COMPENDIUM CULTURAL POLICIES AND TRENDS IN EUROPE
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The current government's agenda includes preparation of legislation on public institutions in the field of culture.

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Czech Republic/ 5.2 Legislation on culture  

The Act on Establishing Ministries and other Central Administrative Bodies, dating from 1969, clarifies the responsibilities of the Ministry of Culture (see also chapter 3.2).

Regulations were created to apply to the field of culture in general, and not to focus specifically on one discipline, and introduced under Act No. 203/2006 Coll.on Some Kinds of Cultural Support and Amendments to Related Regulations. This Act defines the term "public cultural service" and it covers some kinds of state support, e.g. it specifies the newly introduced term "contribution for creative and study purposes", which enables selection procedures for scholarships for artists and allows state guarantees for borrowed objects that had hitherto been lacking in the Czech legal system. The Act also defines state funded organisations in the field of culture and it allows their establishment, division, merging or cancellation. It describes the process of insurance of property borrowed by a state-funded organisation for exhibition purposes.

There is no specific legislation to which the formation of cultural policy is subject. Financing for cultural organisations and a procedure for business entities and individuals are defined by the budget rules of the Republic (see also chapter 5.1.3).

There is no specific legislation which defines what an artist is.

The current government's proposed agenda for 2015 and 2016 includes the preparation of legislation on public (non-commercial) institutions in the field of culture. This act should fundamentally transform the environment in which cultural semi-budgetary organisations and organisations at the lower administrative level operate. The new legislation should seek to:

  • enable multiple subjects in public administration to jointly establish institutions;
  • enable a balance between political and professional responsibility for the management of an institution and thereby increase the effectiveness and quality of its management – for example, statutory bodies should be appointed and dismissed according to precisely defined rules by their administrative boards;
  • ensure funding in a medium-term outlook and the autonomous use of funds and reserves;
  • make it possible to optimise the tax status of institutions; and
  • enable the creation of a sensible system for organising and awarding public commissions and tenders.

Table 3:    List of existing cultural legislation

Title of the act

Year of adoption

Act on the Establishment of Ministries and Other Central Bodies of State Administration of Czechoslovakia

Act No. 2/1969 Coll.

Act Abolishing Certain Legal Regulations in the Culture Sector

Act No. 165/1992 Coll.

Act on Certain Forms of Support for Culture and on an Amendment to Certain Related Acts

Act No. 203/2006 Coll. as amended in Act No. 227/2009 Coll.

Act on Copyright and Rights Related to Copyright (Copyright Act)

Act No. 121/2000 Coll., as amended

Act on the Collective Management of Copyright and Rights Related to Copyright

Act No. 237/1995 Coll. as amended in Act No. 121/2000 Coll.

Act on the State Cultural Fund of the CR

Act No. 239/1992 Coll., as amended

Act on Audio-visual Works and Support for Cinematography (Audio-visuals Act)

Act No. 496/2012 Coll.

Government Regulation on Awards in the Culture Sector Handed Out by the MC

Government Regulation No. 5/2003 Coll., as amended

Act on the National Gallery in Prague

Act No. 148/1949 Coll.

Decree of the President of the Republic on the Czech Philharmonic Orchestra

Decree No. 129/1945 Coll.

Act on State Heritage Conservation

Act No. 20/1987 Coll., as amended

Act on the Protection of Museum-type Collections

Act No. 122/2000 Coll., as amended

Act on the Sale and Export of Objects of Cultural Value

Act No. 71/ 1994 Coll., as amended

Act on the Return of Illegally Exported Cultural Goods

Act No. 101/2001 Coll., as amended

Act on the Export of Certain Cultural Goods from the Customs Territory of the European Communities

Act No. 214/2002 Coll., as amended

Act on Non-periodical Publications

Act No. 37/1995 Coll., as amended

Act on Libraries and the Conditions of Operating Public Library and Information Services (Library Act)

Act No. 257/2001 Coll., as amended

Act on the Rights and Obligations Attached to the Publication of Periodic Press (Press Act)

Act No. 46/2000 Coll., as amended

Act on the Conditions of the Production, Distribution, and Archiving of Audio-visual Works

Act No. 273/1993 Coll., as amended

Act on Radio and Television Broadcasting Operations

Act No. 231/2001 Coll., as amended

Act on Czech Television

Act No. 483/1991 Coll., as amended

Act on Czech Radio

Act No. 484/1991 Coll., as amended

Act on the Czech Press Agency

Act No. 517/1992 Coll.

Act on the Dissolution of Czechoslovak Radio, Czechoslovak Television and the Czechoslovak Press Agency

Act No. 597/1992 Coll.

