Decree of the Government of the Slovak Socialist Republic No. 180 / 1969 Coll.
Government regulation of the Slovak Socialist Republic on cultural funds, on contributions of recipients of copyright and performance artists to cultural funds, on contributions for the use of free works of literary, scientific and artistic works and on contributions of users of works
Valid
Effective from 01.01.1970
180
GOVERNMENT REGULATION
Slovak Socialist Republic
of 29 December 1969
on cultural funds, on the contributions of the recipients of copyright and the remuneration of performers to cultural funds, on contributions for the use of free works of literature, scientific and artistic and on contributions of users of works
The Government of the Slovak Socialist Republic orders pursuant to Article 144 of Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, and pursuant to § 35 (3), § 41 (2) and § 42 (3) of Act No. 35 / 1965 Coll., on the works of literary, scientific and artistic (hereinafter referred to as "the Act"):
Cultural Funds
(1) Cultural funds provide support for the creative activities of literary, scientific and artistic institutions,
a) for the field of writing, journalism and creative activities in the field of theatre and film: Slovak Literary Fund with the section for scientific and professional literature, the section for creative activities in the field of theatre and film and sections for journalism,
(b) for the field of music: Slovak Music Fund,
c) for the field of Fine Arts and Architecture: Slovak Fund of Fine Arts.
(2) Cultural funds (hereinafter referred to as "funds") are socialist organisations which may acquire rights and commit themselves on their behalf; the seat of the funds is Bratislava.
(1) The mission of the funds is to promote the progressive literary, scientific and artistic creation and artistic activity of an idea and aesthetic level and social importance.
(2) It fulfils its mission of the Funds in particular by:
(a) create, in a universal manner, suitable conditions for the creation of literary, scientific and artistic works and works of art;
(b) establish and operate undertakings and special-purpose equipment in accordance with the mission of the Funds;
(c) establish homes and clubs for creative work;
(d) provide loans, scholarships and travel allowances to support creative activities, or provide various services;
(e) provide support to creative workers and, where appropriate, their family members in urgent cases.
(3) In the field of science, the funds take care of the development of an activity which results in work within the meaning of the copyright law.
(4) The details of the tasks of the Funds and their sections are governed by the organisational rules of the Funds (Section 13).
The financial basis for the fund's management is:
(a) the contributions of beneficiaries of copyright fees and fees of performers to cultural funds (Section 42 (1) of the Act);
(b) contributions for the use of free works of literary, scientific and artistic works and contributions of users of works (Sections 35 (3) and 42 (2) of the Act),
(c) the proceeds of their assets, the surplus from the undertakings they manage and the special-purpose equipment, the gifts and the inheritance.
(1) The management of the Funds and their sections are provided by their committees; members of committees and sections are appointed and dismissed by the Minister of Culture of the Slovak Socialist Republic (hereinafter referred to as "the Minister ').
(2) The committees of the Funds and the sections shall elect from among their members a President and a Vice-President, endorsed by the Minister. The Chairman of the Fund Committee shall be responsible for the work of the Committee of Ministers.
(3) The Funds are represented and signed by their chairman and other members of the Committee and, to the extent provided for by the Rules of Procedure, by the Director of the Fund.
(4) The operation of the Fund shall be ensured and the resolution of its Committee shall be carried out by the Director, appointed and withdrawn by the Minister on a proposal from the Fund Committee. The Director of the Fund shall be accountable to the Minister for his activities.
(5) The section Committee is responsible for the activities of the section to the committee responsible. The Fund Committees shall discuss the activities and management of their sections at least twice a year at a joint meeting of the Fund Committee with the Section Committee.
(6) The costs of the Fund's activities are borne by the Fund.
(1) The Minister shall decide on matters common to all Funds and on ensuring a common procedure in the implementation of national cultural policy, as well as on the application of social interests in the activities of the Funds. As an advisory body of the Minister, the Cultural Funds Board shall be set up, the members of which shall be the chairmen of the Committees of the Funds and of the sections and Directors of the Funds.
(2) The College established pursuant to paragraph 1 shall express in particular:
(a) the concept of the development of individual funds, their undertakings and special-purpose equipment;
(b) the management of the Funds, while monitoring that, when the funds are used, the intentions of the State's cultural policy are implemented;
(c) activities, investments, work, budgets and final accounts of the Funds;
(d) the principles of the support activities of the Funds and their implementation;
(e) other essential measures concerning all funds.
The funds are managed and supervised by the Ministry of Culture of the Slovak Socialist Republic ("the Ministry ').
