COMPENDIUM CULTURAL POLICIES AND TRENDS IN EUROPE
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Legislation for the Cultural Field: Monitoring Developments

 

Country

2004

2005

2006

2007

2008

Plans for 2009-2012

Albania

Code of Labour amended in 2004.

The Parliament passed amendments to the Laws on Copyright, Cinema and Museums.

Performing Arts Act passed in 2006 to replace controversial Theatre Act of 2000. Cultural Heritage Act was amended on 27 July 2006, which introduced the National Committee of National Heritage as an advisory body.

Draft of Albanian Digital Broadcasting Act prepared in cooperation with the Council of Europe and the European Commission. A new Higher Education Act was passed as a follow-up to the Bologna process.

Development of a new Act on libraries.

None reported

Austria

Amend-ments made to the Federal Law on Fixed Book Prices, the Private Radio Broadcasting Act and the "KommAus-tria" Act.

Amendment to Austrian Copyright Act introduced a resale right for artists.

No new laws introduced specific to the culture sector.

Plans to introduce new legislation to improve the tax benefits for sponsors of cultural events. Calls were made for a new Library Act including guidelines on content standards and services.

Amendment of the Law on Social Security Insurance for Artists.

 

Considera-tions about an amend-ment of the Restitution Act; Plans to amend the Monument Protection Law.

Azerbaijan

Law on the Protection and Development of Azerbaijan Carpet Art passed in 2004.

No new laws introduced specific to the culture sector.

The Law on Theatres and Theatre Activities was adopted by Milli Mejlis (National Parliament) in December 2006

No new laws introduced specific to the culture sector.

No new laws introduced specific to the culture sector.

 

Working on a new redaction of the Law "On Culture"

Belgium (Flanders)

No new laws introduced specific to the culture sector.

Two Decrees on arts subsidies and on the regulation of specific arts sectorsexpected tocome into force in 2006 and 2007 respectively.  A new heritage decree will replace existing legislation in 2006.

Heritage Decree adopted.

Museums are to submit 5-year policy plans.

Arts Decrees comes into force and will replace sector specific decrees and regulations.

Amendments in Arts decree, new Cultural Heritage Decree, Participation Decree, preliminary draft fir a new Circus Decree

None reported

Bulgaria

No new laws introduced specific to the culture sector.

Act to Amend and Supplement the Copyright and Neighbouring Rights Act was adopted in 2005 and includes changes in line with EU directives related to IPR and resale rights for visual artists.

Maecenas Law adoptedin 2005.

Copyright and Neighbouring Rights Act came into effect in 2006.

Law on Maecenas amended in 2006 to provide new opportunities for funding culture.

New cultural heritage law is being prepared.

Bill toamendthe Protection and Development of Culture Act being drafted. A Theatre Bill is also being drafted. Other laws being considered for monuments and for chitalishtes.

None reported

None reported

Croatia

Law on Cultural Councils passed in 2004.

Fierce debates on the proposed Theatre Law took place at the end of 2005.

Minor changes made to the Law on Electronic Media.

Work started on new Law on the Audiovisual Sector.

New Theatre Law came into force. Law on Author's Rights and Neighbouring Rights was amended. New law on Audiovisual Activities and on Electronic Media were passed which introduced improvements to anti-trust measures.

Amendment of Law on Institutions(NN 35/08), Amendment of the Law on Electronic Media (32/08), Law on adoption of Memorandum of understanding on MEDIA 2007 (NN MU 3/08)

Law on Electronic Media, to be passed in December 2009

Estonia

New Environment Protection Act and amendments to the Tax Law altering VAT rules and exemptions.

Act on Creative Artists and Creative Artists' Unions, January, 2005.

The National Library of Estonia Act, Copyright Act, the Income Tax Act and the Value Added Tax Act were amended in 2006. Additions made to Act on Creative Artists and Creative Artists' Unions.

The new Estonian National Broadcasting Act was passed in 2007, and replaces parts of the Broadcasting Act.

The government proposed in October 2008 an amendment to the VAT legislation, raising the VAT for books and periodicals to 9% instead of the previous 5%, and introducing the general VAT rate of 18% for all concerts and performances, instead of the previous 5% for some of them.

None reported

Finland

The Act on the Protection of Privacy in Electronic Communication (516/2004)

The new Act on the National Board of Antiquities (282/2004, original 31/1972

Amendment821/2005 of the Copyright Act (404/1961) precipitated by the Directive 2001/29/EC on the harmonisation of  certain aspects of copyright and related rights in the information society-During the long passing process Parliament also  ratified the WIPO Copyright Treaty and the WIPO Treaty on Performances and Phonograms

A main amendment 1071/2005 to the Act on Financing Education and Culture  which compensates in 2008-2010 to professional museums, theatres and orchestras the omission of inflation corrections in previous years.

