Decree of the Ministry of Education and Culture No. 149 / 1961 Coll.
Decree of the Ministry of Education and Culture on the purchase, award and sale of works of Fine Arts and on certain other measures in the field of Fine Arts
Valid
Effective from 01.01.1962
149
DECLARATION
Ministry of Education and Culture
of 12 December 1961
on the purchase, award and sale of works of Fine Arts and on certain other measures in the field of Fine Arts
The Ministry of Education and Culture provides in agreement with the participating ministries pursuant to § 1 of Act No. 272 / 1949 Coll., on the management of production and distribution in the field of the Ministry of Information and Information:
Purchase, entering and selling works of fine arts
(1) Originals of works of art (paintings, sculptures, graphics, works of art used), as well as so-called authors' copies of these works within the scope of the implementing provisions of the Turnover Tax Act *) (hereinafter referred to as "works of art") may be sold, unless otherwise provided for:
(a) authors of such works or their heirs;
b) Czech Fine Arts Fund, Slovak Fine Arts Fund in Slovakia and their enterprises and regional components (hereinafter referred to as "funds");
(c) national enterprises, state-owned enterprises, local industry and municipal economy, folk cooperatives of consumer and other socialist organisations, authorised to purchase and sell works of fine arts;
(d) owners of such works, provided that their sales are not made by business.
(2) Only authorised publishers may issue flat and plastic copies of works of fine arts and sell only persons authorised to distribute such copies.
(3) Socialistic organisations engaged in the purchase and sale of works of art - with the exception of special stores of the state distribution network of the jewelry, clock and antiques trade - can only sell or receive to the Commission those works of art of living authors, with the exception of works of architectonic which supply them with funds.
(1) The central authorities and authorities, national committees, businesses, folk cooperatives, other budgetary, economic, social and other socialist organisations (hereinafter referred to as "organisations") may purchase works of the art of living authors, with the exception of works of architectural, for their own use - unless other regulations are limited to the purchase - exclusively from the funds, and with the exception of the award of proposals for works of art used (Sections 4 and 5) only through the creation of such works;
(2) In view of the need for a continuous increase in the culture of the environment, organisations plan, within the framework of their normal plans and budgets, annual and forward-looking plans for the purchase of fine arts works and establish the way in which they are used and located. * *)
(3) The planning, selection and purchase of works of art are discussed and carried out by organisations in cooperation with their basic organizations KSČ, ROH, or ČSM.
(4) After approval of the plans and budgets, the organisation shall notify its requirements under paragraph 2 of the works of the art of the living authors, both finished and to the works to be created, to the relevant Regional Secretariat of the Fund. The headquarters of the funds in Prague or Bratislava will announce their requirements as regards the region of Central Bohemian or West Slovakian, as well as whenever the work of wider social reach * * *) requires greater financial costs. They shall also communicate for information the amount they plan to purchase these works.
(5) The funds record significant works of fine art from the initiative of artists, ensure the purchase, award and creation of new works of art, provide artists with information on the requirements of organisations and concentrate according to these requirements on regular agreed dates in regional and, where appropriate, district cities of fine art works approved and recommended for social use by the artistic committees of the funds. In cooperation with the competent authorities of the Association of Czechoslovak Artists and the Association of Architects of the CSSR, the funds provide the organizations with consultations and advisory services.
(6) When purchasing and entering works of art, the organisation must respect the principle of highest economy. Purchases must not be made at the expense of the planned tasks of investment construction and at the expense of the care of the basic funds. In the case of state organisations, the cost of such actions shall be borne by means of appropriations for decentralised investment. +) National Committees can also use the funds from their additional budgets to buy art works. + +)
(7) The provisions of the preceding paragraphs shall also apply where the organisation chooses originals of works of fine arts directly in the studio of artists or at their exhibitions.
