Decree of the Ministry of Culture of the Czech Socialist Republic No. 75 / 1978 Coll.
Decree of the Ministry of Culture of the Czech Socialist Republic implementing certain provisions of the theatre law
Valid
Effective from 01.07.1978
75
DECLARATION
Ministry of Culture of the Czech Socialist Republic
of 28 June 1978
implementing certain provisions of the theatre law
The Ministry of Culture of the Czech Socialist Republic provides pursuant to § 38 of the Act of the Czech National Council No. 33 / 1978 Coll., on theatrical activities (theatrical Act), in agreement with the Ministry of Education of the Czech Socialist Republic and the Ministry of Labour and Social Affairs of the Czech Socialist Republic:
DIVADELS
(K § 3 (1) of the theatre law)
Circuit of theatre artists
Theatre artists are actors, singers, dancers, puppeteers, mimic artists, musicians, conductors, choreographers, ballet masters, correspondents, dramateurs, directors and stage artists.
Professional competence
(1) The professional competence of a theatre artist means the fulfilment of established conditions of vocational education, professional experience and artistic talent requirements, or other competences or characteristics, as appropriate.
(2) The specific conditions of professional competence laid down by the relevant wage rules for the performance of theatrical activities in relation to thetheatre or to the agency shall apply mutatis mutandis to persons performing theatrical activities for remuneration under the contract under the rules on copyright law. 1)
Certification of competence
(1) Vocational education obtained at a university is certified by a diploma, a certificate of successful completion of the graduate examination at a conservatory or other secondary school, and a certificate of successful completion at a military school. Specific regulations apply to the recognition of vocational training obtained abroad .2)
(2) Professional practice is certified by evidence of the performance of theatrical activities or related artistic activities in or outside the employment relationship.
(3) Artistic talent and, where appropriate, other required abilities or qualities are certified in public bankruptcy.
Recruitment of theatre artists and appointment of theatre directors
(K § 3 (2) and § 5 (5) of the theatre law)
Admission of theatre artists to the theatre
Theater artists are recruited on the basis of a public bankruptcy. The director of the theatre may refrain from occupying the place on the basis of a public audition if the theatre artist, whose extraordinary professional competence is known, is applying for it.
Public auditions for theatre artists in the theatre are published by the director. The conditions and other requirements to be met by the tenderer shall be indicated when the bankruptcy is announced.
Public bankruptcy shall be carried out before the bankruptcy committee (hereinafter referred to as the "commission ') chaired by the theatre director or by the director of the art ensemble appointed by him. The Commission shall comprise at least two other members of the relevant art ensemble appointed by the director of the theatre in agreement with the competition committee of the trade union. The Director may appoint as members of the Commission managers or members of other artistic ensembles of the theatre, members of his advisory bodies or other experts.
(1) The Commission will assess the assumptions of the individual tenderers and the fulfilment of the other requirements set out in the bankruptcy proceedings and, where appropriate, the level of their artistic performance before the commission.
(2) After assessing the outcome of the public bankruptcy, the commission shall determine by voting the order of the tenderers who fulfil the conditions for admission to employment; the opinion of the President of the Commission shall be decisive in the event of a tie.
Admission of theatre artists to the Agency
Paragraph 4 to 8 shall apply mutatis mutandis to the admission of theatre artists to work with the Agency.
Conditions of public bankruptcy for the appointment of the director of the theatre
(1) The Ministry of Culture of the Czech Socialist Republic, National Committees, Social Organisations and Cultural Funds for Theatres, which are managed by the Ministry of Culture of the Czech Socialist Republic, and the National Committees, Social Organisations and Cultural Funds for Theatres, hereinafter referred to as "the writer."
(2) The public bankruptcy is carried out before a commission set up by the author from representatives of the Ministry of Culture of the Czech Socialist Republic (hereinafter referred to as the "Ministry of Culture"), organisations whose mission is to bring together authors and performers from the field of theatre art, the relevant trade union as well as experts from the field of theatre. The members of the committee are also artistic bosses and selected leaders of individual theatre departments. The committee chairman shall be a representative of the writer. The author shall establish a procedure for the hearing and decision of the Commission when filing the bankruptcy.
(3) The Commission will assess the eligibility of individual applicants for the theatre director, taking into account the artistic focus, roles and conditions of theatre activity. After assessing the results of the public bankruptcy, the commission shall determine the ranking of the candidates who fulfil the conditions for appointment as the director of the theatre; the opinion of the President of the Commission shall be decisive in the event of a tie.
OCHOTIC FILES
(K § 10 to 14 of the Theater Act)
Notification of establishment, takeover and cancellation of the amateur file
(1) The setting-up of the amateur file shall be notified in writing by the socialist organisation which set up the file (hereinafter referred to as "the founder"). The notification shall indicate the precise designation of the founder, the date of establishment of the ensemble, the name, the artistic orientation and the place (s) of operation of the ensemble, the name and the professional training of its manager and, where appropriate, the artistic managers; the notification of the takeover of the file of which the founder has ceased to exist shall also indicate the precise designation of that authority.
(2) The file shall also be cancelled by the founder in writing. The notification shall state the name of the file, the reason and the date of its cancellation.
