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Report on Publishing Legislation in Slovakia
Introduction As in other Central and East European states, 1989 was a turning point for the Slovak Republic. Considerable changes also occurred in the sphere of book publishing and distribution where there had been efficient mechanisms covered by legislation. The small number of exclusively state-owned publishing houses with relatively good financial means enabled the publication of books with large print runs and some books (e.g. compulsory school reading) in enormous runs of 70,000 - 100,000 copies. These books were published in various series and club editions at low prices accessible to people from all walks of life and books were bought as a matter of course. However, a considerable number of books were banned on ideological grounds, that is, either the book or its author was considered objectionable. The distribution of books was ensured through a state establishment that bought the entire run from the publishing houses, but the distributor's commission was rather low. At the beginning of the 90s, the state publishing houses were closed or privatised one by one. Book distributors and booksellers underwent the same process. Furthermore, during the last ten years many new publishing houses began to operate and new bookshops were opened while others were liquidated on economic grounds. On March 1, 1999 the National Agency for ISBN registered 2.231 publishers; around 400 of them publish only one book a year. This relatively high number includes publishers in schools and universities, research institutes and scientific establishments, as well as organisations of the third sector, etc. Nowadays, book publishing and distribution to readers is regulated by the rules of a market economy. Legal regulations, largely repealed in the years 1990-1993, have not been adequately substituted. Shortage of financial means on one side and growth of economic input on the other are, to a considerable extent, influenced by the absence of legal regulations on a subsidy of the book business and of tax, postal or other relief. These circumstances have resulted in books becoming expensive goods, published with very small impressions. Book prices have grown ten times or more within the last decade, while the costs of individual books were lowered by the same multiple. As a matter of fact, the book has become a luxury item for a common consumer, bought only occasionally by a broad public.
We approached the project
in line with the recommendations of the contractor using the division
of items used by the Hungarian compiler into ten thematic areas. Part
A contains a precise of a certain thematic area, while Part B mentions
legal regulations and includes their full wording or wording of sections
related to book publishing, distribution and sales, Part C contains the
translation of part A and part D contains the translation of legal regulations.
I Freedom of publication
Freedom of speech, i.e.
also freedom of publication is guaranteed by the Constitution of the Slovak
Republic (Act No. 460/1992). This right is entrenched in the Constitution
in a sufficiently clear formulation (part B 1 and D 1).
II Limitation of freedom of publication Freedom of publication can only be limited pursuant to law and under conditions stipulated by the Constitution of the Slovak Republic (part B 2 and D 2). No act limiting freedom of publication has been passed in the sphere of book publication. In cases where a publisher publishes a publication including facts grossly violating civil co-existence or acts against humanity and such action constitutes one of the merits of Act No. 140/1961 as amended it is possible to inflict a penalty of imprisonment upon him or in some cases a fine or a penalty of forfeiture (part B 3 and D 3).
The publisher may be also
limited by a prohibition of distribution of the work (part B 4, D 4) with
possible criminal sanctions (part B 5 and D 5) if copyright has been violated.
III Prerequisites of enterprise in book publishing
Prior to beginning activities
neither the publisher, the book distributor nor the bookseller are obliged
to fulfil any obligations. Pursuant to Act No. 455/1991 on licensed business
(the Trades Licensing Act) as amended, the publication and distribution
of book publications are classified as free notifiable trades (part B
6 and D 6). The necessities of notification are regulated by the Trades
Licensing Act. On the basis of the notification the Trade Licensing Office
is obliged to issue a trade licence to the entrepreneur from the sphere
of publication and distribution of book publications within 15 days (part
B 7 and D 7) and the entrepreneur is obliged to pay an administrative
fee in accordance with Act No. 145/1995 on Administrative Fees as amended,
to the amount of 1.000 SK (part B 8 and D 8).
IV. Obligations and regulations that must be met by the publishers In accordance with Act No. 13/1993 on Art Funds the publisher is obliged to transfer the contribution of the author's fee when paying the author, the author's fee, if publishing a free work the publisher will transfer the contribution for its use, and the entrepreneur in the sphere of book publications, distribution and sales is obliged to transfer a contribution from the user of the work (part B 9 and D 9). The data on the title page and in the imprint are specified as being at the publisher's discretion. Nowadays there is no valid legal regulation regulating these details. In accordance with the General Agreement on Copyright the publisher applies the sign Ó in each copy (part B 10 and D 10). The publisher is obliged to identify a non-periodical publication by an ISBN (part B 11 and D 11) and send compulsory copies to authorised places (part B 12 and D 12). At present the publisher is obliged to send 14 compulsory copies to various institutions. This number is high and raises the publisher's expenses intolerably (for one hundred average-priced books published it represents an amount of almost 60,000 SK, including postal fees).