(8) The provisions of the previous paragraphs - with the exception of paragraphs 3 and 6 - do not apply to the Ministry of Education and Culture, the Slovak National Council - the Department for Education and Culture, the National Gallery, the Slovak National Gallery and their branches, the galleries and other public collections of works of art governed by national committees † †) and the Museum of Arts; the purchase of art works by such organisations is carried out by a purchasing commission appointed by the Ministry of Education and Culture (Slovak National Council - Department for Education and Culture) or by the relevant national committees.
(1) The sale of works of fine arts by authors, their family members or heirs shall not be carried out in the form of door-to-door trade or private agent or in any other undignified manner, even in connection with the organisation of the exhibition.
(2) The commercial activity of the so-called art collectibles, developed either by the members of such collectibles or through their commercial representatives and other private intermediaries, is inadmissible.
Subscribing proposals for art works used
(1) Proposals for the solution of art tasks associated with exhibitions and fairs - with the exception of project works - also with the art recruitment and promotion activities, designs for works of used graphics (posters, packaging, labels, so-called pilgrims, etc.) and book illustrations need not be commissioned by the organisation through funds, provided that:
(a) for their assessment, organisations are set up in cooperation with the Association of Czechoslovak Artists of the Arts Commission (§ 6-9);
(b) in the case of publishing houses and book business enterprises, editorial boards or approval boards shall be added to the Union of Czechoslovak Artists for its members;
(c) they are created for internal use by organisations by their own professional staff.
(2) The client can only enter a proposal by written contract which specifically defines the task. They shall never include in the framework tasks determined by species alone.
(1) Organisations dealing with the mass production of copies of works of art used (storage, ceramics, porcelain, clothing and decoration textiles, clothing, household textiles. carpets, leather products and fashion accessories, furniture and articles of wood, lighting fittings, machinery, tools, utility consumer goods of metal or artificial and new materials, toys, souvenirs and gifts, jewellery, jewellery, jewellery, calendars, albums and other paper assembly, etc.) may enter and reproduce designs for these works according to the design of external artists or even their own staff without the intermediary of funds when designs (models, prototypes) are approved by the artistic commission.
(2) Paragraph 4 (2) applies mutatis mutandis.
Arts Commission
(1) High design and artistic criteria for the evaluation of the purchase, sale and award of works of fine arts, intended for social application in all sections of economic and cultural life or for reproduction in production, are provided by art commissions.
(2) An art commission set up under one organisation may also be active for another.
(3) Artistic commissions are composed of representatives of the organizations in which they are set up, *) or for which they are active, representatives of the Union of Czechoslovak Artists, and, depending on the nature of the tasks, representatives of the Association of Architects of the CSSR (hereinafter referred to as the "Association") and of other artistic institutions, and representatives of the competent authorities of the KSČ, ROH and, respectively, of the CSM:
(4) Artistic commissions, as advisory and advisory bodies of organisations, may be set up in cooperation with the Unions and appointed as members for a period of one year or for the duration of the task of the commission, on a proposal from the organisations referred to in paragraph 3 and the competent authorities of the KSČ, ROH or CSM respectively:
(a) the competent central office at the art commissions of central organisations and bodies;
(b) the competent national committee of the art committees of the national committees, of the artistic committees of the organisations of the national committees of the national committee of the organisation;
(c) art commissions in the production branches of the leading organisation in which the commission works.
(5) The number of members of art commissions shall be determined by the nature of the tasks of the organisation which appoints the members (paragraph 4); In order to ensure the expertise of the Commission, representatives of the Union shall form half of the members of the Commission. The Commission may also have the necessary number of alternates.
(6) The chairman of the Arts Commission shall, as a general rule, be elected by the commission from representatives of the Union. The Commission shall also elect a Vice-President.
(1) The task of art commissions is to provide the organisations in which they are set up or for which they are active, an objective evaluation of the design and artistic level of the art works presented, to assess the adequacy of the fee for such works and the nature of the work for taxation purposes. Artistic commissions also submit initiatives and initiatives to these organisations.
(2) For works of art whose final implementation and technical work are carried out by a manufacturing or craft undertaking (monumental sculptures, reliefs, mosaics, vitrees, works of art, etc.), art commissions follow the process of work up to the final implementation and location of the work and express themselves to final invoicing. The obligation to supervise the author of the work, contracted, is not affected by this provision.
