Act No. 69 / 1948 Coll.
Act on Music and Artistic Center
Valid
Effective from 20.05.1948
69.
Law
of 25 March 1948
about the music and artistic exchange.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Name, seat and task of the exchange offices.
They are established as legal entities for the countries of the Czech and Moravian-Silesian "Music and Artistic Centre in Prague" with a turn in Brno, for Slovakia "Music and Artistic Centre in Bratislava" (hereinafter referred to as the "Centre").
(1) The task of the switchboard is to take care of the operation of valuable musical works and artistic productions and to improve the social and economic situation of performers of musical and artistic artists.
(2) In order to fulfil the tasks referred to in paragraph 1, the central body shall:
(a) keep and coordinate records of public production of musical and artistic (§ 15 (2) (b)) (§ 16);
(b) mediate the working conditions of performers of musical and artistic artists and their sets;
(c) mediates the organisation of public production of musical and artistic;
(d) organise public production of musical and artistic;
(e) provides support from its own resources (§ 19 (4)) to performers of music, music composers and artists.
Executive music artists.
(1) The performers of music under this law are persons who, in their main or secondary occupation, publicly perform musical works and are competent to do so.
(2) Musical ensembles are any association of performers who publicly perform musical works by acting together.
(3) Eligibility of performers of music shall be certified by the proficiency of professional schools or by the proficiency of state examinations; If such a certificate has not been submitted, the committee of the music section of the central office (§ 12 (1)) shall decide on the eligibility of the committee of the music section on the basis of the public activity of the musical or certificate issued by the professional organisation or by the professional branch of the musicians of the single trade union. The opinion of the Committee shall be reviewed on a proposal by the person concerned by the Standing Committee of Music Experts set up by the Ministry of Information, appointed by the Minister of Information on a proposal from professional organisations and professional branches of professional musicians in the single trade union.
Artists.
(1) Artists under this Act are those who, in their main or secondary employment, act in public production as referred to in Section 8 and are eligible for it.
(2) Artistic files are associations of two or more artists acting jointly in their main or secondary employment in the public production referred to in Section 8.
(3) The competence of the artiste is certified by the proficiency of vocational schools; Where such a certificate has not been submitted, the competence of the Committee of the Art Section of the Centre (Section 12 (1)) shall be decided on the basis of the public activity of the artistic or certificate issued by the expert body of the experts of the Unified Trade Union Organisation. The opinion of the Committee shall be reviewed by the Permanent Committee of Artistic Experts, established by the Ministry of Information, appointed by the Minister of Information on the proposal of the expert branch of the Single Trade Union Organisation, on a proposal from the person concerned.
Public production.
a) Musical.
(1) Public musical productions within the meaning of this Act include both concerts and all other musical performances of performers of musical and musical ensembles, organised for an individually unspecified number of people.
(2) Musical performances, accompanying the production and entertainment of dance, as well as all musical performances of musical artists and their ensembles, distributed by radio or other technical means shall also be considered as musical productions.
(3) The provisions of the preceding paragraphs are without prejudice to the provisions of the Law of 24 November 1926, No 218 Coll., on Copyright Law, as amended by the Law of 24 April 1936, No 120 Coll.
Public productions within the meaning of this Act are not:
1. stage demonstration of theatrical work or demonstration of cinematographic work, accompanied by music,
2. music production accompanying religious and civic ceremonies,
3. music production of military persons and files on the basis of official duties.
With the exception of Articles 15, 2, (b) and 16 and 18 (1), (b) and (c), this Act shall not apply to:
1. public music production, organised by state files;
2. public music production at public gatherings, unless the admission fee is levied;
3. public music production of schools and music schools;
4. public production of associations whose main task under the statutes approved by 29 September 1938 is the cultivation of music and the demonstration of musical works;
5. public music production of associations and other associations whose main task is to cultivate music and demonstrate musical works; these associations shall be designated by the Ministry of Education and Education after the central office hearing;
6. public music production organised by the public care authorities of the enlightenment within the framework of the tasks imposed by the decree of the President of the Republic of 26 October 1945, No. 130 Coll., on public care of the enlightenment.
b) Artistic.
(1) Public artistic productions within the meaning of this Act are accessible to the public by variety, circus, cabaret and other entertainment performances of a similar kind, unless undertakings are musical, theatrical or cinematographic.
(2) Public production by artistic means within the meaning of this Act is not artistic production of military persons and files on the basis of service obligations.
The central office.
(1) The management committee, composed of the President, Vice-President and 7 other members, is the management body of the central office.
