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Republic of lithuania Law On the status of an artist and the status of an organisation of artists 15 August 1996 No I-14

Republic of lithuania Law On the status of an artist and the status of an organisation of artists 15 August 1996 No I-1494 Vilnius (As last amended on 9 November 2010 – No XI-1101) CHAPTER ONE GENERAL PROVISIONS Article

  1. Purpose of the Law This Law shall establish the grounds and procedure for granting and revoking the status of an artist and the status of an organisation of artists. Article
  2. Definitions
  3. Artist means a natural person who creates art works, performs them in a distinctive manner and on this ground is granted the status of an artist.
  4. Organisation of artists means an association which is granted the status of an organisation of artists and which unites artists according to art forms or combinations of these art forms. Its goals shall be to implement creative programmes, to protect creative, professional, social rights, copyright and related rights of artists, and to represent artists in accordance with the procedure laid down by laws.
  5. Creation of art means the totality of artworks created by a person or a group of persons or performed by him/them in a distinctive manner.
  6. Artwork means an original result of creative work, regardless of a mode and form of expression.
  7. Professional artistic assessor means a person with a higher university education who develops knowledge in the sphere of culture and art and publishes results of such activities in monographs, studies, reviews and articles in Lithuania and/or abroad.
  8. Professional art means original creation of high professional and artistic value, recognised as such by professional artistic assessors. CHAPTER TWO grounds and procedure for granting and revoking the status of an artist and the status of an organisation of artists Article
  9. Grounds and Conditions of Granting the Status of an Artist and the Status of an Organisation of Artists
  10. The status of an artist shall be granted to a person who creates professional art, if such person’s creation of art conforms to at least one of the following grounds for granting the status of an artist: 1) the person’s individual or collective creation of art has been positively evaluated as professional art in monographs, reviews or articles published by professional artistic assessors, or their recommendations and thus recognised as professional creation of art; 2) the person’s creation of art is included in general education curricula, vocational training programmes and higher education study programmes approved in accordance with the procedure laid down by the law; 3) the creation of art by a person or a group of persons has been honoured with the National Culture and Art Prize of Lithuania, the Art Prize of the Government of the Republic of Lithuania, the Art Prize of the Ministry of Culture or an international art prize, other prizes and awards given by organisations of artists, or a laureate’s diploma of an international competition of professional art creators and/or performers (except competitions of pupils and students); 4) the person’s artworks have been acquired by national museums or galleries of Lithuania or foreign states; 5) the person has published art-assessment articles and reviews in Lithuanian or foreign publications for not less than five years; as well as the person who has been awarded the Doctor of Science degree or the Doctor of Arts degree for research activities in an appropriate art form; 6) the person who teaches subjects of the art study field and holds the position of professor or associate professor at a higher education institution which prepares professional artists according to art study programmes; 7) the person has been, individually or with a group of artists, selected and represented Lithuania at internationally recognised events of professional art.
  11. The status of an artist which has been granted to a person in one art form may be recognised in another art form, provided that his creation of art meets the requirements referred to in paragraph 1 of this Article. The status of an artist may be granted in pursuance of the procedures laid down in Article 5 of this Law.
  12. The status of an organisation of artists shall be granted to an association, if it conforms to all the grounds for granting the status of an organisation of artists: 1) not less than 25 artists have founded the association; 2) only artists or organisations holding the status of an artist and uniting not less than five members – organisations of artists – are members of the association; 3) the association promotes creation of art of high professional value, its diversity and dissemination; 4) the association set conditions for creation of art, creative work and professional development of its members; 5) the association arranges for accessibility of art works to the public; 6) the association represents artists of the whole country (not one of its regions). Article
  13. Statutes of an Organisation of Artists Apart from the mandatory information provided for in the Civil Code of the Republic of Lithuania (hereinafter referred to as the “Civil Code”) and the Law of the Republic of Lithuania on Associations (hereinafter referred to as the “Law on Associations”), statutes of an organisation of artists must indicate that creation of art of new members admitted to the organisation of artists should meet the requirements laid down in paragraph 1 of Article 3 of this Law. Article
  14. Ways of Granting the Status of an Artist
  15. The status of an artist shall be granted: 1) on the decision of an organisation of artists, when admitting to this organisation a person whose creation of art conforms to at least one of the grounds for granting the status of an artist, laid down in paragraph 1 of Article 3 of this Law; 2) on the decision of the Council for Granting the Status of an Artist and the Status of an Organisation of Artists – if a person does not belong to an organisation of artists which is recognised as such in accordance with the procedure laid down in Article 7 of this Law.