Act on the  state grant-in-aid to private archives 1006/2006

Act on National Audiovisual Archive 1434/ 2007 expands the tasks of the earlier Finnish Film Archive by including radio and television programmes in the archival material.

Act on preserving and archiving cultural material 1433/2007 specifies the division of labour between different preservation and archiving organisations and the scope of their preserving tasks.

Amendment 1066/2007of the Theatre and Orchestra Act, which underlines artistic quality as a central dimension in defining professional organisations in these fields.

There are two relevant cultural policy issues, which will led to new legislation in Parliament's final sessions on the State budget for 2009. Financing the social security for artists and researchers, whose work is carried out by tax-free grants. In the same sessions the clause limiting non-national writers' and translators' right to apply for an receive library loan compensation grants will be mitigated; instead of stipulating continued living in Finland the requirement for the right will be "..work enriching Finnish cultural life"..

None reported

Georgia

Law on Broadcasting adopted in 2004.

Laws on Telecommunications, on Spatial Management and Urban Planning Principles and on State Control of Environment Protection were adopted in 2005.

A new Law on Public Theatres and a new Labour Code of Georgia were adopted in 2006.

A new Law on Cultural Heritage

None reported

None reported

Germany

Preparations for new reforms of Copyright Law began in 2004.

Federal Film Promotion Act came into force at beginning of 2004.

Proposals made to include a "cultural clause" or to include culture among the main goals of the state in the Federal Constitution.

Wage Agreement Law revised in 2005 which affects freelance artists.

Amendments to taxation law abolished tax shelters for film funds.

Controversial draft bill on copyright was submitted by the Federal Government.

The Law Against Limitations on Competition was amended in line with European legislation.

Copyright legislation was passed by the German Bundestag to fully implement the EU Directive on Copyright in the Information Society. Reforms were made to the Law on Non-profit Character and Donations.

None reported

None reported

Hungary

Film Law came into force as Act II/2004

Act LXXXVIII/2005 was passed and created the necessary legal environment and protection for public voluntary work, including culture.

The Company Act was amended in 2006 and provides a higher % of tax relief for the purchasing of contemporary artwork.

Preparations are being made for a law on theatres and theatrical activities to address issues of labour law as well as governance of theatres.

Act XCIX/2008 on Performing Arts covering

None reported

Ireland

No new laws introduced specific to the culture sector.

No new laws introduced specific to the culture sector.

Amendments to the Finance Act (2006) will effect investments made to film production companies and their projects.

A new Broadcasting Bill has recently been submitted for public consultation.

Consultations held on a new Broadcasting Bill that proposes to extend the public remit of the national broadcasting stations.

Broadcasting Bill

Review of National Archives Act 1986 and possible review of National Cultural Institutions Act 1997

Italy

"Gasparri Law" 112/2004 regulating the media sector is introduced. Other new laws passed on cinema (28/2004) and heritage (41/2004).

Amendments to copyright legislation on the distribution of films and audiovisual material protected by copyright on the web.

Amendments made to cinema law (164/2005).

A new law on television is being drafted.

New draft Amato Law on Citizenship.

Copyright law was amended to include droit de suite for visual artists.

Ad hoc commission set up to propose amendments to the Heritage and Landscape Codex.

Draft law on performing arts was not adopted, but an Agreement for cultural and performing arts activities among the Ministry, the State, the provinces and the municipalities was signed.

Amendments to the Heritage and Landscape Codex were adopted as was a new law on Publishing.

Tax incentives to increase private donations in the culture sector and incentives for investment in the film industry. The adoption of measures establishing a lending rights system is on the new government's agenda as well as a new law on radio and television. Three draft laws for the film industry are waiting parliamentary discussion on the creation of an arm's length agency for cinema, changes in the criteria to allocate state subsidies, increase in financial support.

None reported

Latvia

Adoption of new Law on Long-service pensions for performing artists employed by state and local government professional orchestras, choirs, concert organizations, circuses and theatres.

Tax amendments made to the Law on Income Tax for Enterprises and the Law on Public Benefit Organisations

New law passed to ratify the Framework Convention for the Protection of National Minorities.

New Law on The Song Festival is passed.

News laws on Architecture and Cinema being prepared.

New law on museums passed.

State Culture Monuments Foundation Law

Work continues on the law on the Status of Creative Persons and their Social Protection Framework.

