Overview of collective management in Turkey Cover Image
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Prezentare generală privind gestiunea colectivă în Turcia
Overview of collective management in Turkey

Author(s): Ana-Maria Marinescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: Turkish Law on copyright and related rights; collective management system in Turkey; setting up of the CMOs; scope; legal nature; statute organizational structure; attributions and obligations;

Summary/Abstract: In Turkey, the legislation regarding the collective management of rights establishes in a broad manner the setting up, the functioning and the activities of the collective management organizations (CMOs). Several amendments and improvements can be done for a better collective management system in Turkey and in order to bring the Law no. 5846 on intellectual and artistic works and the other regulations on collective management into full accordance with the EU Directives (mainly with the EU Directive on the Collective Management) and practices in the field, with a special focus on provisions about transparency, accountability and good governance. There is a need to implement the EU Directive on the Collective Management and to keep amending the Law no. 5.846 on intellectual and artistic works, the provisions regarding the collective management system. The article will present the setting up of the CMOs, the scope and the legal nature of the CMOs, the statute and their organizational structure, the CMOs attributions and obligations, members, mandate and economical rights, the procedure for establishing the tariffs and the supervision of the CMOs. Also, the article will present the list of the CMOs in Turkey and the field in which they operate.

  • Issue Year: 2017
  • Issue No: 3 (52)
  • Page Range: 101-112
  • Page Count: 12
  • Language: Romanian
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