REGULATION ON THE DEED OF ASSIGNMENT TO BE SUBMITTED TO THE 
COLLECTING SOCIETIES  
 
SECTION ONE  
Purpose, Scope, Grounds and Definitions  
Purpose  
ARTICLE 1 –  (1) The purpose of the foregoing Regulation is to lay down the principles and 
procedures regarding the deed of assignment  to be submitted to a collecting society by the authors of 
intellectual and artistic works, related rights holders as well as other economic rights holders, in order to 
become member of the col lecting society.  
Scope  
ARTICLE 2 –  (1) The foregoing Regulation pertains to the format and content of the deeds of 
assignment  to be submitted to the collecting societies by the rightholders as well as rights and liabilities  of 
both rightholders and collect ing societies within the framework of the deeds of assignment . 
Grounds  
ARTICLE 3 –  (1) The foregoing Regulation has been drawn up based on the Law on Intellectual and 
Artistic Works No. 5846 of 5/12/1951, Article 42/A, seventh paragraph, and the Bylaws on the Collecting 
Societies and Federations of Authors of Intellectual and Artistic Works and Related Rights Holders enforced 
upon the Council of Ministers Decision No. 99/12574 of 10/3/1999.  
Definitions  
ARTICLE 4 –  (1) For the purposes of the foreg oing Regulation, the following terms shall refer to the 
definitions hereby assigned to them:  
a) Ministry: Ministry of Culture and Tourism,  
b) Subjects of related rights: Performances, phonograms, productions and broadcasts,  
c) Rightholder: Authors, related rights holders and other economic rights holders,  
ç) The Law : Law on Intellectual and Artistic Works No. 5846 of 5/12/1951,  
d) Collecting Society: Societies established pursuant to the provisions laid down in the Law, 
with a mandate to protect  the common interests of authors of intellectual and artistic works as well as related 
rights holders, to manage and pursue the rights grant ed by the Law, and to ensure that the royalties  are 
collected and distributed to the rightholders,  
e) Deed of Assignment : Document through which a rightholder authorizes the collecting 
society in writing for the management and pursuit of certain economic rights as well as collection and distribution of royalties, and based on which reciprocal rights and liabilities  between a rightholder and a 
collecting society shall arise.  
 
SECTION TWO  
Principles on the Deed of Assignment , Rights and Liabilities  of Collecting Societies and 
Rightholders within the Scope of the Deed of Assignment  
Deed of Assignment  
ARTICLE 5 –  (1) Rightholders shall be obliged to submit a  deed of assignment  to become a member 
of a collecting society, which has been issued in accordance with the principles hereof as well as the terms 
and conditions determined by the collecting societies. Upon the submission of the deed of assignment , the 
collecting societies which would become authorized to exercise the rights subject to  deed of assi gnment  in 
the form of an exclusive license, shall have the exclusive authority for the collection and distribution of 
royalties.   
(2) The rights referred to in the deed of assignment  shall apply to the rightholders ’ all 
published works or works that have been made public as well as the subjects of related rights, in the field  
across which the collecting society operates. When determining the works which the collecting societies are authorized to represent, and deter mining the subjects of related rights, the notifications made by the members 
using the method decided by the collecting societies shall be predicated on.  
(3) Representation agreements signed by collecting societies with other organizations and 
agencies abroad,  which pursue the same goals as them, shall be effective as a deed of assignment .  
Matters that shall be covered in a deed of assignment  
ARTICLE 6
 – (1) In the deeds of assignment  rightholders  would submit, the they  shall accept and 
commit  that:  
a) They would be transferring the authority to exercise the economic rights referred to in the 
deed of assignment  exclusively to the collecting society for a period of at least  five years, and in the event 
that a notification indicating otherwise is not made,  through a notary office, one year before the period laid 
down in the deed of assignment  expires, the period of authorization would be deemed to have been extended 
-for one time only-  for another term,  
b) They would fulfill the liabilities  imposed by the Byla ws on the Collecting Societies and 
Federations of Authors of Intellectual and Artistic Works and Related Rights Holders,  by the bylaws of the 
collecting  society of which they are a member, and by the deed of assignment , and abide by the distribution 
guidel ines of the collecting society,  c) They would pay for the amount deducted by the collecting society  and the membership fee,  
ç) They would individually list the types of economic rights associated with the deed of assignment  
and other rightholders  if exists , 
d) They would notify the collecting society in the event that they have transferred the economic rights 
associated with the  deed of assignment , to another party,  
e) They would report the works for which they hold the rights, and the subjects of related rights, 
subsequent to the creation of these works, using the method to be determined by the collecting society,  
f) They would hand over a copy of the work and the subjects of related rights, in a format to be 
requested by the collecting society, to be kept in the collecting society’s archive,  
g) The collecting society would have the authority (of collecting society) to grant perm ission to 
exercise the rights associated with the deed of assignment , to natural and legal persons who have requested 
to do so, without having to notify the rightholders.  
 