(1) The term of office of the committees and sections (hereinafter referred to as "committees") shall be three years.
(2) If a member of the Committee is removed or ceases to be a member before the expiry of his term of office, another member must be appointed as member for the remainder of his term of office.
Committees may invite experts to their meetings either on a permanent basis or in order to resolve a particular matter, or require expert opinions, proposals, etc. The costs associated with this shall be borne by the Funds from their own resources. The Director of the Fund shall participate in the Committee's deliberations.
(1) Membership of committees is honorable.
(2) The costs incurred in the performance of the duties shall be reimbursed in accordance with the general rules.
Committees shall meet as required, but at least twice a month.
(1) The committees are able to resolve in the presence of most members.
(2) A simple majority of the members present shall be required for the resolution to be valid; in the event of a tie, the vote of the President shall be decided.
(3) If the Chairman of the Fund Committee or the Director of the Fund does not agree with the resolution of the Committee, he shall submit it to the Minister for decision with his opinion; in that case, the resolution of the Fund Committee shall not be implemented until the decision of the Minister.
Minutes shall be taken of the committee's deliberations, the accuracy of which shall be confirmed by the President.
The Fund Committees shall, with the approval of the Ministry within three months of the application of this Government Regulation, issue detailed organisational and procedural rules of the Funds and sections.
Contributions of authors' fees and fees of performers to funds
(1) Beneficiaries of copyright and performers' remuneration pay a contribution of 2% of gross remuneration to the funds, with the exception referred to in paragraphs 2 to 4.
(2) A contribution of 40% of gross remuneration is paid to the funds from the authors of Czechoslovak citizens abroad; the Minister may reduce the amount of this contribution in cases where appropriate.
(3) In the absence of the cases referred to in paragraph 2, the funds shall be paid by copyright heirs and the authors of photographic works, if they receive annual revenue from copyright fees.
(a) more than 50 000 CZK,
but less than 100,000 CZK,
a contribution of 3%,
(b) more than 100 000 CZK,
5% contribution
the total annual income: however, revenue from the higher contribution may not be left to the beneficiary less than the highest sum of the remuneration of the lower contribution.
(4) The allowance provided for in paragraphs 1 to 3 shall not be paid on the exempt remuneration provided for in Article 4 of Act No. 36 / 1965 Coll., on the income tax on literary and artistic activities, as amended by Act No. 160 / 1968 Coll. and on the remuneration which is subject to payroll tax.
(5) The contributions of the recipients of copyright fees and fees of performers belong to the funds and constitute the basic sources of their income for the performance of their tasks (Section 41 of the Copyright Act).
(1) The organisation which pays the remuneration collects the contribution referred to in Article 14 (1) and (2); in the cases referred to in Article 14 (3) it collects the advance payment of 2%. The amounts deducted shall be charged and paid in bulk for the calendar month by the 20th day of the following month to the organisation responsible for collecting the contributions (§ 16).
(2) Beneficiaries of copyrights covered by Paragraph 14 (3) shall be obliged to point out to the competent collecting organisation the difference between the contribution paid by the advance deduction and the contribution to which they are obliged by 31 January of the following year at the latest.
(3) Contributions from remuneration received from citizens and declared pursuant to § 5 (2) of Act No. 36 / 1965 Coll. as amended by Act No. 160 / 1968 Coll. will be paid directly by the recipient of the remuneration to the organisation responsible for collecting contributions.
(1) The contribution to the Slovak Literary Fund of the recipients of the copyright awards is collected by the LITA - Slovak literary management in Bratislava.
(2) The contributions of authors to the Slovak Music Fund are collected by SOZA - Slovak Copyright Association for Music Works in Bratislava.
(3) All contributions to the Slovak Fine Arts Fund are selected by the Copyright Protection Organisation at the Slovak Fine Arts Fund in Bratislava.
(4) The contribution of the recipients of executive artists' rewards to the Slovak Literary Fund and to the Slovak Music Fund is collected by LITA - Slovak literary management in Bratislava.
(1) The Slovak Literary Fund receives contributions from remuneration for the creation and use of:
(a) works of art of verb, theatre and film, with the exception of works of art (paragraph 3) and works of music with or without text (paragraph 2 (a));
(b) professional and scientific works of verb,
(c) works of journalism used (contributions to periodical press, radio and television), including journalistic photography; and
(d) works of art produced in the execution of works of art, works of theatre and in the production of works of film, with the exception of those produced in the execution of works of music with or without text, linked to the work of theatre or film [paragraph 2 (b)];
the proceeds from the remuneration contributions referred to in point (b) constitute the financial basis for the activities of the section for scientific and professional literature, under point (c) is divided between the Slovak Literary Fund and its section for journalism and for scientific and professional literature under the directives issued by the Ministry and under point (d) is the financial basis for the activities of the section for creative activities in the field of theatre and film.
