Monaco

Last update: December, 2021

The main article in the Constitution referring to culture is:

Article 8 of the Constitution of 17th December 1962, amended by Act N°1 249 of 2nd April 2002 on the official language of Monaco: “French is the official language of the State”.

Last update: December, 2021

There is no law governing the allocation of public funds and provision is made at the discretion of the government.

When an application for public funds is made by private individuals or companies, the following criteria are used in the evaluation:

• duration of the activity;
• recognition of the cultural activity;
• the influence of the event or association;
• the advantages for the public and the Principality of such a cultural initiative.

When a grant is made by the government, the beneficiary must open its accounts for inspection by the General Auditor of Expenditure (Act N° 885 of 29th May 1970 relating to financial audits of private organisations awarded state subsidies).

Last update: December, 2021

Those officially employed in the cultural sector are covered by the general laws in force in the Principality.

A law has been promulgated to support artists (Law n°1.360 on July 4th, 2009) who can, on some conditions, benefit from social security as independent professional artists.

Last update: December, 2021

Tax reductions relating to individual sponsorship are not relevant as there is no direct taxation of individuals in the Principality.

Sovereign Edict N° 9 267 of 14th October 1988 authorises tax deductions on sponsorship from corporate taxable income.

Last update: December, 2021

There are no specific labour laws for the cultural sector. This area is governed by the rules of common law.

Last update: December, 2021

Literary and artistic property rights are governed by Act N° 491 of 24th November 1948: "Solely the author of a literary or artistic work has the right, during his / her lifetime, to publish or reproduce it, or to authorise its publication or reproduction, in any manner or form whatsoever" (Article 3).

Sovereign Edict N° 5 539 of 18th March 1975 implements the Convention instituting the World Intellectual Property Organisation, signed in Stockholm on 14th July 1967.

Last update: December, 2021

Two laws govern data protection:

• Act N° 1 165 of 23rd December1993 controlling personal data processing;
• Act N° 1 240 of 2nd July 2001modifying Act N° 1165.

These acts do not have an effect on the culture sector.

Last update: December, 2021

There is no specific legislation governing the use of languages in the cultural sector.

Last update: December, 2021

Not applicable to Monaco.

Last update: November, 2017

Sovereign Edict N° 11 338 implements the European Cultural Convention of the Council of Europe signed in Paris on 19th December 1954.

Last update: December, 2021

Various texts in force in the Principality regarding the protection of its cultural heritage are:

• European Convention on the Protection of Audiovisual Heritage – 8th November 2001;
• Amendment to the European Convention on the protection of audiovisual heritage with regard to the protection of television productions – 8th November 2001;
• Edict N° 7 705 implementing in Monaco the amendment modifying the Convention on international exhibitions signed in Paris on 22nd November 1928 – (Paris on 30th November 1972 and 16th May 1983);
• European Cultural Convention – Paris, 19th December 1954;
• Convention on the Protection of Cultural Assets in the event of armed conflict, with the Implementing Regulations – 14th May 1954. Amendment to the Convention on the protection of cultural assets in the event of armed conflict and resolutions of the Conference – 14th May 1954;
• Convention on the Protection of Cultural and Natural World Heritage – 16th November 1972;
• Convention on the Protection and Promotion of the Diversity of Cultural Expressions. – 31st July 2006;
• Convention for the safeguarding of the intangible cultural heritage – 17th October 2003;
• European Convention on the Protection of Archaeological Heritage (revised) – 16th January 1992;
• Specifications and General Conditions imposed on building contractors for the performance of Public Works and Buildings contracts in the Principality of Monaco – October 1970 – ;
• Act N° 1 014 on the public sale of furnishings of 29th December 1928;
• Act N° 491 of 24th November 1948 to protect literary and artistic works;
• Act N° 1 198 of 27th March 1998 on the Maritime Code;
• Act N° 1 277 of 22nd December 2003 on exhibitions of cultural assets;
• Act N°1. 446 of 12th June 2017 about preservation of national heritage;
• French-Monegasque bilateral agreement;
• Exchange of letters signed in Monaco on 1st August 1977.

About Museums:

• Act N° 922 of 29th May 1972 creating a public establishment called "Musée National".
• Sovereign Edict of 19th November 1950 for the creation of the Postage Stamp Museum and appointment of its curator.
• Sovereign Edict N° 5 177 of 31st July 1973 on the organisation and functioning of the "Musée National".
• Sovereign Edict N° 11 809 of 14th December 1995 for the creation of a Stamp and Coin Museum.

