Decree of the Ministry of Education and Culture No. 112 / 1960 Coll.
Decree on the establishment and operation of sets of professional musicians and sets of folk musicians
Valid
Effective from 01.08.1960
112
DECLARATION
Ministry of Education and Culture
of 8 July 1960
on the establishment and operation of sets of professional musicians and sets of folk musicians
The Ministry of Education and Culture shall, in agreement with the participating central authorities and bodies pursuant to § 6 (3) and § 15 of Act No. 81 / 1957 Coll., on Concert and Other Music Activities (hereinafter referred to as "the Act") and § 10 (2) of Government Decree No. 60 / 1959 Coll., on the scope of planning, production and price control:
Professional music files
(1) Establish sets consisting of musicians who publicly perform musical works with or without text as their principal occupation (hereinafter referred to as "ensembles of musicians from the profession"), the Music and Theatre Agency in Prague (in Slovakia Concert and Theatre Office in Bratislava) and the regional enterprise for film, concerts and estrates (hereinafter referred to as "Regional Enterprise") is entitled.
(2) The negotiation of public musical productions of sets of professional musicians and the level of remuneration for the mediation of such productions are governed by specific provisions. *)
Files of folk musicians
Only:
(a) awareness-raising facilities of national committees;
(b) a unified trade union organisation, its components and facilities;
(c) other social organisations;
(d) single agricultural cooperatives;
(e) production and consumption cooperatives; and
(f) other organisations authorised by the Ministry of Education and Culture to do so;
where the activity of the file may assist in the performance of the awareness-raising tasks.
(1) An organisation authorised to establish a set of folk musicians is required to seek the approval of the district national committee responsible for the establishment of the ensemble prior to the establishment of the ensemble. In a written request for consent, the organisation shall indicate who it intends to appoint as the head of the file (§ 7) or, where applicable, its representative, the name, surname and other personal data of all members of the future file, its name, artistic orientation, repertoire and, for the ensemble which is still engaged in musical activity exclusively as a collective of interest artistic activities, as well as evidence of its existence.
(2) The District National Committee will decide on the application taking into account the social needs of its district and after finding out whether the ensemble has the necessary idea and artistic standards, as well as after reviewing the management's qualifications.
(3) The decision referred to in paragraph 2 shall be taken by the district national committee on the basis of the result of the examination before the qualifying committee established by it; the decision shall also contain the names, surnames and other personal data of all the persons who have been tested and, if the request is granted, the member of the group responsible for his or her management, representing the manager where appropriate, and the inclusion of the file in one of the three qualification stages for the purpose of remuneration of his or her members under the relevant rules. 1)
(4) If the artistic level of a set of folk musicians changes substantially, the organisation that set up the set shall submit a request to the district national committee for the examination of the file. The organisation shall also submit such a request within the time limit set at the invitation of the District National Committee. The application shall contain the particulars referred to in paragraph 1. If the application is not submitted within the prescribed time limit or if it is made in time, but the file is not subjected to the qualification test without cause or success within the prescribed time limit, the District National Committee shall withdraw its consent to the establishment of a set of folk musicians and shall not allow the ensemble to carry out any further activity for consideration. A set of folk musicians can be reassigned to another qualification degree for the purposes of honoring its members only on the basis of a newly performed examination.
(5) The District National Committee shall keep a register of the sets of folk musicians for which it has given its consent.
(1) Organizers of public musical productions (hereinafter referred to as "organisers") may negotiate the performance of a set of folk musicians, with the exception referred to in paragraph 2, directly with their manager, after prior agreement of the organisation which set up the ensemble (§ 2); The organisers may request the regional undertaking concerned to arrange these speeches (§ 6 (1) and (2) of the Act).
(2) If the performances of folk musicians are to be repeated more often than three times a week for the same organizer or at the same workplace, the organisation that set up the ensemble is obliged to request their negotiation by the respective regional enterprise, which, in agreement with the Music and Theatre Agency in Prague, Slovakia, is obliged to request their negotiation with the Concert and Theatre Office in Bratislava.
