In Debate: Replies to Doubts About Decree 348/2018 / Cubalex, Laritza Diversent

Together we can. No to Decree 349. A law that makes art a crime..

What are “artistic services?”

Cubalex, 2 August 2018 — Artistic services are those offered by government organisations authorised to contract artistic workers. Artistic services may be requested from these entities. As I understand it, they are like agencies which employ artists or groups of artists. An individual or a business contracts the service, and pays the organisatioon. Then, the agency pays the artist. (Resolution 44/2014 “Regulations governing work arrangements for those whose work is of an artistic nature.”)

Is this terminology only used for people who are paid for their work as artists, or is it for all artists who show up in a place, if it is an independent place, like ours, where they aren’t paid to turn up?

According to Resolution 54/2014 “Regulations governing artistic work evaluation”, AN ARTIST is a person who interprets or carries out one or several works in accordance with each appearance and speciality.

To work professionally in each artistic field, a work evaluation is essential, apart from those exceptions established by the employment legislation in force for this sector (Article 11)

The artistic evaluation is confirmed by way of the issuing of the appropriate Evaluation Certificate, and is independently authorised for each speciality or each artistic position on an individual basis for each artist, and for groups of more than one artist, without prejudice to the individual pay guarantee (Article 10)

The regulation imposed by Decree 349/2018: One may not work as an artist, or carry out artistic activities without government authorisation

In accordance with Decree 349/2018, only state-authorised artists can offer artistic services, on an individual basis or on behalf of a group, and payment for work carried out is only permitted for such people.

Only people with authorisation to carry out artistic work in an artistic  position or occupation can offer artistic services, on condition that they have a signed “established contract”, with a state institution which is authorised to contract artists and to approve their offer of artistic services.

If an artist provides his services without the authority of an employing organisation which contracts with him, then an offence is committed and he will be fined. Additionally, any instruments, equipment, accessories or other goods may be seized, the performance or relevant screening immediately cancelled, any authorisation to perform independently may be cancelled, and the employing organisation may apply disciplinary measures.

Do you know where the Cuban cultural policy may be found?

The Cuban cultural policy should be all the regulations imposed by the Ministry of Culture, a government entity of the Central Government Administration of the Republic of Cuba, charged with the direction, guidance, control and execution, within its operational ambit, of the cultural policy of the state and Cuban government, in order to guarantee the defence, preservation and enrichment of the cultural heritage of the Cuban nation. The Mincult (Ministry of Culture) has a website where the cultural policy is explained.

M.sc Laritza Diversent, Executive Director of Cubalex

First published in Cubalex.

Translated by GH