Notification on the Qualifications of the Recording Establishments Rules

[admin]

NOTIFICATION ON THE QUALIFICATIONS OF THE RECORDING ESTABLISHMENTS TO COPY VIDEOS AND CASSETTES AND THE RULES TO BE FOLLOWED IN THE RECORDING ESTABLISHMENTS

88/1

Publication in Official Gazette: 19.11.1988/19994

The qualifications of recording establishments and the rules to be obeyed by them are shown below in accordance with the second paragraph of amended article 11 of Regulation on the Signing of Intellectual Arts and Works of Art that have come into force in accordance with the article 41 and article 44 of Law of Intellectual Arts and Works of Art No. 5846 and provisions of Law of Cinema, Video and Music Works of Art No. 3257.

I- QUALIFICATIONS OF THE VIDEO RECORDING ESTABLISHMENTS

The recording establishments that shall make video copies are obliged to have the minimum technical qualifications registered below.

1.  100 pieces of video tape recorders (Beta-VHS etc.)

2.  2 pieces of U-Matic or 1 inch recording equipment

3.  1 piece of picture corrector (Time Base Corrector)

4.  1 piece of Waveform monitor controlling picture signals

5.  2 pieces of picture and sound entry-exit controlling monitor

6.  Remote control system of recording equipment 

7.  10 pieces of video tape controlling the recording quality and related choosing system

8.  1 piece of monitor controlling the recording quality

The matter whether these establishments have the qualifications stated above shall be determined with the report prepared by at least a 3-person commission including a technician that shall be formed by the Cinema Works of Art Owners Vocation Union of Turkey. In case the report is negative, the owner of the establishment is entitled to object to the Chamber of Industry or to the Industry Department of the Chamber of Commerce of his own province within 7 days if he wishes. The factories producing empty video tapes shall present their manufacturer proofs, judicial report of Chamber of Industry, a copy of the report from the Chamber of Industry proving that they do recording and defining their capacities, to the Ministry of Culture and Tourism.

One copy of the invoices of materials and equipment that are in the recording establishments or sale transfer bonds certified by the notary shall be annexed to the documents above.

In addition, a presentation of one copy of land register if the place of the recording establishment is possessed by the owner of the establishment, if not one copy of the rental contract certified by the notary is obligatory.

The owners of recording establishments applied to the Ministry of Culture and Tourism with the above-stated documents shall be given the "Certificate of Video Copying Efficiency".

II- QUALIFICATIONS OF THE AUDIO (CASSETTE) RECORDING ESTABLISHMENTS

The recording establishments that shall copy audio (cassette) are obliged to have the minimum technical qualifications as registered below:

1. 6 equipment having the capacity of recording 80 cassettes in one tour or an equipment able to reach this capacity for normal tour speed (real time) recording.

2. Equipment with high-speed able to reach the capacity stated in article 1.

3. 1 tape recorder with the capacity to play the reel records.

4. 1 electronic mixer with the capacity to control the sound.

5. 1 record quality controlling equipment.

The report of Chamber of Commerce stating that these establishments have the conditions stated above and stating its capacity, the copy of invoices of the materials and equipment of the recording establishment or a copy of the notary certified transfer bonds; a copy of the land register of the establishment or a copy of the notary certified sample of rental contract shall be presented to the Ministry of Culture and Tourism.

The owners of the recording establishments applying to the Ministry of Culture and Tourism shall be given the "Certificate of Audio (cassette) Copying Efficiency".

III- RULES TO BE OBEYED BY THE RECORDING ESTABLISHMENTS THAT HAVE CERTIFICATE OF COPYING EFFICIENCY

1. The representatives of the recording establishments shall take the banderoles, presenting the notary certified copy of the original administration certificate of the work to be copied; the producer's notary certified power of attorney of banderole taking and his declaration of the number of copying. In case the producer has transferred his work, notary certified, to another producer, the transferred real and legal person shall carry out the procedures stated above.

2. The work shall be copied within the framework of the principles of the administration certificate.

3. Within 10 days pursuant to the end of the copying, the signing shown on the sticker of the work and banderole serial numbers shall exist in the copy of the invoice to be sent to the Ministry (the Presidency of the Department of Intellectual Arts and Works of Art) by the representatives of the recording establishments. The owners of the recording establishments who had been transferred their own productions and the rights of copying and collective distribution, notary certified; shall send their written statement including the above stated information instead of invoice to be presented to the Ministry within 10 days.

4. In case of any changes in owners, names or residences, additional equipment purchases of recording establishments, this change shall be informed to the Ministry (the Presidency of the Department of Intellectual Arts and Works of Art) within 10 days.

5. The signature circular of the owners and representatives of recording establishment shall be given to the Ministry.

6. The Ministry is entitled to control the recording establishments. The charged persons of the recording establishments shall present the necessary information and documents to the authorized person. The certificate of Copying Efficiency shall be nullified and banderoles shall not be given again in case of determining an elimination of the stated conditions of the qualifications of the recording establishment, using the banderoles inappropriately or contrary to their purpose, and misinforming the Ministry.

7. The existent recording establishments shall get their Certificate of Copying Efficiency within 45 days pursuant to the publication of this notification.

8. This notification shall come into force on the date of its publication.

THE ADDRESSES OF VOCATION UNIONS

SESAM:

Cinema Works of Art Owners Vocation Union of Turkey

İstiklal Cad. No: 122/4-A

Beyoğlu-İSTANBUL

Tel: 145 46 45 – 149 98 26

MESAM:

Musical Works of Art Owners Vocation Union of Turkey

Kuyulu bostan Sokak Kristal Palas Apt. No:13

Kat: 1  Daire: 8   Nişantaşı-İSTANBUL

Tel: 132 77 00 – 132 77 01

[admin]

MESAM Rewiev and address&phones changes:

MESAM is the Turkish society for musical performing and mechanical reproduction rights. As a state-recognized organization, MESAM administers the exploitation rights of creators of music in accordance with the Law on Intellectual Property Rights No 5846. MESAM is a collecting society which is subject to supervision and control by the Ministry Of Culture and Tourism of Turkey.

MESAM is a member of CISAC (International Confederation of Authors' Rights Societies) and BIEM (International Bureau of Mechanical Rights Society).

ADDRESS





Sıracevizler Cad. Esen Sok.

Saruhan Plaza. Kat.6

34381 Sisli/Istanbul/Turkey

Tel: + 90 212 2969910

Fax: +90 212 2969926



mesam@mesam.org.tr