Amendments in Copyright Law

Law on Architecture is under preparation.

Law on Film is submitted to Parliament.

New Law on Archives is prepared.

In preparation phase there are the following laws: the Law on Electronic Media,the  Law on Architecture and Law on Film.

 

FYR Macedonia

New laws for Protection of Cultural Heritage, for Museums, on Libraries and on Monuments and Commemorative Sites adopted by the Parliament.

Law for a Macedonian Film Fund being prepared.

New Broadcasting Law is under preparation.

Law on the Film Fund was adopted in May 2006 and will be put into effect in 2008.

Law for Protection of Cultural Heritage was amended in line with EU standards. Public and Parliamentary debate over the Government's proposal to change the Law on Electing Representatives in the Assembly of the Republic of Macedonia and give the Diaspora the right to vote.

The new Retirement Law raised the age of retirement for ballet dancers by 10 years.

Implementation of 3 new laws: on Free Access to Public Information, on Safety of Classified Information and on Protection of Personal Data.

Law on Audiovisual Goods

New Law on Copyright and Related Rights in preparation

Moldova

Law on Dual Citizenship modifies the Law on Citizenship.  Amendments to the Law on Theatres, Circus and Performing Art Organisations.

No new laws introduced specific to the culture sector.

Draft law on a national "Cultural Foundation of Moldova" was prepared.

Draft laws referring to art education were elaborated.

Six draft laws presented on tourism activities; on libraries; on cinema; on historical and cultural monuments; on archaeological heritage protection; on artist's organizations and artists status.

Projects of Laws on the creation of following two National Tourist Zones: Criuleni and Soroca"

Information not available yet. Changes are likely to occur due to new government policies.

Netherlands

Law adopted to continue the fixed book price system in the Netherlands.

No new laws introduced specific to the culture sector.

Amendments to the Tax Law went into force at the beginning of 2006 which states that charitable institutions are no longer taxed on money they receive from inheritance funds.

None reported.

None reported

None reported

Norway

No new laws introduced specific to the culture sector.

Amendments to the Copyright Act went into force on the protection of technological measures and rights-management information.

No new laws introduced specific to the culture sector.

New Culture Act was passed. Parliament adopted a resolution for 2008 to become the Year of Cultural Diversity.

None reported

None reported

Poland

Amendment on programming quotas made to the Broadcasting Act.

National and Ethnic Minorities and Regional Languages Act was adopted.

Draft bill on Cinematography elaborated in 2005 was voted down by Parliament.

 

Amendments to the Broadcasting Act came into force in early 2006.

Amendment of the Act on Museums was accepted in May 2007.

Amendment of the Act on Conducting and Organising Cultural Activity in order to provide the possibility to introduce boards of trustees in public cultural institutions

None reported

Portugal

New Framework Law on Portuguese Museums(Law 47/2004).

New Law on Audiovisual and Cinematographic Art (Law 42/2004)

None reported.

Programme to Reorganise the Central Government Administration (Decree-Law 215/2006)

New Organic law for the Ministry of Culture

National Reading Plan (Council of Ministries Resolution n 86/2006)

New Television Law (Law 27/2007) that stipulates quotas for broadcasting creative works in Portuguese language.

Investment Fund for Cinema and Audiovisuals (FICA) (Order n. 277/2007).

Resolution of the Council of Ministers 63/2008 setting up the INOV - ART programme which aim to help those involved in cultural sector, particularly young people up to the age of 35, to obtain skills by attending one of the 200 sponsored training programmes abroad.

Council of Ministers Resolution n. 188/2008- Strategy for recognition and promotion of Portuguese Language

Resolution of the Council of Ministers 70/2009  

Programme for rehabilitation of the classified cultural heritage (Public-private partnership).

Romania

Copyright and Neighbouring Rights Act amended in 2004.

Law adopted on public institutions for theatrical and musical shows.

New law passed for freelance interpreters and performing artists.

Proposed new cinema law under parliamentary debate. Law on the promotion of written culture was amended. Several laws adopted on performing arts events and institutions.

Amendments were made to the Audiovisual Law in 2006 to bring it in line with the EU regulations.

None reported.

None reported

None reported

Russia

Law on Archive Affairs in the Russian Federation.

Law on Creative Workers in Literature and Arts and on their Creative Unions in adoption process.

Draft Law on Maecenats and Maecenat continues to be under discussion.