Rights and liabilities  of a collecting society within the scope of the deed of assig nment  
ARTICLE 7 –  (1) The collecting society shall be authorized and have a liability  to exercise, on its 
own behalf, the rights subject to  deed of assignment  to be submitted by the rightholders, to allo w third parties 
to exercise the rights or prohibit  them from doing so, to receive the fees paid in exchange for their uses, to 
resort  to all kinds of judicial, administrative and enforcement means for pursuing and collecting the rights, 
and to ensure their follow up.  
(2) Those who have been granted permission by the collecting society to use the work and 
the subjects of related rights, shall be entitled to grant the same permission to other parties, on condition that 
they reach an agreement with the collecting s ociety.  
(3) In the event of the demise of the rightholder, the deed of assignment  shall be maintained 
with their legal heirs. Until the inheritance has been legally proven,  and where there are multiple heirs, until 
one of them has been assigned as proxy, the sums to be paid in the meantime shall be retained by the collecting 
society. W here, following the demise of the rightholder, the revenues to be paid to the rightholder are not 
high enough to cover for the expenses and membership fees for four years in a row, the deed of assignment  
shall expire at the end of the next calendar year.  
Rights and liabilities  of rightholders within the scope of the deed of assignment  
ARTICLE 8 –  (1) The rightholder who has submitted a deed of assignment  may allow to a third  party 
use the rights associated with the deed of assignment , only if permitted by the collecting society. 
Nevertheless, even if rightholders have authorized the collecting society, they shall be entitled to allow other 
parties to use their work and the subjects of related rights for non- commercial purposes, in line with the  
method determined by the collecting society.  
(2) The rightholder may transfer, in part or in whole, the rights referred to in the deed of assignment , 
to third parties. In that case, the deed of assignment  shall be deemed to have been terminated in terms o f the 
transferred rights as well as the work and the subjects of related rights, and as long as the deed of assignment 
remains in effect, the distribution fees shall be paid to the person about whom the collecting society has been notified.  
Termination of the Deed of Assignment  
ARTICLE 9 –  (1) Rightholders shall be entitled to terminate the deed of assignment , on condition 
that they send a notification, through the notary office, by giving at least six months’ notice.  
(2) Where the Deed of Assignment  has be en terminated following a notification made by the member, 
or for any other reason, the collecting Society may decide that the termination would not take effect before the end of the calendar year.  
SECTION THREE  
Miscellaneous and Final Provisions  
Standard deed of assignment  
ARTICLE 10 –  (1) Each collecting society shall draw up standar d deeds of assignment  and required 
forms, in accordance to the principles laid down hereof.  
Revoked regulation  
ARTICLE 11 –  (1) The Regulation on the Deed of Assignment  to Be Submitted  by the Authors of 
Intellectual and Artistic Works , published in the Official Gazette No. 19211 of 4/9/1986 is hereby  revoked . 
Transitional Provisions  
PROVISIONAL ARTICLE 1 –  (1) Members of collec ting societies who have yet to submit a deed 
of assignment  as of the date on which the foregoing Regulation enters into force , shall submit a deed of 
assignment  in line with the provisions hereof, within six months after the effective date of the foregoing  
Regulation.  
(2) Deeds of assignment  which were issued prior to the effective date of the foregoing Regulation 
shall be renewed in line with the provisions hereof before 1/1/2023, even if they have not yet expired.  
Entry into Force  
ARTICLE 12 –  (1) This Regulation enters into force  on 1/1/ 2021.  
Enforcement  
ARTICLE 13 –  (1) The provisions hereof shall be enforced by the  Minister of Culture and Tourism.