(2) The Slovak Music Fund receives contributions from remuneration for creation and use
(a) musical works with or without text and musical components of theatrical and film works;
(b) artistic performances submitted in the execution of musical works with or without text and musical components of theatrical and film works.
(3) The Slovak Fund for Fine Arts includes contributions from remuneration for the creation and use of works of fine arts, including works of architectural and art used, as well as works of photographic, with the exception of those referred to in paragraph 1 (c).
(4) The contributions collected by the organisations referred to in Article 16 in the calendar month shall be paid to the relevant funds no later than the 20th day of the following month; they may deduct a maximum of 5% of the contributions collected to cover the costs of their collection. The final accounts shall be settled by those organisations within 30 days after the end of the calendar year.
The funds referred to in Article 1 include contributions from the remuneration of authors and performers residing in the Slovak Socialist Republic; The contributions from the rewards of authors and performers residing in the Czech Socialist Republic belong to similar Czech organizations.
The facts relevant to the calculation of the contributions and their separate accounts by fund or section of the Slovak Literary Fund, in particular the basis for calculating the contributions and the details for which the work or artistic exercise is paid, shall be entitled to check from the accounting records and other documents of the organisations paying the remuneration. These organisations are required to submit to the organisations responsible for collecting contributions only the total (global) bill of contributions broken down by fund or section of the Slovak Literary Fund.
The authorised staff of the Funds shall be entitled to consult the selection organisations on any supporting documents for the calculation and selection of contributions.
Contributions for the use of free works of literature, science and art and contributions of users of works
Contributions for the use of free works
(1) An organisation using literary, scientific or artistic works which is free from copyright (Section 35 of the Act) is obliged to pay a contribution for each use.
(2) Contributions for the use of free works are collected by socialist organisations authorised to represent authors in the exercise of their rights under the law.
(1) For the issue of a free work of literary, scientific or artistic, as well as photographic works, the publisher or the publisher of the journal pays a contribution equal to half the amount that the user would be obliged to pay for such publication as a copyright if the work were not free. This amount means the remuneration calculated in accordance with the applicable copyright regulations using the lower limit of the fixed rates, or - if the copyright fees for the use made are not adjusted - usually the copyright fee provided by the user for the same use of a similar work which is not free.
(2) Classic works of marxism-leninism are excluded from the contribution obligation. Furthermore, free works whose copies are distributed free of charge shall not be subject to a contribution obligation.
(1) For the public operation of the free work of theatrical, including its musical and artistic component, for broadcasting such works by radio or television, for putting produced phonograms of such works into sale, as well as for using the free work of literary, scientific or artistic to produce the film, the user of the work pays a contribution equal to half the amount he would be obliged to pay as copyright if the work were not free.
(2) For the public presentation of the free work of the literary works, the user pays a contribution of 20% of the author's fee for such use as he would be obliged to pay if the work were not free.
For the public display of a free work of fine arts or photographic works, the user of the work pays a contribution of 5% of the author's fee for such use that he would be obliged to pay if the work were not free.
For the public non-theatrical operation of open works of musical works with or without text, the socialist organisation, which is granted the exclusive right to give permission to use such works and to collect the author's remuneration [Paragraph 44 (1) (a) of the Act] *), grants a contribution of 2% of the net proceeds of copyright awards for such operations, obtained in a calendar year for all public music production.
For the broadcasting of free literary works and musical works with or without text, the user pays a contribution of 25 hal. per year for each authorised radio receiver holder.
For the television broadcast of free works of literary, musical works with or without text, or works of fine arts, the user pays a contribution of 30 halos a year for each authorised holder of the television set.
For the sale of produced sound images of non-theatrical works, their manufacturer makes a contribution to the vacant works
(a) literary 5%;
(b) musical with or without text 15%
of a total of copyright rewards for the use of works of this or that kind.
Using free works for public film projection or other economic use of films, the user makes a contribution which is:
(a) 15% of the total of the copyright remuneration for the screening and other economic use of films for authors of their literary component;
(b) 10% of the total of the royalties for screening and other economic use of films for authors of their musical component; and
c) 2% of the total of copyright awards for authors of works of fine arts and photographic works using their works for film production
charged in the current calendar year.
