The Act on Establishing Ministries and other Central Administrative Bodies, dating from 1969, clarifies the responsibilities of the Ministry of Culture (see also chapter 1.2.2).
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 4.1.2).
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 (https://portal.gov.cz/obcan/).
Table 4: List of conventions and other international legal instruments related to culture
|Title of the act||Year of adoption in CR|
Agreement for Facilitating the International Circulation of
Visual and Auditory Materials of an Educational, Scientific and Cultural
Beirut, 10.12. 1948
No. 101/1998 Coll.
|Agreement on the Importation of Educational, Scientific and Cultural Materials with Annexes A to E and Protocol annexedFlorence, 17.6.1950 and Nairobi, 26.11.1976||
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|
No. 12/1965 Coll.
Convention Concerning the Exchange of Official Publications and Government Documents between States|
No. 12/1965 Coll.
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations|
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|
No. 15/1980 Coll.
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms|
No. 32/1985 Coll.; CR since 1993
Convention concerning the Protection of the World Cultural and Natural Heritage|
No. 159/1991 Coll.
Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties|
|CR since 1993|
Convention relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite |
|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|
No. 39/2009 Coll.
Convention on the Protection and Promotion of the Diversity of Cultural Expressions|
Paris, 20.10. 2005
No. 93/2010 Coll.
|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|
|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
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
No. 57/2004 Coll.
|European Convention on the Protection of the Archaeological Heritage, Valleta, 16.1.1992||
No. 99/2000 Coll.
|Convention for the Protection of the Architectural Heritage of Europe, Granada 3.10. 1985||
No. 73/2000 Coll.