(2) The President and the Vice-President shall be elected by a simple majority of the members present by the committees of the Music and Artistic Section (§ 12), from among themselves.
(3) Three members shall be sent to the Administrative Committee by the committees of both sections and one member of the Visiting Organisation, to be designated by the Minister of Information.
(4) The Management Committee is responsible for the management of the switchboard. The members of the Administrative Committee shall be obliged to provide the central office with the care of the proper economy.
(1) The executive body of the central office shall be the Director and his Deputy, who shall represent him if the Director is busy. They shall be appointed by the Minister of Information on a proposal from the Administrative Committee. The Director (Deputy Director) shall implement the Administrative Committee's resolution, shall lead the Administrative Agenda and shall attend meetings of the Administrative Committee with an advisory vote.
(2) The Director (his / her Deputy) is responsible to the Administrative Committee.
(3) The detailed rules on staff and pay arrangements shall be laid down in the Staff Regulations to be issued by the Central Administrative Committee with the approval of the Ministry of Information. Otherwise, the conditions of employment and pay of the Director and other servants shall be governed by the rules on staff in private employment.
The Centre shall be represented on the outside and the documents shall be signed jointly by the President (Vice-President) and the Director (Deputy Director).
(1) The Centre has two sections, both musical and artistic.
(2) Each section is managed by a professional and artistic committee of nine.
(3) The Committee of each section shall consist of members seconded by organisations in such a way that:
(a) the music section is broadcast by the top professional organization of Czech (Slovak) composers by 3 members, the professional branch of musicians from the profession of the single union organization by 4 members and the visiting organization (§ 9 (3)) 2 members;
(b) the professional component of artists of the single trade union is broadcast by 5 members and 1 member of the professional branch of musicians from the profession of the single trade union organization, the top organization of Czech (Slovak) composers, the central economic organisation of artistic entrepreneurs and the visiting organization (§ 9, par. 3).
(1) The term of office of the Administrative Committee and of the Committees of both sections shall be three years. Their members may, however, be re-seconded upon election.
(2) Members of the committees may be dismissed at any time by the sending organisation. If they do not fulfil their obligations, be withdrawn on a proposal from the Administrative Committee sending the organisation. The member of the appeal shall be appointed by the organisation concerned for the remainder of the term of office of the new member.
(3) If a member has not been sent to committee within 14 days of the request by the Ministry of Information, the Minister of Information shall appoint a member.
(4) The function of members is honorary. Members who do not reside in the place where the meeting takes place shall also be reimbursed for travel and reimbursement of the cost of lodging and subsistence. The amount of remuneration and compensation shall be determined by the Ministry of Information on a proposal from the Administrative Committee.
The detailed provisions concerning the setting up of the Administrative Committee, the Committee of Sections, their responsibilities, the convening of their meetings, their deliberations and resolutions, as well as the management, accounting, the use of surplus, the control shall be governed by the rules of organisation and procedure to be adopted by the Minister of Information after hearing the organisations referred to in § 12 (3).
Reporting duty.
(1) Business operators who employ performers of musical or artistic artists as such shall be required within 4 weeks of the date on which the central office commences its activities (Section 23 (3)) to report the central type of undertaking, the number of performers employed of musical or artistic artists and their field of employment.
(2) It shall be reported as follows:
(a) without delay, any opportunity or offer to work, if it is for performers of musical, artiste or their ensembles;
(b) at least 15 days in advance of any organisation of public production of musical or artistic.
(3) The reporting obligation referred to in the preceding paragraph is for the employer or the employer or the employer seeking, in the case of (b) the organisers.
(4) The Labour Protection Authorities agree to negotiate or to untie an employment relationship in the field of music or artistic only if the Centre confirms that it has no objection.
Coordination of concert and artistic productions.
(1) Organizers of musical and artistic productions are subject to the supervision of the central office and are required to follow its directives and instructions, issued for the purposes of the tasks set out in Section 2.
(2) Organizers of regular concert and artistic productions are required to report their plan in advance in advance for the whole period within the time limits to be determined by the Administrative Committee and published in the Official Journal of the Republic of Czechoslovakia (Official Journal).
(3) The decision of the Ministry of Information, published in the Collection of the Laws of the Czechoslovak Republic, may give a central recognition of the exclusive right to grant within the limits of § 2 on the basis of joint programming to organisers of more detailed directives and guidelines on local, time and in-kind adaptation of the overall organizational plan as well as individual production to the artistic and economic needs of the musical and artistic business.
(4) This authorisation may be limited in substance and in time and may be withdrawn at any time.
