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Legal Alerts

04/01/2021

Regulation on Authorization Certificate for Copyright Collecting Societies Entered into Force

Legal Alerts
Intellectual Property
General

 

Recent Development

The Regulation on Authorization Certificate Given to Copyright Collecting Societies (“Regulation“), prepared by the Ministry of Culture and Tourism, entered into force as of January 1, 2021. The Regulation annuls the Regulation on Authorization Certificate Given by Owners of Intellectual and Artistic Works dated September 4, 1986. As per the Regulation, the owners of intellectual and artistic works, affiliated beneficiaries and other financial beneficiaries should submit an authorization certificate in accordance with the principles of the Regulation and the conditions determined by copyright collecting societies in order to become a member of the society.

The Regulation sets forth the form and content of the authorization certificate given by the right holders to the copyright collecting societies as well as the mutual rights and obligations of the right holders and copyright collecting societies. The Regulation aims to strengthen the representation capabilities of copyright collecting societies in licensing activities and to comply with the global practices.

What’s New?

The Regulation determines the particulars to be specified in the authorization certificate; the rights and obligations of the copyright collecting societies and the right holders within the scope of the authorization certificate; and the termination of the authorization certificate in detail.

According to the Regulation, the right holder of an intellectual and artistic work must grant an authorization certificate to the copyright collecting societies in order to become a member of the society. The issuance of an authorization certificate allows copyright collecting societies the authority to use and exploit the financial rights determined in the certificate, and copyright collecting societies will have exclusive authorization in the management of the rights, collection and royalty distributions. The authorization certificate grants an exclusive license to the copyright collecting society over the rights subject to the authorization certificate. Within the framework of the Regulation, the rights specified in the authorization certificate will be valid for all published or publicized work and the related rights of the right holder in the field where the copyright collecting society operates. In addition, representation agreements made by copyright collecting societies with the institutions and organizations abroad acting with the same purpose will be deemed authorization certificates.

In accordance with the Regulation, right holders accept and undertake to transfer the authority to use their financial rights subject to the authorization certificate to the copyright collecting society for a minimum period of five years. Copyright collecting societies are authorized and obliged to use the rights subject to the authorization certificate given by the right holders on their behalf; to allow third parties to use them; to prohibit third parties from using them; to receive the payment amount for the use; and to apply and pursue all kinds of judicial, administrative and executive methods for the pursuit and collection of these rights. In case the right holder dies, the authorization certificate will be continued with the legal heirs in their place.

The Regulation prohibits the right holder to further grant the right to use the financial rights granted to a copyright collecting society with the authorization certificate to third parties without the respective collective society’s permission. The right holders continue to be authorized to assign their rights to third parties; however, in that case, the authorization certificate is deemed to be terminated in terms of the assigned rights.

Each copyright collecting society will be required to prepare the necessary forms and documentation relating to the authorization certificate, thus the right holders can access this documentation through the relevant copyright collecting society.

Conclusion

The Regulation is important for owners of intellectual and artistic works, affiliated beneficiaries and other financial beneficiaries. The Regulation determines the basic procedures and principles for right holders to authorize copyright collecting societies for the management of certain financial rights, collections and royalty distributions.