Laws on Personal Data Protection, Information Systems, Protection of Information, on Advertising, ‘On Autonomous Organisations, and the Law on Formation and Use of Endowment by the Non-commercial Organisations were adopted in 2006. Full enforcement of the laws ‘On General Principles of Organising Legislatures (Representative) and Executive Authorities of the Subjects of the Russian Federation' and ‘On General Principles of Organising Local Self-Government in the Russian Federation' .  

Amendments made to the Law on Advertising. Ministry for Culture and Mass Communications working on a draft law on culture and is to submit a draft Law on Public Broadcasting.

The Civil Code provisions substituted laws on intellectual property and authors' rights.

Legislation on e-libraries.

None reported

San Marino

No new laws introduced specific to the culture sector Social security frameworks:

-Reforming Law on the Social Security System;
- Law on Complementary Social Security;
-Law Promoting, Supporting and Developing Employment and Training n.131;
-Single Text on Industrial Property n.79 and subsequent amendments introducing some changes with regards to patents;
-Memorandum of Understanding signed with the Austrian Patent Office;
-Law no. 147 List of Artifacts and Buildings having Monumental importance;
-Law no. 79 Single Text on Industrial Property (amended in July 2005)
-Law on Electronic Documents and Digital Signatures no.115

None reported.

-In February the Revised European Charter on the Participation of Young People in Local and Regional Life is adopted. It refers to "cultural diversity" and "intercultural dialogue".
-In July the Framework Law for the Implementation of Youth Policies meets the need to plan suitable initiatives aimed at favouring the full and free development of young people's personality at cultural, social and economic levels.
-San Marino announces its intention to join the Bologna Process.
-In March the Agreement on radio and television cooperation is signed between Italy and San Marino.

-In April the Congress of State (Government) accepts to work on a new draft law to support and foster voluntary work, "expression of participation, solidarity, social pluralism, instrument of socialization, integration and cultural growth of society".

-In May the Great and General Council (Parliament) examines in first reading the law regulating the world of publishing and the profession of journalists.

-In June the Agreement on the Cooperation in Bibliographic Services is signed between the Republic of San Marino and the Italian Ministry of Cultural Heritage and Activities, which allows our libraries to become part of the Italian national library system. In October 2008, the Agreement between the San Marino Department of Education and Culture and the Institute for Artistic, Cultural and Natural Goods of the Emilia Romagna Region is signed in order to become part of the Network of Libraries of the Emilia Romagna Region.

-In July San Marino is included in the  UNESCO World Heritage List.

-the San Marino site inscribed in 2008 on the World Heritage List represents a point of excellence of the cultural, landscape and natural heritage of the territory, to be preserved for the benefit of all humanity. With a view to guaranteeing, its effective enhancement and protection, while respecting the values of authenticity and integrity recognised by UNESCO, Law n. 133 (Framework Law on the protection, management, enhancement and promotion of the property "Historic Centre of San Marino and Mount Titano") is passed in September.

-another agreement signed between RAI and San Marino RTV in October concerns the technical quality of services, computerised television and radio production and new technological platforms, mainly aimed at interactivity, in order to improve television services offered to citizens.

-In March, San Marino joins the European Patent Organisation by signing and ratifying the European Patent Convention.

Serbia

Law on Access to Public Information was approved. New Library Law being drafted.

New Law on the Rights of Self-employed Artists did not pass in 2005.

Draft to amend the Law on Activities of General Interest in the field of Culture. Income Tax Law was amended in 2006.

Drafting continues on new Library Law andnew Law on Cinematography.

New legislation for self-employed artists is currently being debated.

New Association Law and new University Law passed in 2006.

Several new draft laws were introduced by the Ministry of Culture in Serbia on: Special Awards for Artistic Excellence; Cinema; Immovable Cultural Heritage; Funds and Foundations; and Museums. A new Theatre Law is being prepared.

None reported

Law on Culture, adopted.

In preparation:

Law on Archive Documentation and Archive Sector;

Law on Foundations and Endowments

Law on Old and Rare Library Materials

Law on Legal Deposit

Law on Immovable Cultural Heritage

Law on Museum Heritage

Law on Forbidden Grouping of Ownership of Public Media

Slovakia

New version of the Act on the Slovak Television (national public TV broadcaster).

Amendment to the Act on State Economic Securing of Churches and Religious Societies (primary passed in 1949).

Amendment to the Act on Returning of Illegally Exported Cultural Entities (primary passed in 2002).

Amendment to the Act on Broadcasting and Retransmission (primary passed in 2000).

Amendment to the Act on the Slovak Television.

Amendment to the Act on the Slovak Radio (primary passed in 2003).

New version of the Audiovisual Act.

Act on Digital Broadcasting.