(3) In the case of a set established, taken over or cancelled by a trade union, the Council responsible for the permanent establishment of the ensemble shall comply with the notification requirement of § 10 (2) and § 14 of the theatre law.
Obligations of the arbitrator
It is the duty of the founder to ensure on a permanent basis a set of conditions for its operation in accordance with the mission of theatre activity under the law; in particular, the contracting authority shall:
(a) create organisational, material and technical assumptions for the operation of the file;
(b) issue the organisational rules of the file;
(c) appoint a file manager who is responsible for the ideal and artistic level of the work of the file, or, depending on the nature and composition of the file, other members of the management of the file or approve them in such functions on the basis of the proposal of the file manager; cancel the file manager or, if applicable, other members of the file management;
(d) to take care, in cooperation with the relevant cultural educational and other cultural organisations, in particular theatres, of the continuous idea and artistic growth of the ensemble and of the artistic focus and selection of theatrical works corresponding to the objectives set out in the establishment of the ensemble;
(e) discuss and approve the work plans and budgets of the file;
(f) assist in the social application of the file;
(g) check and regularly evaluate the activity of the file.
Activity in the amateur file
(1) Membership is voluntary and free of charge; an activity in the file shall not give rise to a right to remuneration and shall not be treated as a work activity with the exceptions referred to in paragraph 2.
(2) The function of the director of the ensemble or, where appropriate, of other artistic managers may also be performed in an employment relationship or on the basis of agreements on work outside the employment relationship; (4) Similarly, the founder may entrust tasks relating to the care of the ideal and artistic growth of the ensemble to theatrical artists and other experts.
(3) The performance of the theatre artist in the performance of the ensemble, if performed as a reward, must be contracted with the relevant regional agency.
Professional care of amateur files
(1) Regional national committees shall, as a general rule, ensure file records, monitoring of their activities and their cultural political and social exploitation through district cultural centres.
(2) Methodiké-consultancy, educational and consulting services of the ensembles are carried out in particular by the Institute for Cultural Education in Prague and regional and district cultural centres.
AUTHORISATION AND ORDER OF THE PRESENTATION
(K § 15 to 23 of the theatre law)
APPLICATION FOR AUTHORISATION
(1) An application for the authorisation of a performance, the organizer of which is not a theatre or which does not take place in the framework of an approved cultural event, shall be submitted by the organiser on a prescribed form, which shall serve at the same time as the application for the approval of the competent protection organisation of the author to use the theatre work.
(2) The application shall be submitted separately for each performance.
(1) The application shall indicate the exact description of the organiser and performers, the time and place of the performance, the name of the author and the title of the theatre work to be presented at the performance and the amount of the admission fee. The local (urban) national committee responsible for the decision to authorise the performance may also require communication with other information relating to the performance.
Events organised by theatre
In the announcement of the organisation of performances in the field of its activity (§ 21 (2) of the Theatre Act) and in the application for permission to hold performances outside the field of its activity (§ 21 (3) of the Theatre Act) 5), the theatre will state the place and date of the performance, the name of the author and the name of the theatre work which it intends to perform at the performance. More performances may be included in the notification and application within a certain time span.
Presentation in the framework of an approved cultural event
(1) In the notification of the performances to be held in the framework of an approved cultural event (§ 23 (2) of the Theater Act), the organizer shall indicate the name of the event and the designation of the authority which approved it, the places and dates of the performance, the names of the authors and the names of the theatre works to be shown at those performances. If performances are to be held on the territory of several counties, the organiser shall notify all the county national committees concerned.
(2) The notification referred to in paragraph 1 shall be made in writing by the organiser at least eight days before the start of the cultural event.
Organiser's obligations
The organizer must not promote the performance before his permission. The information given in the promotional material shall be in accordance with the information given in the authorisation.
(1) Within 14 days of the performance, the organiser shall notify the protection organisation of the author's data for the calculation and determination of the operator of the royalties (date and place of performance, author's name, name of the presented theatre work, number of visitors and total sales on the admission fee). Within the same period, the author's protection organisation shall notify both the organiser and the organiser of the approved cultural event for the performances held in the framework of the action.
(2) The theatre shall notify the information referred to in paragraph 1 for the performances organised by it, as well as for the performances for which the organiser has contractually assumed the duties of the author's protection organisation with its prior consent, in aggregate for the period agreed with the copyright protection organisation.
(3) If the organiser leaves the venue of the performance after holding the permitted performance or changes it with the agreement of the national committee which authorised the performance, he shall inform the copyright organization without delay.
SURVEILLANCE OF PRESENTATION
(K § 24 to 27 of the theatre law)
Approval to ensure supervision
The approval of the district or local (urban) national supervisory committee (6) may also be for more than one performance, or all performances organised in the circumference of the designated national committee within a certain time span.
Supervision
The supervisory authority or the authority responsible for its security (hereinafter referred to as the supervisory authority) shall, as a general rule, supervise the performance through its experts; the national committee may also authorise the members of its competent committee. The powers to exercise supervision shall be in writing.