(3) Art commissions are responsible for their activities to the organisation which set them up. The members of the commissions shall be responsible for their activities within the commission for the organisation which has proposed them for the members of the commission. If, for serious reasons, a member of the Commission cannot participate actively in the proceedings of the Commission for a period of more than two months or if he does not fulfil other duties of a member of the Commission, the competent organisation shall propose another representative.
(4) Members of artistic commissions, if they are representatives of copyright associations, shall be remunerated in accordance with the applicable rules for their work on the Commission; * *) they shall not be remunerated if membership of the Commission results from their employment. Members of the Commission shall be released for work on the Commission in the general interest without prejudice to their working earnings; they shall be granted paid leave to the extent necessary for the performance of their duties and in accordance with their own employment tasks. Travel and subsistence expenses shall be provided to members of the Commission in accordance with the applicable rules on reimbursement of travel and other expenses. * * *)
(1) The Art Commission is capable of a quorum if an absolute majority of the members are present; act by a majority of the members present, in the event of a tie, by the chairman's vote.
(2) The President may invite other experts and experts with an advisory vote to attend the meetings of the Commission. A representative of the competent authority may attend the meetings of the panel.
(3) The minutes of the deliberations of the Arts Commission are signed by all the members of the Commission present. A clear and reasoned conclusion must be drawn from the minutes on the idea and artistic level of the work under consideration, on the adequacy of the fee or its proposed arrangements and the way in which it is taxed, the negotiations and the time for which the Commission has been sitting. The minutes of the panel's deliberations with the relevant documentation shall be kept clearly and properly archived. In the case of monumental creation, the relevant extracts from the minutes of the commission proceedings are attached to the invoice for the client.
(4) The necessary administrative work for the art commission shall be provided by the organisation or institution in which the commission is set up; shall also bear the costs of the work of this Commission. Where the artistic commission is also active for another organisation or institution, to the extent that a higher cost (administrative, higher travel, juridical, etc.) is incurred by the organisation for which the commission is also active, shall be borne by a proportion of those costs, either on a bill or on an agreed flat-rate basis, by regular or by number of tasks; This provision does not concern the costs of funds arising from the activity referred to in Paragraph 2 (5).
(1) Artistic commissions are the commissions set up within the meaning of Sections 2 (5), 4 (1) and 5 (1) of this Decree, the art board of undertakings, establishments and other institutions, the purchasing committee of artistic institutions, the competition jury and similar commissions assessing works of art intended for the purposes of Article 6 (1), and whose composition and tasks comply with the provisions of this Decree. If the Commission fulfils the purpose set out in Paragraph 6 (1), special provisions * may provide for the tasks and composition of such commissions by way of derogation from the provisions of this Decree.
(2) If there are other similar commissions in the organisation, they need not be converted into art commissions under this decree if the organisation uses art commissions in funds when buying, selling and entering art works.
Purchase and sale of works of folk art creativity
(1) Organisations may not purchase works of folk artistic creativity (paintings, drawings, graphics, sculptures, decorative articles, etc., made of textile, wood, leather, wicker, metals, glass and other materials), whether or not they are the result of the activities of individuals or members of art rings in racing clubs, awareness-raising meetings, awareness-raising equipment of the armed forces, etc., or they are formed in rings of non-organised workers of folk creativity (hereinafter referred to as "folk creative works"), or to assign to such persons works of art used (industrial art).
(2) Paragraph 2 (8) applies mutatis mutandis.
(1) The work of folk artistic creativity must not be sold.
(a) organisations;
(b) at exhibitions of folk artistic creativity,
(c) through sales agents or other private intermediaries.
(2) The Ministry of Education and Culture (Slovak National Council - Department for Education and Culture) may authorise an exemption from the provisions of paragraph 1 (b). (b) that the organisation can only make purchases through funds or artistic commissions set up by the Ministry of Education and Culture (Slovak National Council - Department of Education and Culture).