(1) The contributions provided for in Articles 22 and 23 (with the exceptions set out in paragraphs 2 and 3 below), 27, 28 (a) and 29 (a) are collected by LITA - Slovak literary management in Bratislava.
(2) The contributions provided for in Article 23 (as regards the use of musical works for the production of films), Article 25 and Article 26, Article 28 (b) and Article 29 (b) are collected by SOZA - Slovak Copyright Association for Music Rights in Bratislava.
(3) Contributions pursuant to § 22 for the publication of works of fine arts and photographic works and contributions pursuant to § 24 and § 29 points. c) selects the Copyright Protection Organisation for the Slovak Fine Arts Fund in Bratislava.
The contributions pursuant to § 22 to 24 are due no later than four weeks after the use of the work. The contributions provided for in paragraphs 25 to 29 shall be payable no later than 3 months after the end of a period agreed with the collecting organisation responsible under paragraph 30 for that period; However, this period shall not exceed six months.
Contributions of works users
Users of works are obliged to make a contribution of 1% for the use of works
1. the issue of a work in the form of a non-periodic publication from the retail price of the whole load,
2. printing of the work in the periodical printing of the author's fee,
3. the public operation of theatrical works from the total admission fee,
4. the placing on sale of sound images from aggregate gross sales for the images sold;
5. radio and television broadcasting from the total revenue of radio and television charges,
6. public screening of films from the total admission fee,
7. the public non-theatrical operation of musical works from the operating remuneration for each production,
8. Expansion of copies of works of fine art and photographs of aggregate gross sales for the copies sold, or - in the case of copies distributed free of charge - of the author's fee,
9. public exhibition of works of fine art from the total income at the entrance fee and at
10. use of architectural works for spatial design or for repeated use of these works from the price of the architectural project.
The contributions of users shall be assessed and collected by the organisations referred to in Sections 30 (1), 4 to 7 of the organisation referred to in Sections 30 (2) and 8 to 10 of the organisation referred to in Sections 30 (3) for those uses of works referred to in Sections 32 to 3.
The contributions of the users of works shall be payable monthly by the 10th day of the following month, but the collecting organisations may allow the users of works to pay advance payments with quarterly billing.
Management of allowances
(1) Contributions for the use of free works of literature, scientific and artistic, together with contributions from the users of works (hereinafter referred to as "contributions"), are intended to support creative activities in all fields of literature, science and art, provided through funds.
(2) The revenue from the contributions is distributed by the Ministry to individual funds and sections in accordance with the cultural policy objectives and needs of the Funds.
(3) According to the agreement of the Ministers of Culture of the Czech Socialist Republic and the Slovak Socialist Republic, part of the proceeds of the contributions may be made to the Ministry in accordance with the long-term intention of gradually balancing the level of the two national cultures.
The selected organisations shall indicate the contributions collected to the Ministry's special account by the 15th day of the month following the collection of the amounts concerned; they may deduct a maximum of 5% of the contributions collected to cover the costs associated with the collection.
(1) The facts relevant for the assessment of contributions, in particular the basis for their calculation, must be notified to the selecting organisation at the time of billing. The selected organisation shall be entitled to consult the accounting records and other documents for calculating the contributions.
(2) If the contribution is not paid in due time to the selecting organisation, it shall be increased by a tenth of the original amount and the selecting organisation shall be entitled to claim reimbursement of the costs of the investigation and of the abandonment.
The authorities in charge of the Ministry shall be entitled to consult the collecting organisations on any supporting documents for calculating and collecting contributions.
Final provisions
It shall be repealed:
(a) Government Decree No. 2 / 1966 Coll., on Cultural Funds and the Coordination Committee of Cultural Funds,
(b) Government Decree No. 3 / 1966 Coll., on the Contributions of Beneficiaries of Copyright and Executive Artists to Cultural Funds,
(c) Government Decree No. 4 / 1966 Coll., on Contributions for the Use of Free Works of Literary, Scientific and Artistic Works and on Contributions of Users of Works.
This Government Regulation shall enter into force on 1 January 1970.
Prof. Dr. Colotka v. r.
*) Decree No. 220 / 1954 Ú. v. (196 / 1954 Ú. l.) on the rates of operating royalties for the public non-theatre operation of musical works, as amended by No. 183 / 1968 Coll.
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Regulation Information
| Citation | Decree of the Government of the Slovak Socialist Republic No. 180 / 1969 Coll., on cultural funds, on contributions of authors and performers to cultural funds, on contributions for the use of free works of literary, scientific and artistic works and on contributions of users of works |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1969 |
|---|---|
| Effective from | 01.01.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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