Amendment to the Copyright Act (primary passed in 2003).

Act on the Slovak Audiovisual Fund (approved).

Act on periodical press (new version approved).

Act on public financing of culture (new).

Act on fees for public service media (new version approved).

Act on the Slovak Press Agency (approved).

Act on preservation of immaterial cultural heritage (new).

Amendment to the Act on Preservation of Cultural Monuments. Open treaty between State and public service TV and radio for long-term sustainability of public service broadcasting.

None reported

Slovenia

Copyright and Related Rights Act amended in 2004 to bring it in line with EU legislation.

Act on Public Usage of Slovenian Language was passed.

Amendments made to the Mass Media Act regarding ownership control and quotas.

New version of the Law on the National public Service Broadcaster adopted in 2006. Amendments made to the Copyright Act regarding collective management systems.

New version of the Protection of Documents and Archives  and Archival Institutions  Act; the new version of the Legal Deposit of Publications.

Employment Relationship Act

New version of the Law on Income Tax 2007 entails some changes which will impact the cultural sector. The new version of the Act on Local Finances means that the state shall stop funding cultural institutions of broader local importance no later than 1 January 2009. A new Act on the Public Agency for Books was adopted.

New version of the Cultural Heritage Protection Act

None reported

Spain

Royal Decree 1601/2004which establishes the Structure of the Ministry of Culture.

No new laws introduced specific to the culture sector.

- New Intellectual Property Act adopted in 2006.

- State Radio and Television Act passed in 2006.

- New Reading, Books and Libraries Act.

- New Cinema Act.

- Royal Decree 1132/2008 which establishes the Structure of the Ministry of Culture.

- Royal Decree 2062/2008, which develops many aspects listed in the Cinema Act.

- Royal Decree 2063/2008 which adapts the ISBN rules to the new concept of book set in the Reading, Books and Libraries Act.

- Order CUL/64/2008, which establishes and regulates the Artistic Council of the National Music Auditorium.

- Order CUL/814/2008, which establishes and regulates the State Council of the Performing Arts and Music.

- Act on resale rights for the benefit of the author of an original work of art.

- Proposal for a new Historical Heritage Act.

- Proposal for a new Archives Act.

- Proposal for a Performing Arts and Music Act.

 

 

- Royal Decree 1305/2009, that creates the Network of Museums in Spain

- Draft of a Ministerial Order which regulates the aids to the film sector.

- Draft of the new Historical Heritage Act.

Sweden

No new laws introduced specific to the culture sector.

Amendment to the Public Library Act.

Proposals made to prepare a new Swedish Language Act.

Announcement made that a new Swedish Language Act will be prepared.

None reported

None reported

Switzerland

Decree on the Swiss Film Prize.

Decree on the International Transfer of Cultural Property.

Foundation Law came into force on January 1, 2006

The new Decree on Film (Promotion) has been in force since beginning 2006

New Language Law adopted by Parliament as was a new Museum Law and Radio and Television Law.

Abolishment of the fixed price system in May 2007.

Swiss Lottery Law still under revision.

Law on Cultural Promotion Law on Pro Helvetia

to be submitted to Parliament in 2008.

None reported

Ukraine

Amendment to the Law on Protection of Cultural Heritage. New laws on the Preservation of the Archaeological Heritage and on Touring.

Law on Theatre and Performing Activities was signed in 2005.

The Law on the Ratification of the Agreement on the Displacement of Cultural Values was adopted in 2005.  Several new laws were drafted relating to cultural heritage protection.

Resolution adopted On Banning the Closure of Social and Cultural Institutions in Rural Areas.

Draft Law on Film waiting adoption. Draft Law on Museums was elaborated.

Draft Law on Arts Patronage under public discussion.

Draft Law on Intellectual Property Rights includes copyright provisions.

Amendments to the Law of Ukraine On Libraries, Draft Law on Culture, Draft Law on Arts Patronage.

Amendments to Law on Cultural Heritage

Ratification of UNESCO Convention on Cultural Diversity.

United Kingdom

No new laws introduced specific to the culture sector.

Freedom of Information Act 2000 came into force in 2005 with implications for museums.

National Lottery Act 2006 receives Royal Assent.

Culture Bill for Scotland is currently in the drafting stage.

A new tax credit for film production came into law with the passing of the 2006 Finance Bill.

EU Directive which harmonises droit de suite for visual artists was implemented in 2006.

New library legislation will be introduced in Northern Ireland in 2007.

None reported

None reported

Source:      Council of Europe/ERICarts Compendium of Cultural Policies and Trends in Europe, 14th edition 2013.