Cubalex, 27 July 2018 — Details of Decree 349/2018, dictated by the Council of Ministers, which establishes the “Violations of the regulations in respect to the cultural policy and concerning the provision of artistic services”: In accordance with subparagraph a) of Article 2.
Possible behaviors that violate this provision:
That you approve or permit the realization of artistic service without said service having been approved and contracted for by the cultlural institution responsible for that artistic service.
That you approve or permit the realization of artistic service with the use of media and installations belonging to an entity, without said services having been approved and contracted for by the cultural institution responsible for that entity.
That you approve or permit the realization of artistic service with the use of those associated with the commercial activity which has authorization, without said services having been approved and contracted for by the cultural institution responsible for its authorization.
These behaviors are considered very serious and the amont of fine imposed is 2,000 Cuban pesos.
If in the period of one year the same person incurs more than one violation or is warned, this is considered another incident and a single fine of 4,000 Cuban pesos is imposed.
In addition they can seize the equipment, computers, fixtures and other property, suspend immediately the performance or the showing of material.
They also can cancel the authorization to show it, based on self-employed work activity.
Commentary and doubts:
The non-specified norm that is understood by artistic services allows a wide margin of discretional activity to those charged with its execution. It’s a form of advance censorship because it doesn’t allow the realization of artistic activity without authorization from the Ministry of Culture.
You have to be approved and contracted by a cultural institution, but not just any, only the one responsible for the provision of artistic services. Can’t they give an example of the cultural institutions that provide artistic services?
Here it’s not clear to whom this rule is directed, to the owner of a business or a director of an entity belonging or subordinated to the Ministry of Culture? Please inform us if you know of any business that can be affected by these rules.
Is the fine of 2,000 pesos commensurate with the income artists receive?Make this calculation taking into account that many times their works require investment in raw material or high-cost equipment, in specific markets.
Comment and share! Send your responses to email@example.com.
The entry The essence of Decree 349/2018: subparagraph 2) of Article 2 first appeared in Cubalex.
Translated by Regina Anavy