  16. The decision of the Council for Granting the Status of an Artist and the Status of an Organisation of Artists to grant the status of an artist shall be approved by the Minister of Culture. Article
  17. Council for Granting the Status of an Artist and the Status of an Organisation of Artists
  18. The Council for Granting the Status of an Artist and the Status of an Organisation of Artists (hereinafter referred to the “Council”) shall be set up by the Minister of Culture. The Council shall be a public institution granting by a collegial decision the status of an artist and the status of an organisation of artists.
  19. The Council shall consist of seven members. The term of office of the Council shall be two years. All the organisations holding the status of an organisation of artists shall each submit to the Ministry of Culture one candidate for Council members; the Minister of Culture shall appoint from among the submitted candidates five Council members representing different art forms and two members from among professional artistic assessors.
  20. The Minister of Culture shall approve the regulations and composition of the Council.
  21. If an organisation of artists amends its statutes, it must submit them to the Council within 30 days. The Council shall evaluate whether or not the amended statutes conform to the requirements of this Law.
  22. When the Council carries out inspection, an organisation of artists must present to the Council a copy of its statutes, a list of its members and a report on its activities drawn up in compliance with Article 10 of the Law on Associations. Article
  23. Procedure for Granting the Status of an Artist and the Status of an Organisation of Artists
  24. Applications of persons concerning the grating of the status of an artist or the status of an organisation of artists shall, with the exception of the cases referred to in paragraph 6 of this Article, be considered and decisions shall be taken by the Council in accordance with the procedure laid down by the Rules on Grating the Status of an Artist and the Status of an Organisation of Artists. These Rules shall be approved by the Minister of Culture.
  25. A person seeking the status of an artist must, together with an application, submit to the Council the following documents: 1) a copy of the document confirming his identity; 2) a list of main art works and publications about creation of art and/or the artist; 3) copies of the documents confirming the awarding of prizes, conferring of the title of a competition laureate, a research degree, an academic title; 4) copies of the documents confirming that the art works created by him have been included in study and training programmes, that they have been acquired by museums; 5) copies of the documents confirming that his creation of art conforms to the grounds for granting the status of an art laid down in paragraph 1 of Article 3 of this Law.
  26. An association seeking the status of an organisation of artists must, together with an application, submit to the Council the following documents: 1) a copy of the statutes of the association; 2) a copy of the memorandum of association; 3) a copy of the certificate of registration of a legal person; 4) a list of the association members and copies of the decisions of the Council or the organisation of artists, approved by the Minister of Culture, proving that its members have been granted the status of an artist; 5) a report on the association’s activities since its start, prepared in compliance with Article 10 of the Law on Associations.
  27. The Council, having considered the applications and established that the natural person’s creation of art, the statutes of the association, the memorandum of association, the composition and activities of the association members meet the requirements of this Law, shall take a decision to grant the status of an artist or the status of an organisation of artists. Having established that the natural person’s creation of art, the statutes of the association, the memorandum of association, the composition and activities of the association members do not meet the requirements of this Law, the Council shall take a decision to refuse to grant the status of an artist or the status of an organisation of artists.
  28. The Minister of Culture shall approve a decision of the Council to grant or to refuse to grant the status of an artist or the status of an organisation of artists within 14 working days from the day of receipt of a respective decision of the Council. This fact shall be communicated in writing to the interested persons within five working days from the date of approval of the decision of the Council.
  29. In the cases when the status of an artist creator is granted in the manner prescribed in subparagraph 1 of paragraph 1 of Article 5 of this Law, the Minister of Culture, taking into consideration the lists of artists submitted by organisations of artists and the adopted decisions to grant the status of an artist, shall approve the grating of the status of an artist within 14 working days from the date of receipt of the said documents. Organisations of artists shall be informed in writing about this within five working days from the date of approval of the decision of an organisation of artists.
  30. The status of an artist or the status of an organisation of artists shall be deemed granted from the date of approval of the decision of the Council or the organisation of artists. Article
  31. Loss of the Status of an Artist and the Status of an Organisation of Artists
  32. The status of an artist shall be lost: 1) when the Council establishes that a person has acquired the status of an artist upon submitting incorrect documents concerning his creation of art; 2) where the court establishes the fact of plagiarism of the creation of art; 3) where the dissemination of results of the artist’s creation of art goes unnoticed.
  33. The decision of the Council on the loss of the status of an artist shall be approved by the Minister of Culture.
  34. The status of an organisation of artists shall be lost: 1) when the Council establishes that the organisation of artists does not conform to the grounds laid down in paragraph 3 of Article 3 of this Law and when the Council takes a decision on the loss of the status of an organisation of artists. The decision of the Council on the loss of the status of an organisation of artists shall be approved by the Minister of Culture. The interested persons shall be informed in writing about the decision on the loss of the status of an organisation of artists within five working days from the date of approval of the decision; 2) when the organisation of artists ceases to exist in accordance with the procedure laid down by the law. Article
  35. Accumulation of Data on Artists and Organisations of Artists
  36. Data on artists and organisations of artists shall be accumulated within the computerised information system of artists and organisations of artists, which is managed by an institution authorised by the Government. The Council and organisations of artists shall furnish the data to the institution authorised by the Government and managing the computerised information system, except orders of the Minister of Culture regarding the granting of the status of an artist and the status of an organisation of artists.
