Republic of Türkiye

[TR] Cinematographic Works Collecting Societies Have Joined Forces

IRIS 2010-9:1/37

Eda Çataklar

Intellectual Property Research Center, Istanbul Bilgi University

The collecting societies in the field of cinematographic works have joined forces under a union named “Union of Forces of Cinematographic Work Owners’ and Related Rightsholders’ Collecting Societies”.

It should be noted that more than one collecting society in the same area may be founded in Turkey. The areas are listed in Article 7 of the Regulation Regarding Intellectual and Artistic Works Owners and Related Right Holders, according to which, in the field of cinematographic works, authors, performers, radio and TV organisations and film producers may set up one or more separate collecting societies (see IRIS 2009-7: 19/33).

The Union does not constitute a federation, but it provides a constructive co-operation among the eight collecting societies, which consist of the BIROY - Society of Movie Actors, BSB - Association of Documentary Film Makers, FİYAB - Society of Film Producers, SİNEBİR - Cinematographic Work Owners’ Society, SEYAP - Movie Producers Professional Association, SETEM - Cinema and Television Works Owners’ Society, TESİYAP - Society of Television and Cinematographic Work Producers, SESAM - Cinematographic Work Owners’ Society of Turkey.

According to the founding agreement the main objectives of the Union are the collection of the royalty payments and the communication with private and public institutions in the name of all cinematographic societies. Furthermore, the Union aims to fight against piracy, to determine joint tariffs, to provide the recording and registration made by collecting societies, to obtain a share from the private copy levies collected by the Ministry of Culture and Tourism (see IRIS Special, Creativity Comes at a Price The Role of Collecting Societies, 2009), to establish a media monitoring system and to lobby regarding the Law on Intellectual and Artistic Works and other related regulations.

The executive committee of the Union consists of the chairmen of the constituent collecting societies and decides unanimously. According to the founding agreement each collecting society is obliged to make the Union’s decisions their own decision by approval of their own executive committees.

As a first activity, in August, the collecting societies have moved to joint headquarters, which have been provided by the Ministry of Culture upon the Union’s request.

Up to the present, in spite of their effort to get together and solve the problems they face, none of the attempts of the collecting societies in the field of cinematographic works had achieved success. Therefore they were rather passive, while the collecting societies in the field of music have made remarkable progress (see IRIS 2009-2: 19/32).

However, the establishment of the mentioned Union promises hope for a better situation in respect of the rights of cinematographic works’ owners.