REGULATION OF SETEM
SECTION ONE – GENERAL POROVISIONS
Name, headquarter and field of activity of the Organization
Clause 1 – Pursuant to Article 42 of the law of “Intellectual and Artistic Works” numbered 5846 amended by the Law No. 4630 and to the provisions of the regulation “Collective Societies and Federations for the Authors of the Intellectual and Artistic Works and Related Rights Holders” a collective society named SETEM (Association of Film Directors, Writers and Composers) has been established in Istanbul. This Collective Society acts in the field of ownership of cinematographic works according to the article 7 of the “Regulations on Collecting Societies and Federations on Ownership of Intellectual and Artistic Works with Related Right Holders”.
Purpose of the Organization
Clause 2 – Purpose of Association of Film Directors, Writers and Composers is its’ members’
- Theatrical films, Video films, TV films, series,
- All types of esthetical, scientific, educational or technical or films about current events,
- Commercials which have a cinematographic value,
- Short or long footage films,
- Documentaries or musical films
regardless of the media material and record format, can be screened and/or recorded either electronic or mechanical or similar means; any kind of “Cinematographic Work” or works considered as “Cinematographic Work”, according to our legislation; those who are;
- Script Writer
- Composer of original music
- Dialog Writer
- Protecting the common interests arising from ownership of rights,
- Ensuring the management, follow-up and distribution of the rights recognized by the law to the rights holders through the collection of the royalties and indemnities to be received.
Creation of Collective Societies
Clause 3 – After fulfilling the conditions stipulated in Article 8 in the Regulation, this union applies to the Ministry and starts operating after getting permission from the Ministry. By the Ministry, declaration of incorporation and its’ attachments, regulation of the society and legal status of the founders if any deficiency or breach is found according to the legislation , the Association resolves this incompatibility or deficiency within 30 days from the date of notification. Otherwise, The Ministry shall issue a lawsuit according to the general provisions for dissolution of the Union.
Temporary Board of Directors
Clause 4 – Provisional Board of Directors, represent and carry out the work of the union until the formation of the organs of the union. It also sets the criteria for membership qualifications. Provisional Board of Directors may exercise the powers granted to the general assembly according to the nature and necessity of the affairs.
Clause 5 – SETEM (Association of Film Directors, Writers and Composers) becomes a legal entity by submission of declaration of incorporation to the ministry, in which its’ regulation is attached in accordance with Type Status prepared by the Ministry and approved by the Cabinet.
First General Board Meeting
Clause 6 – The Union has to make the first general assembly meeting and form its organs within six months following the date of application and the latest official authorisation to the Ministry of Culture. In case of failure to comply with this obligation, a lawsuit shall be filed in accordance with the general provisions of the Ministry for the termination of the association. In order to make the first General Assembly meeting, it is necessary to have at least twice the number of principal members of the Board of Directors, Auditing Board, Technical-Science Board and Board of Honour.
Representation of members and following-up the rights
Clause 7 – The union; in their relationships with the public institutions and organizations and with the real persons and legal persons in private law, in follow-up of the rights of the authors and financial right owners registered to the union, is authorized within the scope of the rights transferred exclusively by its members with a certificate of authorization. The authors and the financial right owners can follow-up individually their rights which they have not transferred to the union. The rights of the authors vested by law cannot be followed-up by any society, association or similar organizations other than the societies established according to the statute within the country.
Viewing of works and broadcasts
Clause 8 – The union is obliged to follow-up the exploitation of the intellectual and artistic works of its members and take the necessary actions regarding the unauthorized uses. .