(3) The District National Committee shall keep a record of all public appearances of groups of folk musicians operating within its jurisdiction.
(1) In order to mediate the performance of folk musicians, it is for the intermediate organization to pay 4% of the remuneration of folk musicians. The payoff goes to a folk musician whose performance has been facilitated.
(2) In addition to the remuneration of members of a set of folk musicians, the organisation which set up the ensemble is entitled to request from the organizational and methodological activity of 10% of the royalties of folk musicians; A fifth of this contribution belongs to the competent district lighting house.
Common provisions
(1) A folk musician may exceptionally be a member of a set of professional musicians. However, if it is already a member of a group of folk musicians, it is necessary to include it in the set of musicians from the profession of consent of the organization which established the set of folk musicians.
(2) A concert artist or professional musician may, with the permission of his employer, be a member of a group of folk musicians.
(1) The organisation which set up the file shall be responsible for all the activities of the file. It is required to appoint from among the members of the ensemble a manager who is responsible for the ideal and artistic level of the ensemble, for the precise registration of the members of the ensemble, for compliance with the principles of government wage policy and for the proper payment of all taxes *) and fees (§ 5). The manager manages the file in an idea and artistic way and must therefore have the necessary qualifications.
(2) The activities of the files shall be supervised in particular by the Regional National Committees. The identified defects in the operation of the files shall be notified to the organisation which set up the file; in the event of more serious defects, the district national committee may withdraw the consent of the set of folk musicians.
Transitional and final provisions
(1) Files of professional musicians established under the regulations previously in force shall be considered as sets established under this Decree.
(2) An organisation which has set up a set of folk musicians before the Decree is effective shall notify the district national committee responsible pursuant to Article 3 within 30 days of the date of its application that it intends to continue to operate under the provisions of that decree. such notifications shall be decided by the district national committee as well as requests for consent to the establishment of the file (§ 3 (2)).
(3) If the obligation referred to in paragraph 2 is not fulfilled, the competent national committee may refuse the authorisation of public music production on which such a set of folk musicians should act. * *)
An organisation which has set up a set of folk musicians before 1 January 1982 shall be required to request the District National Committee's approval before 31 March 1982 for further activities of a set of folk musicians. When deciding on this application, the Regional National Committee shall act mutatis mutandis in accordance with Article 3 (4).
(1) They are repealed.
1st Order of the Ministry of Information No 1446 / 1948 Ú. l. I, which sets the rates of the benefits collected by the Music and Artistic Centre in Prague,
2. Decree No. 54 / 1952 of the Ministry of Information and Information on the Establishment and Management of Music Files.
(2) Government Decree No 40 / 1959 of the Ú. l., on the award of works and services by socialist organisations to individuals, remains unaffected.
This Decree does not apply to sets of armed forces; takes effect from 1 August 1960.
Minister:
Kahuda v. r.
*) See Decree No 89 / 1958 of the Ministry of Education and Culture Ú. l., which provides for compulsory mediation for certain fields of artistic activity and Decree No 132 / 1958 Ú. l., on the amount of the price of services in the field of concert and other musical activities, in the field of estrad and artistic productions and in the field of theatre activities.
*) See Ministry of Finance Order No 244 / 1956 Ú. l., on certain measures in the field of payroll tax, supplemented by Decree No 111 / 1957 Ú. l.
* *) Under Decree No. 99 / 1958 Ú. l., on the authorisation of public concert and other music productions, public production of estradic and artistic entertainment, folk entertainment companies, certain theatre performances, exhibitions, lectures and film performances and on the exclusive authorisation of copyright protection organisations.
1) Decree of the Ministry of Culture of the Czech Socialist Republic No. 110 / 1981 Coll., on the modification of rewards for music activities performed by members of the ensemble of folk musicians.
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Regulation Information
| Citation | Decree of the Ministry of Education and Culture No. 112 / 1960 Coll., on the establishment and activity of sets of musicians from the profession and sets of folk musicians |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.07.1960 |
|---|---|
| Effective from | 01.08.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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