The person empowered to exercise supervision shall report in writing to the authority which authorised it to exercise supervision within three days of the performance; if it has prohibited or interrupted the performance and prohibited its continuation, it shall report in writing without delay.
Service of decisions
(1) The decision to prohibit or suspend the performance and to prohibit the continuation of the performance, as expressed by the oral declaration of the person empowered to exercise supervision, shall be issued by the supervisory authority in writing within three days.
(2) The original of the decision referred to in paragraph 1 shall be forwarded at the same time as:
(a) establishing an organisation (§ 5 (2) of the Theatrical Act) or a body of the State Administration which approved the cultural event under which the performance took place, if it was a performance in which the supervision was carried out under the authority of that body;
(b) the relevant regional agency, if it has been involved in the performance outside the operation of theatres on which theatrical artists performed as a reward,
(c) the founder of the amateur file, if he has heard of the presentation of that file.
INSPECTION ACTIVITIES OF STATE GOVERNANCE AUTHORITIES
(K § 33 of the theatre law)
Content of inspection activity
(1) The theatre activities are monitored and controlled by the Ministry of Culture, the Regional National Committees and the Regional National Committees, within the scope of their competence and tasks, provided for by the Act of Theatre, through persons responsible for inspection activities (hereinafter referred to as "inspectors").
(2) In their activities, inspectors aim at the detection of:
(a) how theatres and other socialist organisations perform their cultural policy tasks in the theatre sector;
(b) whether theatrical works are studied and prepared for public stage performances in accordance with the approved dramaturgical plan and with the intentions pursued by it;
(c) how the activity of amateur files develops;
(d) where theatrical artists acting outside the employment relationship to the theatre or agency perform their activities in accordance with the provisions of the theatre law;
(e) whether the performances are prepared and promoted in accordance with the authorisation granted;
(f) if the conditions laid down for the performance of theatrical artists are complied with, and the obligations of organizers towards the protection organisation of the author,
(g) if theatrical activities are developed within the framework of foreign contacts of national committees in accordance with the interests and needs of socialist society;
(h) compliance with the guidelines of the Ministry of Culture and other competent authorities in the theatre sector.
Approval of inspectors
(1) Inspectors may:
(a) require for inspection all documents, records and other documents relevant to the purpose of the inspection;
(b) make recommendations to remedy the deficiencies identified and propose appropriate measures to the authority responsible for the inspection,
(c) draw the supervisory authority's attention to facts which require action within the limits of its competence.
(2) Inspectors are not authorised to give orders or to take measures at the expense of organisations and persons involved in the theatre activities monitored.
DIVADELY ACTIVITIES OF THE SCHEME OF ART
(K § 35 of the theatre law)
Presentation of arts schools
(1) The performance which the high or secondary art school of the dramatic direction, conservatory or folk arts school (hereinafter referred to as "the school") does not hold in accordance with its curriculum or curriculum, or which is organised by the school outside its premises, as well as the performances organised by other organisations and performed by pupils, students and pedagogues may be held only on the basis of the authorisation of the local (urban) national committee responsible for the place of performance; the national committee is also responsible for overseeing the performance.
(2) Other performances organised by the school are considered as performances organised by the theatre.
Theater activities in contact with foreign
The approval of the Ministry of Culture and the Ministry of Education of the Czech Socialist Republic is required for the performance of schools (their groups, students and teachers) abroad.
TRANSITIONAL AND FINAL PROVISIONS
(K § 37 of the theatre law)
The registration of amateur files set up by organisations authorised to set up the sets under the theatre law shall be carried out by the relevant regional national committees on 1 July 1978 and shall be sent to their founders in writing no later than four months after the effective application of the theatre law.
This decree shall take effect on 1 July 1978.
Minister:
Dr. Klusák, CSc.
1) Sections 27 and 39 (1) of Act No. 35 / 1965 Coll., on the works of literary, scientific and artistic (Copyright Act).
2) Instruction No 21 / 1957 Coll. on the novification of the foreign certificate of graduation (adult exam) - reg. in paragraph 2 (b) zl. No 129 / 1967 Coll. (srv. amount 9 / 1966 Coll. NV, pol. H 11). Decree No. 72 / 1959 of the Ú. l., on nostalification of studies conducted at foreign universities and scientific (artistic) institutes. Decree No. 83 / 1974 Coll., on the equivalence and recognition of diplomas and diplomas of education issued in the Union of Soviet Socialist Republics, as amended by Act No. 147 / 1976 Coll. Decree No. 146 / 1976 Coll., on the recognition of the equivalence of documents of graduating from secondary, secondary and higher education institutions and documents of award of degrees.
3) § 354 of Economic Code No. 109 / 1964 Coll. (full text, published under No. 37 / 1971 Coll.).
4) § 232 et seq. of the Labour Code.
5) The District National Committee shall proceed with the authorisation provided for in Paragraph 18 (2) of the Theater Act.
6) Paragraph 24 (2) and (3) of the theatre law.
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Regulation Information
| Citation | Decree of the Ministry of Culture of the Czech Socialist Republic No. 75 / 1978 Coll., implementing certain provisions of the theatre law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1978 |
|---|---|
| Effective from | 01.07.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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