PRINCIPLES FOR THE ESTABLISHMENT AND FUNCTIONING OF COLLECTING SOCIETIES IN THE FIELD OF COPYRIGHT

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Tarih 21.12.2023
Birim Faculty of Law
SDG Quality Education, Sustainable Cities and Communities, Peace, Justice and Strong Institutions

A collecting society is a legal entity subject to private law whose sole or main purpose is to ensure the collective management of rights on behalf of more than one right holder, in line with their common interests, non-profit-making and established in accordance with the provisions of the Law No. 5846 on Intellectual and Artistic Works and the Regulation on Collecting Societies in the Field of Copyright. Federations are the supreme organizations of collecting societies.  Professional associations save time and costs as they pursue collective rights. The Council of State has also stated that the stronger and more powerful the organization of collecting societies, the more successful the actual protection of rights and the more successful it will be in obtaining compensation. Collecting societies and federations are private law legal entities and not public professional organizations within the meaning of Article 135 of the Constitution. The main activity of collecting societies is licensing. With the licensing activity, royalties obtained by signing a license agreement with users are distributed to members. Right holders can be members of collecting societies. Collecting societies determine membership criteria that are objective, transparent and non-discriminatory. Collecting societies may not refrain from accepting membership requests within their field of activity without objective and justified grounds. No one may be forced to become or remain a member of a professional association. A right holder may be a member of only one collecting society in the same field. In this activity, the principles of establishment and functioning of collecting societies in the field of copyright were explained to the students in the light of judicial decisions.