Regulation on Produce a Film and the Foreigners

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REGULATION ON CO-PRODUCTIONS BETWEEN CINEMA, VIDEO AND MUSIC WORKS OF ART PRODUCERS AND PRODUCERS WHO WANT TO PRODUCE A FILM AND THE FOREIGNERS

Resolution Number: 86/10900

Publication in Official Gazette; 4.9.1986/19211

Regulation on amendment of some of its articles

Resolution Number: 88/13246

Publication in Official Gazette: 12.10.1988/19957

FIRST PART

Objective scope

Purpose:

Article 1:

The objectives of this Regulation are;  to determine the persons who are entitled to produce and import film, video, record, audiocassette and similar works of art, the qualifications of them, rules to be obeyed, amateur works and to determine the principles of the co-productions that shall be made by foreigners who want to make films in Turkey with commercial purpose, real and legal persons from Turkish nationality who work on behalf of the foreigners and real and legal persons from Turkish nationality.

Scope:

The third paragraph of article 2 has been amended.

Article 2:

This regulation comprises;  the persons who are entitled to be a producer, their qualifications, rules to be obeyed, amateur works, principles that the foreigners who want to produce films or the persons from Turkish nationality who shall work on behalf of these persons shall be dependent on and principles related to the co-production.

However, the provisions of this regulation shall not be implemented on the film, video, record, audiocassette, magnetic band and similar works of art that shall be produced, imported or shall be realized by the way of co-production with the native and foreigner real and legal persons from the Company or by the way of ordering, by the third persons  to be used in the Turkish Radio and Television Company and/or the publications in accordance with the Company.

The provisions on the Principles, that the foreigners who want to make scientific researches, inspection and produce film in Turkey and the persons who make applications on behalf of these persons and the foreign press members shall be dependent on,  that have been put into force with the Resolution dated 4/4/1998 and numbered 88/12839 shall be legally guaranteed.

SECOND PART

Producer Real and Legal Persons, RULES to be obeyed, Amateur Works

Real and Legal Persons Entitled to Make Production:

Article 3 has been amended.

Article 3:

In case the real or legal persons producing or importing film, video, record, audiocassette, compact disc and similar works of art,  apply to the Ministry of Culture and Tourism enclosing the certificate indicating that they have the qualifications to make production taken from the Cinema Work of Art Owners Vocation Union of Turkey for the film, video and similar works of art, the one taken from Music Work of Art Owners Vocation Union of Turkey for the record, audiocassette, compact disc and similar works of art to the certificate they have taken from the chamber of commerce, indicating that they work in this field, they shall take producer code in accordance with the provisions of the Regulation On Producer Certificate and Signing of the Intellectual Work and Works of Art.

The producers who distribute, sell, rent, present to display the works of art they have produced or imported without enterprise certificate, without banderole or by copying them not in compliance with its original or the ones acting against the provisions of the Regulation On Signing of the Intellectual Work and Works of Art,  shall be warned by the Ministry once with a written declaration. The producer certificate of the real and legal persons who have been determined to continue these activities shall be nullified and another producer certificate shall not be given to them.

The control of the producer certificate shall be made by the Cinema Work of Art Owners Vocation Union of Turkey and shall be reported to the Ministry.

Rules to be obeyed by the Producers:

Article 4 has been amended.

Article 4:

The producer is obliged to declare;  the name of the work of art, the places he shall make the production, the matter whether he shall use native or foreign artists or technical members for the works of art he shall produce or import; the country where the work of art shall be taken from, the number of works of art and the names of them if known beforehand for the works of art subject to import, to the Ministry in a written statement.

Moreover, he is obliged to give

One video copy, two posters if any and other documents of the domestic or imported works of art for the films,

One video band copy and other documents if any for the videos,

One record and cassette for the recorders

To the Ministry of Culture and Tourism enclosed to the written declaration stated in Article 5 of the Regulation.

Producer Declaration:

The sub-paragraph (b) of Article 5 has been amended.

Article 5:

The producer shall declare; the name of the work of art that he has applied to the Ministry of Culture and Tourism to make its record and registration, that he is the producer or importer of it, the producer code, other technical information about it and that he undertakes the correctness of these, separately for every work of art in order to take enterprise certificate. He is obliged to enclose;

A copy of the contract, which has been translated into Turkish and whose correctness has been approved, made with the persons entitled to produce and import, distribute and display the work of art, for the foreign origin works of art,

For the domestic works of art, a written declaration indicating that he is the producer of the work of art and a notary public approved copy of the contract indicating that he has taken over the rights of copy, distribution and display from the producer and a notary public approved copy of the contract made with the performer soloist or the director of the group for the music works of art to this declaration.

In case more than one real and legal person apply to get enterprise certificate for the foreign works of art, the certificate taken from the producer of the work of art shall be taken as a base. The work of art shall be registered and recorded on behalf of the owner of this certificate.

The producer is entitled to transfer the copy and collective distribution of the work of art he has registered and recorded to the collective distributor real and legal persons who have enterprise license, with a certificate arranged by the notary public. The person doing collective distribution shall take banderole by giving the transfer document to the Ministry of Culture and Tourism.

