiderations.
 Article 25 – Entry into force
The present regulations will enter into force upon its publication.
Article 26 – Enforcement
Provisions of the present regulations will be enforced by the Ministry of Culture.
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