In determination of the
prices of books and in their sale the publisher or the seller follows
general provisions of Act No. 18/1995 on prices (part B 13 and D 13).
V. Copyright At present, Act No. 383/1998 The Copyright Act and the Act by which the Customs Act is Changed and Amended in Its Subsequent Legislative Wording (part B 14 and D 14) is in effect in the Slovak Republic. An amendment of the Copyright Act is being prepared that is to come into force on August 1, 2000. The most important change that is prepared is the omission of the rate of the author's fee determined in the amount of at least 13% of the price of the production cost of the publication. The Czechoslovak Republic, of which Slovakia had been a part until 1992, joined the Bern Treaty on the Protection of Literary and Artistic Work in 1921 and in 1980 signed its Paris wording of the year 1971. The Czechoslovak Republic joined the General Treaty on Copyright concluded in 1960 in Geneva. After the break up of the Czechoslovak Federal Republic both the Czech Republic and the Slovak Republic separately became members of both Treaties.
In December 1999 the Slovak
Republic joined the two treaties of WIPO of 1996: WIPO Copyright Treaty
and WIPO Performances and Phonograms Treaty.
VI. Taxes The amount of value added tax is regulated by Act No. 289/1995 on Value Added Tax as amended (part B 15 and D 15). The amount of VAT is the highest in Europe. The price of books is influenced by other indirect taxes as well, as VAT of material, excise taxes on hydrocarbon fuels and mineral oils, road tax, and property taxes are reflected in the prices of all goods and services related to book publishing (printing work, distribution, sales).
Pursuant to Act No. 366/1999
on income taxes certain financial revenues of the publisher are exempt
from taxation, in cases where she/he is an individual person (part B 16
and D 16).
VII. Import duties The Slovak Republic joined the Treaty on the Import of Material of an Educational, Scientific or Cultural Nature, accepted in 1950 in Florence and in effect since 9 June 1997. There is also a regulation of the Ministry of Finance of the Slovak Republic No. 17/1994 on exemption from import duties that is of importance for the book sector (Part B 17 and part D 17).
Regulation of the Ministry
of Finance of the Slovak Republic No. 118/1999 on Surcharges on Imports
as amended by regulation No 126/1999 (part B 18 and part D 18) applies
to importing some necessary commodities for the production of books, especially
to the importing of printing paper.
VIII. Governmental support Culture generally, and thus book culture as well, belong to fields that are not among the government's priorities at present. A consequence of the currently unfavourable economic situation is that there is a tax system in effect in the Slovak Republic that allows only a small reduction of the tax base for sponsoring cultural activities (part B 19 and D 19) and there are no alternative ways of financing of the development of culture, the state does not directly grant financial means to libraries for the purchase of new books, only in the form of contributions from the Ministry of Culture's budget for their operation, there are no reduced postal fees applied to books and journals, and the government does not support bookshops in any way. These consequently have to deal with other goods (cosmetics, stationery, chemist's, etc.) as well, especially in small towns, in order to survive. Generally, we might say that extant mechanisms are insufficient to support book culture to a significant extent as is done in well-developed countries. Governmental support is at present carried out through the budget of the Ministry of Culture of the Slovak Republic, to which the publishers, distributors and booksellers may apply for a grant. The Ministry of Culture also financially participates in the organisation of book fairs and exhibitions with the intention of supporting co-operation and exchange between publishers and people working in the book trade.
Publishers may apply for
a contribution from the state fund Pro Slovakia (part B 20 and
D 20).
IX. Allowances and benefits for non-profit activities
In 1997 the Act on Non-investment
Funds was passed creating a legal setting for the establishment of subsidy
funds in the sphere of culture (part B 21 and D 21). But there are no
provisions in this Act that would motivate the establishment of such funds.
Parallel with this Act there exists an Act on Foundations (part B 22 and
D 22), their provisions are similar, so the former is in fact not used
because foundations as objective associations are more common.
X. Allowances in textbook publishing A special provision related to textbooks is included in the Act on the System of Basic and Secondary Schools (the School Act) and a governmental regulation on using textbooks and instructional texts (part B 23 and D 23). In accordance with the Act that stipulates the loan of textbooks should be free of charge for a certain range of schools and that the publishing of textbooks is to be financed by the state. Publishing houses may apply to publish textbooks in a special public tender pursuant to the Act on Public Procurement to the Ministry of Education of the Slovak Republic. |