Act No. 318 / 1993 Coll.
Act governing the change of position of cultural funds and amending Act No. 35 / 1965 Coll., on the Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll. and Act No. 468 / 1991 Coll.
Valid
Effective from 01.01.1994
318
THE LAW
of 8 December 1993
amending Act No. 35 / 1965 Coll., on the Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll. and Act No. 468 / 1991 Coll.
Parliament has decided on this law of the Czech Republic:
Change in the position of cultural funds
(1) The Czech Literary Fund shall cease to exist on the date on which the Foundation set up by it under a special law is established. 1)
(2) The Czech Music Fund shall cease to exist on the date on which the Foundation set up by it under a special law is established. 1)
(3) The Czech Fine Arts Fund ceases to exist on the date on which a foundation established by it under a special law arises. 1)
(4) The foundations referred to in paragraphs 1 to 3 shall be transferred from the lost cultural funds to all movable and immovable property, not for State property, as well as rights and obligations of property and other legal relationships.
If cultural funds are not converted into foundations pursuant to § 1 (1) to (3) within one year from the date of application of this Act, the Czech Literary Fund, the Czech Music Fund and the Czech Fine Arts Fund shall cease to be liquidated. The liquidation is governed by Section 70 et seq. of the Commercial Code; any liquidation surplus of cultural funds shall be transferred to the State Culture Fund (2).
Transfer of cultural fund enterprises
(1) The Czech Literary Fund, the Czech Music Fund and the Czech Fine Arts Fund will transfer their established enterprises with a separate legal personality (3) to commercial companies or cooperatives under a special law, 4) at the latest by the date of conversion of the cultural funds into foundations, or they will cancel them until then. If this is not the case, the court shall, on its own motion, order the liquidation of those undertakings. The liquidation is governed by Section 70 et seq. of the Commercial Code.
(2) Paragraph 69 of the Commercial Code shall apply mutatis mutandis to the conversion of undertakings referred to in paragraph 1.
Amendment to Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended
Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll. and Act No. 468 / 1991 Coll., is amended as follows:
1. Paragraph 1 shall be deleted.
2. Paragraph 35 (3) is deleted.
3. Sections 40 and 41 are deleted.
4. Sections 42 and 43 shall be deleted.
5. in Article 44 (1), point (b) shall be deleted;
Transitional and final provisions
The Decree of the Government of the Czech Socialist Republic No 159 / 1969 Coll., on cultural funds, on the 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, as amended by the Decree of the Government of the Czech Socialist Republic No 20 / 1973 Coll., Decree of the Government of the Czech Republic No 342 / 1991 Coll. and Decree of the Government of the Czech Republic No 58 / 1993 Coll., with the exception of Article I, points 1, 2, 4, 5 and 6, which shall be repealed on 1 January 1995.
This Law shall take effect on 1 January 1994, with the exception of Paragraph 4 (3), which shall take effect on 1 January 1995.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) § 20b et seq. of the Civil Code.
2) Act No. 239 / 1992 Coll., on the State Fund of Culture of the Czech Republic.
3) Paragraph 2 (c) of Government Decree No. 159 / 1969 Coll., on Cultural Funds, on the 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, as amended.
4) Part Two of the Commercial Code.
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Regulation Information
| Citation | Act No. 318 / 1993 Coll., amending Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll. and Act No. 468 / 1991 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1993 |
|---|---|
| Effective from | 01.01.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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