The organisation of public music production shall be entitled to:
1. performers of musical or musical ensembles (§ 3) as regards the organisation of their own production;
2. associations, provided that according to the statutes they are entitled to organise music production;
3. operators of the innkeeper's trade in their innkeeper's premises;
4. components of the National Front political parties and national professional and interest organisations.
Doses.
(1) The Centre shall be entitled to levy:
(a) for the recording and coordination of reported public musical and artistic productions;
(b) brokering such production;
(c) for brokering services and places.
(2) On a proposal from the Administrative Committee, the rates of benefits are set by the Ministry of Information in agreement with the Ministry of Finance with the approval of the Supreme Price Office.
(3) The fees for the registration of public musical and artistic productions can be collected by the central offices through a professional association, which, pursuant to Article 30 (a) of Act No. 218 / 1926 Coll. as amended by Act No. 120 / 1936 Coll. has been granted exclusive right to collect royalties for the non-theatre public operation of musical works.
(4) The yield of doses is central.
Central management.
(1) The Centre is obliged to manage the budget it prepares for each year; The budget shall be approved by the Ministry of Information in agreement with the Ministry of Finance.
(2) In order to cover any losses, the Centre shall be obliged to set up a reserve fund, the amount of which shall be determined by the Minister of Information in agreement with the Minister of Finance.
(3) The reserve fund shall be created from an allocation of at least 1 / 10 of the surplus achieved.
(4) The remaining surplus may be used only for purposes of pursuing the artistic, cultural or social interests of performers of musical, musical composers and artists.
Official supervision.
(1) The Ministry of Information shall supervise the central office. Representatives of ministries of information, education, education and education and finance may attend the meetings of the Administrative Committee, each of which is entitled to suspend the execution of the Administrative Committee's resolutions until a joint decision by those ministries. The Ministry of Information may, at any time, examine the activities and management of the central office and alert the Management Committee of the central offices to the deficiencies identified with the invitation to remove them within a certain time limit. If the request is not complied with, it shall be entitled to take all measures to remedy the defects.
(2) The management of the central office is also subject to the supervision of the Supreme Accounting Audit Office.
Criminal provisions.
For the offence, the District National Committee will be punished:
1. by a fine of up to 25 000 CZK, who improperly mediates the employment of performers and performers or the organisation of public production of musical and artistic works, as well as anyone who wishes to make such arrangements;
2. by fine up to 5,000 CZK, who fails to comply with the reporting obligation laid down in § 15 and 16.
In the event of non-availability of the fine, a replacement prison sentence shall be imposed within three months in the case referred to in No 1, in the case referred to in No 2.
Transitional and final provisions.
(1) From the date on which this Act takes effect, any authorisation for the provision of services, places and production in the field of music and artistic cannot be granted. All such authorisations shall cease to exist on the date on which the central office commences its activities (Section 23 (3)).
(2) From the date of the entry into force of the Act, the authorisation (licence) to organise music production under the Decree of the Court Office of 6 January 1836, No 5 Coll. of the Act of 5 September, with the exception of the permit (licence) to operate music under this Decree, provided that they have only the character of social measures.
(3) Before granting an authorisation (s) for artistic production (Section 8), the central office is also to be heard.
(1) The rights and obligations of intermediaries under contracts concluded in the field of music and art covering the period after the entry into force of this Act shall cease if the contract is not notified to the central authority within 1 month of the date on which the central office commences its activities (paragraph 3) and does not notify the central authority within 1 month of the announcement that it enters into the rights and obligations of intermediaries.
(2) As regards contracts concluded abroad, the four-month reporting period shall apply.
(3) The Minister of Information shall determine the date of the opening of the central office by means of a decree in the Official Journal of the Czech Republic (Official Journal).
It shall remain without prejudice to the provisions under which other authorities or bodies exercise jurisdiction in matters relating to the organisation of musical and artistic production, in particular as regards public security and morality, public peace and order or as regards building, health, fire and criminal matters.
The powers under this Act are exercised in Slovakia by individual ministers after hearing the relevant delegates, and by virtue of Paragraph 20 (1) thereof.
This Act takes effect in the Czech and Moravian-Silesian countries on the 30th day following its publication, in Slovakia on the day laid down by the Government of the Regulation; it shall be carried out by all members of the Government. Act No. 69 / 1948 Coll. takes effect in Slovakia on 1 May 1949.
Dr Beneš v. r.
Gottwald v. r.
Broad v. r.
Laušman v. r.
Zaporocký v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr. Ševčík v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Fierlinger v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Act No. 69 / 1948 Coll., on Music and Artistic Center |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.04.1948 |
|---|---|
| Effective from | 20.05.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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