(3) Paragraph 1 does not apply to articles of folk art production (§ 7 of Act No. 56 / 1957 Coll., on artistic craft work and on folk art production, § 5 of the Act SNR No. 4 / 1958 Zb. SNR, on folk art production, and artistic crafts) supplied for sale by folk cooperatives and centres of folk art production.
(4) For racing clubs, the guidelines of the Central Council of Trade Unions for the Activities of Files and Circles of folk artistic creativity in the cultural facilities of the Revolutionary Trade Union Movement and in the races apply.
Exposing works of art and works of folk artistic creativity
(1) Works of Fine Arts can be shown together at exhibitions
(a) authors or groups of works exhibited;
(b) the Ministry of Education and Culture, the other central offices, their organisations and facilities called for;
c) National Gallery, Slovak National Gallery and other public collections of works of Fine Arts managed by national committees, Museum of Arts,
(d) national committees and their information facilities;
e) Association of Czechoslovak Artists and its Organisations, Association of Architects of the CSSR and its Organisations,
(f) funds;
(g) social organisations, their components and equipment, racing clubs, etc.,
(h) other socialist organisations, in particular folk cooperatives, where they are called upon to do so, as well as single agricultural cooperatives.
(2) Exhibitions of works of Fine Arts must be reported in advance to the Regional National Committee, included in the Regional Exhibition Plan and approved by this National Committee.
(3) The exhibitions must be properly installed and their cultural political and educational mission must be respected throughout their operation.
(4) In order to ensure the efficient use and coordination of exhibitions of works of national importance, the Regional National Committees shall send draft plans of works of art which they intend to organise within the scope of their organisation referred to in paragraph 1 (b), (c) and (e) to the Ministry of Education and Culture for expression by 1 October of the previous year and event. major changes in the plan for the second half of the year by the following 30 April.
(1) Organisations intending to send exhibitions of works of Fine Arts abroad or to accept such exhibitions from abroad in the following year are obliged to send plans to the Ministry of Education and Culture to express their plans for these exhibitions and events. major changes in the plan within the deadlines set out in Section 12 (4).
(2) Without the consent of the Ministry of Education and Culture, no exhibition of works of fine arts may be sent abroad or accepted from abroad.
The advisory body of the Ministry of Education and Culture for the Coordination of Fine Arts Exhibition is the commission set up by the Ministry.
Exposing works of fine arts for sale in houses, restaurants and other establishments, offices, races, etc., only funds are allowed.
(1) Works of folk artistic creativity can be exhibited at exhibitions
(a) the Ministry of Education, Culture and Organisations and Equipment, if called upon to do so;
(b) national committees and their facilities which are responsible for the care of folk artistic creativity (enlightenment meetings, cultural houses, pioneer houses, etc.),
(c) the authorities of the armed forces and their awareness-raising facilities;
(d) social organisations, their components and facilities responsible for the care of folk artistic creativity (racing clubs, etc.).
(2) The works of folk art creativity must be previously reported to and authorised by the competent district national committee.
(3) The presentation of prices on exhibited works of folk artistic creativity in exhibition catalogues, etc., at exhibitions is inadmissible.
Reproduction, display and other dissemination of portraits of constitutional agents and other significant personalities and symbols of state
(1) Any faculties and works that undermine the President of the Republic, members of the Government, other constitutional actors and other significant figures in the life of political and cultural, domestic and foreign, contemporary and historical, whether in the field of painting, sculpture, graphics or other techniques and materials, as well as photographs (hereinafter referred to as "portraits') may be reproduced for the purpose of extending them only with the consent of the Commission for the representation of constitutional officials and other relevant figures established by the Ministry of Education and Culture, in Slovakia at the Slovak National Council - the Department for Education and Culture. If the portrait has been approved by this commission, further approval of the portrait in the plant where it is to be reproduced will be denied.
