Law on Cinema Video and Music Works of Art.doc
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1、Law on Cinema Video and Music Works of Art N 3257 of 1986 as amended by law N 3329 of 1987Objective 1. The objective of this law is to realize the educative, instructive, culture spreading and transmitting, introductory functions of cinema, video and music works of art which are one of the most impo
2、rtant mediums of mass communication due to their close relation with culture and their prevalence; to provide their improvement from the aspect of production, inspection and display, programming matters and technology usage; to give support to the people working in the field of Turkish Cinema and mu
3、sic art; to contribute order and dimension to cinema and music life from the aspect of national solidarity, integrity and our continuity.Scope 2. This law comprises the incite, creation of the work of art, inspection, display, execution of the products of Turkish Cinema and Turkish music art, which
4、are branches of industry and art, and the principles and procedure of the protection of the copyright, display and execution right, which arise from these process.Definitions 3. The explanations of the phrases used in this law are as follows:(a) Work of art: Mobile or audio thought and art productio
5、ns recorded on film, video, recorders or on their similar ones.(b) Inspection: The inspection of the works of art, which are identified in this matter, by the authorities in order to determine whether they contain elements of offense or incite to offense from the aspect of the indivisible integrity
6、of the state with its country and nation, national sovereignty, republic, national security, public order, general ease, public interest, general ethics and general health and whether they are appropriate to our national culture, customs and traditions.(c) Film: Every kind of mobile cinema works and
7、 their similar ones that determine works of art prepared as audio or visual or only visual with commercial purpose and the introductory, instructive or technical ones or the daily events.(d) Video: Every kind of mobile material on which vision with sound or only vision has been recorded with the ele
8、ctromagnetic parts on it.(e) Recorder: Every kind of record, cassette or their similar ones on which only sound has been recorded.(f) Banderole: The label which is stuck on the band, cassette and outer package of the works that makes the stuck material lose its special feature when removed and which
9、 the special sign of the person with the enterprise certificate and the serial number is on. (ministry banderole and the special sign of the owner of enterprise certificate is used on the recorder).(g) Producer: Real or legal persons producing or importing the works of art.(h) Operator: Person doing
10、 the total and retail distribution, buying-selling and hiring of the works, or managing public cinemas or similar other saloons that provide more than one people to watch or listen, or broadcasting cable network.(i) Ministry: Ministry of Culture and Tourism.Production and Import 4. The real and lega
11、l persons that shall do the production and import and collective distribution of the works of art are obliged to inform the ministry beforehand.Amateur works related with the question of who can do broadcasting, their qualifications, the rules to be obeyed and other matters related with this subject
12、, the principles that should be followed by the foreign real or legal persons who want to make films about scientific researches in Turkey, or films with inspection and commercial purpose or by real or legal persons of Turkish nationality who make activities on behalf of these persons and the princi
13、ples of the co-production, which shall be made by real and legal persons of Turkish nationality and foreigners, shall be determined with the regulations prepared by the Ministry.Register and Record 5. The register and record of the works of art, which are the subject matter of production and import,
14、 shall be done by the Ministry and enterprise certificate shall be given before they are presented to collective distribution and display. This certificate can be bought by the person who produces the work of art or who has taken the copy, broadcast and display rights in domestic works of art; by th
15、e person who imports the work of art by taking the production, copy, distribution and display rights of the works of art from the person they belong to, by a contract, in works of art with foreign origin.It is obligatory that the banderole of the ministry and the owner of the enterprise certificate
16、shall be stuck on every copy of the work whose register and record has been done. The special sign of the owner of the enterprise certificate shall be used together with the Ministry banderole in records and audiocassettes. But, the Ministry shall not be responsible from this register and record bas
17、ed on the declaration of the producer and importer.Inspection 6. For the register and record of the works of art, an application shall be made to the Ministry with a declaration of which a copy of any size or form is enclosed and this declaration shall be taken as a base in the transactions. The min
18、istry determines the works of art that seem to be necessary or obligatory to be inspected, transfers them to the inspection committee and forms a sub commission of three persons that shall be determined with the regulations. The ministry can form more than one sub commissions or inspection committee
19、s with regard to the size of the work.The register and record of works of art that do not seem necessary or obligatory to be inspected and the works of art that have been determined as positive as a result of the inspection shall be done and enterprise certificate shall be given. The necessary amend
20、ments shall be made by the producer in the works of art that are determined to be amended by the committee and enterprise certificate shall be given with the register and record. The ones that are absolutely inappropriate to be presented to distribution and display shall be returned after all admini
21、strative and judgment transactions have been completed.The producers can request the Ministry to inspect the scenarios of the production if they wish. This inspection shall be made by the sub commissions. The inspection results of the works of art and the inspection results of the scenarios shall be
22、 declared to the related person in maximum 15 days. The inspection result shall be registered on the enterprise certificate of the works of art. If inspection is not necessary and obligatory, this matter shall also be registered on the enterprise certificate.The inspection committee forms from the r
23、epresentatives of the Ministry of National Education Youth and Sports, the General Secretariat of the National Security Council and the Ministry of Interior under the chairmanship of the representative of the Culture and Tourism Ministry. But, it is obligatory that one representative from the vocati
24、on union of Turkish cinema works of art and one from the vocation union of Turkish music works of art and one artist determined by the Ministry shall take position in the inspection committee. The producer of the work of art that is inspected can participate in the inspection committee as an observe
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