Amateur Works:

The first paragraph of Article 6 has been amended.

Article 6:

The real or legal persons producing cinema, video and music works of art that have no commercial purpose, are entitled to register and record their works of art in case they request.

Registration and record charge shall not be taken from the works of art that are being made by public institutions and establishments.

In case the amateurs use the works of art they produce with commercial purpose, they shall be obliged to obey the principles projected for the producers in this regulation.

THIRD PART

Application and Permission Obligation of the Foreigners and Persons who want to produce commercial purposed film in Turkey on behalf of the foreigners, Rules to be obeyed

Permission:

Article 7:

The foreign real and legal persons who want to produce films with commercial purpose in Turkey and real and legal persons from Turkish nationality who make activities on behalf of these persons are obliged to get permission from the Ministry of Culture and Tourism.

Application Authority:

The second paragraph of Article 8 has been amended.

Article 8:

For producing film with commercial purpose in Turkey, application shall be made to the representatives of Republic of Turkey abroad and to the Ministry of Culture and Tourism for domestic production with the application form in the (ANNEX).

A copy, which is written in the original language, of the scenario belonging to the work of art shall be enclosed to the application form.

Article 9 has been amended.

Article 9:

When co-production is requested with the producers who want to produce films in Turkey and local producers who work on behalf of these producers; "Permission Certificate" shall be arranged,  when the existing local and foreign producers present the application form that they have filled without deficiency and that they have signed to the Ministry of Culture and Tourism. One sample of the permission certificate shall be sent to the related institutions and establishments for information.

FOURTH PART

Application for Co-production, Player and Member:

Application for Co-production:

Article 10:

In the film productions with commercial purpose that the real and legal persons from Turkish nationality shall make with the foreigners in Turkey, the local producer is obliged to annex his own name, working place address, certificate indicating that he is a member of Cinema Works of Art Owners Vocation Union of Turkey, the nationality of the foreign real and legal persons he shall make co-production with, their names, working place address in his country, the original of the work of art if it is written in foreign language and its Turkish copy to his application and give it to the Ministry of Culture and Tourism to get permission.

Player and Technical Member:

Article 11:

In the co-production films that the real and legal persons from Turkish nationality shall make with the foreigners in Turkey with commercial purpose, players and technical members can be used in the number to be determined by the parties.

FIFTH PART

Common Provisions:

Residence Permit:

Article 12:

In case permission is given for production of film, the residence of the foreign members, who shall be charged, shall be provided by the Ministry of Culture and Tourism by sending necessary information and documents belonging to them to the Ministry of Interior.

Entry and Exit of the Raw Films and Other Materials to Turkey:

Article 13:

It is obligatory that there must be the list of material stated in the annexed form and appropriateness in order to realize the entry of the raw film and material, which shall be temporarily brought to our country with the aim of producing film with commercial purpose.

In case the laboratory process of the film after shot shall be done abroad, there must be the written permission of the Ministry of Culture and Tourism for the exit of the parts belonging to the film to be sent.

Host:

Article 14:

The Ministry of Culture and Tourism is entitled to instruct a host, when necessary, to be helpful during the shot of the film.

Shot in Public Places:

Article 15:

The Ministry of Culture and Tourism makes aid in the permission process, in case use of the public places in film shots have been found appropriate.

Obligation to give Information:

Article 16 has been amended.

Article 16:

The producers are obliged to declare that they have given written information to the most superior local administrative authority about the starting and finishing date and to the Ministry of Culture and Tourism about the production.

The foreign producers and the producers in the co-production are obliged to return the permission certificate by declaring to the Ministry of Culture and Tourism that the shot of film has been completed, their work in Turkey has finished and the date they shall leave.

Nullification of the Shot Permission:

Article 17:

In cases where provisions of the Regulation are violated during the film shots, works shall be suspended by the Ministry of Culture and Tourism and the shot permission shall be nullified.

Provisional Article:

The persons who have taken producer certificate before this regulation had been put into force are obliged to change their producer certificates in 6 months after the Regulation has been put into force by applying to the Ministry. The producers who shall change their producer certificates are obliged to fulfil the matters projected in the 2nd article of this regulation.

Validity:

Article 18:

This Regulation shall come into force on its publication date.

Execution:

Article 19:

The Minister of Culture and Tourism executes the provisions of the Regulation.

(Shall be filled by the foreigners who want to shoot film in Turkey.)

Name, Surname:

Birth Place and Date:

Father Name:

Profession:

Nationality:

Passport Number:

Working Place Address and Telephone Number in his Country:

Address of the Place he shall stay in Turkey:

If he has been in Turkey before, the date of it and the reason for it:

Persons and Establishments he shall declare as a Reference:

The subject, duration of the Film and Places shot shall be done:

Number of Personnel he shall bring to Turkey for the studies, Kind and Quantity of the Equipment, Material and Motor Vehicles:

I undertake that I shall send an original video copy of the film I shot to the Ministry of Culture and Tourism in maximum one month.

Name, Surname

Signature