Act on Certain Arrangements in the Field of Radio and Television Broadcasting

Act No. 36/1992 Coll.

Act on Radio and Television Fees

Act No. 348/2005 Coll., as amended

Act on Audio-visual Media Services on Demand

Act No. 132/2010 Coll., as amended

Act on the Protection of Certain Services in the Area of Radio and Television Broadcasting and Information Society Services

Act No. 206/2005 Coll., as amended

Act on the Amendment of Certain Legislation in Connection with the Introduction of Basic Registers

Act No. 142/2012 Coll. as amended in Act No. 186/2013 Coll.

The full texts of the relevant legislation are available from the Public Administration Portal (http://portal.gov.cz/wps/portal/_s.155/6966/_s.155/699/place).

Table 4:    List of conventions and other international legal instruments related to culture

Title of the act

Year of adoption in CR

UNESCO

 

Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character
Beirut, 10.12. 1948

1997
No. 101/1998 Coll.

Agreement on the Importation of Educational, Scientific and Cultural Materials with Annexes A to E and Protocol annexed
Florence, 17.6.1950 and Nairobi, 26.11.1976

1997
No. 102/1998 Coll. And
No. 103/1998 Coll.

Universal Copyright Convention
Geneva, 6.9.1952 and Paris, 24.7.1971

Czechoslovakia1960 and 1980
No. 2/1960, No. 16/1960 and No. 134/1980 Coll.; CR since 1993

Convention for the Protection of Cultural Property in the Event of Armed Conflict
The related Protocol and the Second Protocol on the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
Den Haag, 14.5.1954; Den Haag, 26.3.1999

1958 and 1997; 
No. 94/1958 Coll. and No. 71/2007 Coll.

Convention Concerning the International Exchange of Publications
Paris, 3.12.1958

1965
No. 12/1965 Coll.

Convention Concerning the Exchange of Official Publications and Government Documents between States
Paris, 3.12.1958

1965
No. 12/1965 Coll.

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Rome 26.10.1961

Czechoslovakia 1964
No. 192/1964 Coll.; CR since 1993

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
Paris, 14.11.1970

1980
No. 15/1980 Coll.

Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms
Geneva, 29.10.1971

Czechoslovakia1985
No. 32/1985 Coll.; CR since 1993

Convention concerning the Protection of the World Cultural and Natural Heritage
Paris, 16.11.1972

1991
No. 159/1991 Coll.

Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties
Madrid, 13.12.1979

CR since 1993

Convention relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite
Brussels, 21.05.1974

The CR is not yet a party to the Convention

Convention on the Protection of the Underwater Cultural Heritage
Paris, 17.10. 2003

The CR is not yet a party to the Convention

Convention for the Safeguarding of the Intangible Cultural Heritage
Paris, 17.10.2003

2009
No. 39/2009 Coll.

Convention on the Protection and Promotion of the Diversity of Cultural Expressions
Paris, 20.10. 2005

2010
No. 93/2010 Coll.

WIPO

 

Berne Convention for the Protection of Literary and Artistic Works dated 8.9.1886 (Paris Revision 1971)

Czechoslovakia 1921; CR since 1993

International Convention on the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, concluded in Rome on 26.10.1961

Czechoslovakia 1964; CR since 1993

Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms, agreed in Geneva on 29.10.1971

Czechoslovakia 1985; CR since 1993

Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, agreed in Brussels, 21.5.1974

The CR is not yet a party to the convention

WIPO Copyright Treaty (Geneva 1996)

2002

World Organization of Intellectual Property (WIPO) Performances and Phonograms Treaty

(Geneva 1996)

2002

WTO

 

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), Annex 1C to the Agreement Establishing the World Trade Organisation, from 15.4.1994

since 1996, and 2000

Council of Europe

 

European Cultural Convention
Strasbourg 19. 12. 1954

The CR became a party to the Convention on the date of accession to the Council of Europe 1.1. 1993

European Convention on Cinematographic Co-Production
Strasbourg 24. 2. 1997

1997
No. 26/2000 Coll.

European Convention on Transfrontier Television
Strasbourg, 5. 5.1989;
Protocol amending the European Convention on Transfrontier Television, Strasbourg, l. 10. 1998

2004
No. 57/2004 Coll.

European Convention on the Protection of the Archaeological Heritage, Valleta, 16.1.1992

2000
No. 99/2000 Coll.

Convention for the Protection of the Architectural Heritage of Europe, Granada 3.10. 1985

2000
No. 73/2000 Coll.


Chapter published: 28-01-2016

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