  37. The following data of an artist shall be entered in the computerised information system of artists and organisations of artists: 1) registration number of the artist assigned by the information system; 2) date and registration number of the order of the Minister of Culture regarding the granting the status of an artist; 3) name (names), surname (surnames) of the artist; 4) personal number of the artist.
  38. The following data of an organisation of artists shall be entered in the computerised information system of artists and organisations of artists: 1) registration number of the organisation of artists assigned by the information system; 2) date and registration number of the order of the Minister of Culture regarding the granting the status of an organisation of artists; 2) code of the enterprise; 4) name; 5) head office (address), telephone number and, if available, fax number, e-mail address; 6) names, surnames and personal numbers of the members of the organisation of artists. CHAPTER THREE RIGHT OF ARTISTS AND ORGANISATIONS OF ARTISTS TO STATE SUPPORT Article
  39. Promotion of Creative Activities of Artists and Organisations of Artists
  40. State grants and prizes shall be granted with the aim to promote artistic activities of artists.
  41. The Government shall lay down the procedure for awarding state grants and prizes to artists.
  42. Artists shall have the right to bring, in accordance with the procedure laid down by the Government, into the Republic of Lithuania the art works created by them at the events held by the foreign states other than the Member States of the European Union.
  43. Activities and creative programmes of organisations of artists shall be financed from appropriations of the state budget allotted for the Ministry of Culture. Article
  44. Social Security of Artists
  45. Support shall be granted to artists from the Programme for Social Security of Artists which is approved by the Government.
  46. Social guarantees for artists shall be established by other laws and legal acts. Article
  47. Programme for Social Security of Artists
  48. The objective of the Programme for Social Security of Artists shall be to provide support to artists receiving low and irregular income as well as to artists who are in creative standstill.
  49. The Programme for Social Security of Artists shall be administered by an institution authorised by the Government in accordance with the procedure laid down by the Government. All artists shall be equally entitled to state support. Article
  50. Sources of Funding of the Programme for Social Security of Artists Funds of the Programme for Social Security of Artists shall consist of targeted appropriations of the state budget provided for an institution authorised by the Government. CHAPTER FOUR ASSOCIATION OF ORGANISATIONS OF ARTISTS Article
  51. Association of Organisations of Artists
  52. An association of organisations of artists shall be a public legal person of limited civil liability established under the Law on Associations, which unites associations having the status of an organisation of artists and the purpose of which is to implement the cultural policy in the field of professional creation of art as well as to defend the interests of artists.
  53. An association of organisations of artists shall, in its activities, act in compliance with the Law on Associations, the Civil Code, this Law and other laws as well as its statutes and other legal acts. Article
  54. Functions and Rights of an Association of Organisations of Artists
  55. The functions of an association of organisations of artists shall be as follows: 1) to carry out monitoring of the social situation of artists; 2) to carry out monitoring of the development and dissemination of the creation of art; 3) to perform functions of the expert on the issues of professional art in courts and other institutions; 4) to submit conclusions to Government institutions or institutions authorised by the Government when preparing drafts of legal acts; 5) to accumulate information and statistical data related to artists, their organisations in Lithuania and abroad.
  56. An association of organisations of artists shall have the right: 1) to represent the interests of its members and to defend them; 2) to present proposals regarding the amendment of effective legal acts; 3) to participate in the solution of issues related to the development and dissemination of professional art; 4) to cooperate with state, municipal institutions, creative, professional and other organisations from Lithuania and foreign countries; 5) to pursue economic and commercial activities which are not prohibited by laws and which are inseparably connected with the objectives of their activities; 6) to exercise other rights specified in the statutes of the association of organisations of artists. Article
  57. Property and Sources of Income of an Association of Organisations of Artists
  58. An association of organisations of artists may possess by the right of ownership buildings, vehicles, equipment and other property necessary for activities provided for in their statutes; such property may be acquired from the sources of income specified in paragraph 2 of this Article.
  59. Sources of income of an association of organisations of artists shall be as follows: 1) membership fees and targeted contributions; 2) funds of state and municipal budgets intended for implementation of the assigned functions and creative programmes; 3) property and funds transferred by natural and legal persons for no consideration; 4) inheritance granted under the will to the association of organisations of artists; 5) interest paid by credit institutions on the funds deposited in these institutions; 6) other funds obtained legitimately.

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