(2) Approval of the portrait referred to in paragraph 1 shall be sought at the same time as the original is presented by the author or his heirs and, if not, by the publisher. The approved original shall be clearly marked with the stamp of the commission. The reproduction and dissemination of portraits are jointly responsible for the approval of the portrait.
(3) The provisions of paragraphs 1 and 2 also apply to prototypes of graphic and plastic expression of a national character, to reproduction and other extensions, in particular to mass production of a national character, to national flags (flags), to red flags, flags and flags of a brother State, as well as to substances intended for the production of flags and flags, and to mass production of articles bearing a national emblem (stamps, seals, components of uniform equipment, etc., etc.).
(1) Portraits and national characters intended for monuments, monuments and memorial records, etc., are approved by the Idea Council for the care of monuments, monuments and commemorations, established at the Ministry of Education and Culture, in Slovakia by the Slovak National Council - Department for Education and Culture.
(2) The procedure shall be initiated at the initiative of the investor or without such initiative.
(3) The competent national committees shall oversee, directly or through their bodies, the artistic and underpinning level of individually created surface and plastic portraits displayed or otherwise published.
Provisions common and final
(1) In particular, the relevant national committees shall supervise compliance with the provisions of this Decree; If broken, they take the necessary measures.
(2) The associations are obliged to provide professional assistance to the national committees' authorities if they so request.
Exemptions from the provisions of this decree are permitted by the Ministry of Education and Culture in agreement with the central authorities involved.
Decree No. 91 / 1958 Ú. l., on the purchase, sale and exhibition of works of fine arts and works of folk artistic creativity, on the award of proposals in the fields of art used and on the reproduction, exhibition and other expansion of portraits of constitutional agents and other significant personalities, as amended by Decree No. 43 / 1960 Coll.
This Decree shall take effect on 1 January 1962.
Minister:
Kahuda v. r.
*) Decree of the Minister of Finance of 23 October 1957 No 152 / 73500 / 57 (Decree of the Minister of Finance No 204 / 1957 Ú. l., on the issue of implementing regulations for turnover tax and performance tax) and the Ministry of Finance Directive of 18 January 1958, on taxation of income from the activity of the arts used, published in the amount of 5 Úl. of 1958.
* *) Government Decree No. 43 / 1960 Coll., on the implementation of project, scientific research, art and other work in higher and industrial schools for socialist organizations, remains intact.
* * *) For example, in social and public interiors, in working environments, in the interiors of production, hospital, medical, physical and recreational facilities, in hospitals, sanitarium, in the stadium, in the accommodation businesses, in the premises of the building complex in the estate, plant etc., as part of architecture, such as rewards and prizes in various competitions etc.
*) Exterior art works in industrial, cultural, spa and sports centres etc., artistic solution of objects of representative character, larger theatres, public objects in railway nodes etc.
* *) These funds not used until the end of the year are transferred to the next year (Section 10 (4) of Decree No. 64 / 1958 Ú. l.).
* * *) The method of financial securing the design of the art works is set out in Part I of the Guidelines for drawing up the draft state budget and financial plans.
†) Separate urban paintings, paintings in museums etc.
*) It does not concern art commissions in funds and shopping commissions in galleries or museums.
* *) Directive of the Ministry of Finance of 6 September 1954 No 163 / 114 529 / 1954, No 240 / 1954 Coll. on the remuneration of professional opinions and the income of the Ministry of Education and Culture of 14 July 1959, No 31 373 / 59-E I / 2, on the remuneration of members of evaluation committees.
* * *) Decree of the Ministry of Finance No 480 / 1950 Ú. l., as amended by Decree No 72 / 1952 Ú. l. and the regulations issued for its implementation.
*) For example the Decree of the State Committee on Construction No. 154 / 1959 Ú. l., on the competition rules for contests for conceptual project solutions.
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Regulation Information
| Citation | Decree of the Ministry of Education and Culture No. 149 / 1961 Coll., on the purchase, entering and selling of works of Fine Arts and on certain other measures in the field of Fine Arts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1961 |
|---|---|
| Effective from | 01.01.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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