TURKISH CINEMATOGRAPHIC WORK OWNERS PROFFESSIONAL ASSOCIATION
-SESAM-
DOCUMENTATION AND DISTRIBUTION DIRECTIVE

PART I
PURPOSE, SCOPE, DEFINITIONS, BASIS

Purpose
Article 1 – This Directive aims to ensure that the necessary works, transactions and actions are carried out in the best way possible by determining the procedures and principles regarding the notification and registration of the cinematographic works of SESAM Members, and the distribution of the financial right fees arising from the use of the works and the unauthorized use compensation fees obtained.

Scope
Article 2 – This Directive covers the procedures and principles regarding the notification and registration of the cinematographic works of SESAM members, the collection and distribution of the financial rights fees for the use of the works and the compensation fees in case of unauthorized use.

Definitions
Article 3 – The terms mentioned in this Directive include
MINISTRY : Republic of Turkey Ministry of Culture and Tourism,
SESAM (UNION): Turkish Cinematographic Work Owners Proffessional Association
MEMBER: Natural and legal persons who are members of SESAM,
LAW: Law No. 5846 on Intellectual and Artistic Works,
REGULATION :Regulation on Professional Associations in the Field of Copyrights,
SESAM (UNION) STATUTE: Bylaws of the Turkish Cinematographic Work Owners Proffessional Association
refers to.

Basis
Article 4 – This Directive has been prepared on the basis of Article 21, subparagraph (ğ), Article 28, subparagraph (ı) and Article 40 of the REGULATION, Article 16/1-h, Article 19/i, Articles 30 and 31 of the SESAM STATUTE.

PART II
WORK NOTIFICATION AND DOCUMENTATION

Work Notification
Article 5 – (1) SESAM Members shall notify the Association of the cinematographic works for which they hold copyright/financial rights through the SESAM Work Notification Form. SESAM is not responsible for the protection of the works not notified pursuant to this article within the framework of collective rights management rules.
(2) A digitized copy of the works shall be submitted to the Union for the SESAM archive together with the Work Notification Form.

Documentation
Article 6 – (1) SESAM shall duly record the submitted Work Notification Forms and digitized cinema works.
(2) For distribution, the database information created by SESAM from the Work Notification Forms submitted by the members shall be taken as basis.
(3) The relevant Member is responsible for the accuracy of the information contained in the Work Notification Forms submitted to SESAM and of the digitized examples of cinematographic works.

PART III
DISTRIBUTION

Distribution Rules
Article 7 – The following rules shall apply to the distribution of royalties and compensation fees collected by SESAM:
a) The Association shall make three distributions in a calendar year, in April, August and December. In case of force majeure, the Board of Directors is authorized to postpone the distribution periods for a maximum of three months until the obstacle is removed.
b) The revenues that are the basis for distribution consist of the license fees arising from the use of the works of the members and subject to collective rights proceedings and the compensation fees arising from the unauthorized use of the works.
c) The royalty income collected by the Union shall be paid to the relevant members in the distribution to be made within six months at the latest, after the collection is completed and the work usage lists are obtained, by deducting the Union’s share.
ç) Compensation fees collected by the Union shall be paid to the relevant members in the distribution to be made within six months at the latest, after the collection is completed, by deducting the Union’s share.
d) The work database based on the distribution shall be organized according to the information contained in the Work Notification Forms of the members, based on the duration in minutes. For the cinematographic works specified in the work usage lists, royalties are accrued by determining the unit time fee based on the durations specified in the Work Notification Forms.
e) The SESAM Union Share to be deducted from the royalty and compensation revenues collected by the Union is 20%.
f) The mutual obligations of the Association and those whose membership is terminated shall continue during the validity of the Authorization Certificate. The provisions of the Regulation on Authorization Certificates to be granted to Professional Associations shall apply in this regard.
g) SESAM is authorized to offset the dues and other debts of the Members from their accrued revenues. h) In the event that Special Copying (copyright-levy) income is obtained, the Union Share is deducted and distributed equally among the members.
h) In case of special copying (copyright-levy) income, the Union Share shall be deducted and distributed equally among the members.
i) Members shall inform SESAM of the bank account information opened in their name for the payment of the accrued financial rights fees. In case of any change in account information, the Member is responsible for notifying SESAM immediately.
j) At the end of the distribution periods, the distribution report showing the subject of distribution, the work information used, the accrued financial right fee and the deductions, if any, is sent to the Members on whose behalf the financial right fee is accrued and paid via the e-mail addresses they have notified to SESAM.

Undistributed Revenues
Article 8 – (1) Out of the revenues; the amounts which should be paid to the Members by SESAM but which cannot be distributed due to the inability to identify or reach the relevant right holders shall be kept in a separate account by the Association.
(2) In order to identify and reach the right holders represented by the collecting societies, the Association shall take all necessary measures, including, at the latest within three months after the relevant distribution period, forwarding the relevant information to the organisations having representation agreements with its Members. This information shall include, as far as possible, the title of the work, the name of the right holder, the publisher or producer concerned and any other information that may help to identify the right holder. In case the measures taken are ineffective, the collecting society shall publish the said information on its website at the latest one year after the end of the three-month period.
(3) The amounts which cannot be distributed to the right holders within three years following the end of the financial year in which the revenues are collected, despite all measures taken by the Association to identify and reach the right holders, and the interest and other revenues obtained from these amounts shall be used within the scope of the distribution directive, provided that the rights of the right holders are reserved.

PART IV
FINAL PROVISIONS

No Provision in the Directive
Article 9 – In cases where there is no provision in this Directive, other relevant principles of the legislation shall be taken into consideration.

Effectiveness
Article 10 – This Directive enters into force on the date of approval by the General Assembly.

Application
Article 11 – The provisions of this Directive shall be implemented by the SESAM Board of Directors.