Last update: December, 2021

Ministerial Order N° 92 503 of September 4th 1992 sets the conditions governing the organisation of performances and other events inside buildings or in the open air where there is a public audience.

Sovereign Edict N° 2.397 of October 12th 2009 concerns the new naming of the Academy of Music.

Sovereign Edict N° 1 649 of October 3rd 1934 allows for the creation of a municipal school of music and Ministerial Order N° 63 242 of October 9^th 1963 concerns the creation of the Academy of Music.

Last update: December, 2021

Ministerial Order of 15th January 1914 enabled the professional teaching of drawing.

Last update: December, 2021

Since June 29th 2006, Act N°1 313 has provided a framework for the legal deposit of all textual, illustrated, audio, visual and multimedia documents in the Principality of Monaco. In application of this text, each printer and publisher has to deposit, depending on their nature, two to four copies of documents published, printed and designed in the Principality of Monaco. In addition to being a legal obligation, this deposit has a strong patrimonial interest. The Media Library is in charge of the legal deposit.

Also:

• Ministerial Order N° 7 981 of 2nd March 1979forbidding the fixed book price;
• Law N°1.313 of June 29th 2006 on the Registration of Copyright.

Last update: December, 2021

About Film, video and photography:

• Act N° 544 of 15th May 1951 regulating the film industry (Articles 9 to 18)
• Sovereign Edict of 11th September 1924 promulgating the International Convention signed in Geneva on 12th September 1923 to ban the distribution and trade of obscene publications.
• Sovereign Edict N° 1 646 of 30th September 1934 promulgating the International Convention to facilitate the distribution of educational films, signed in Geneva on 11th October 1933.

About Audiovisual:

• Sovereign Edict N° 264 of 8th August 1950 implementing the European Convention on radio broadcasting signed in Copenhagen on 15th September 1948;
• Sovereign Edict N° 2 512 of 26th April 1961 creating a radio and television Broadcasting Council;
• Sovereign Edict N° 3 778 of 27th November 1948 to apply to radio broadcasting the stipulations of the act to protect literary and artistic works;
• Sovereign Edict N° 3 779 of 27th November 1948 concerning the exercise of copyright in radio broadcasting; and
• Sovereign Edict N° 8 488 of 26th December 1985 implementing in Monaco the International Convention on the protection of performance or productive artists, producers of sound recordings and radio broadcasting organisations, signed in Rome on 26th October 1961.

Last update: December, 2021

The following pieces of legislation have been introduced in or signed by the Principality relating to architecture and the environment:

About Architecture :

• Act N° 674 of 3rd November 1959 concerning town planning, building and highways, amended;
• Act N° 3 647 of 9th September 1966, amended with regard to the preservation of certain districts, sites and parks;
• Sovereign Edict N° 6 749 of 22nd January 1980 for a town planning, building and highways plan of coordination and regulation for the Fontvieille platform within the public domain of the state, modified;
• Sovereign Edict N° 6 166 of 14th December 1977 for a town planning, building and highways plan of coordination and regulation for the Fontvieille platform within the public domain of the state, modified, non-assigned to the public domain of the state, modified with regard to architectural rulings specifically for this district;
• Edicts relating to certain controlled districts, such as the Sovereign Edict N° 4 836 of 6th December 1971, modified, for particular town planning, building and highways regulations in sector N° 1 of the Spélugues district with regard to specific rules applicable to certain buildings to be preserved, viz. the Hôtel Métropole.

About Environment:

• United Nations Framework Convention on Climate Change – New York 9-05-1992;
• Amendment to the Convention on Climate Change – Kyoto 1-10-1997 or 11-12-1997;
• Convention on Long-range Transboundary Air Pollution – Geneva 13-11-1979;
• Amendment to the Convention on Long-range Transboundary Air Pollution, relating to the long-term funding of the concerted programme for constant monitoring and evaluation of long-range transport of air pollutants in Europe (EMEP) – Geneva 28-09-1984;
• Amendment on long-range transport of air pollutants, relating to the control of volatile organic components (VOC) and their fluxes across boundaries – Geneva 18-11-1991;
• Amendment relating to the control of volatile organic components (VOC) and their fluxes across boundaries – Geneva 18-11-1991;
• Amendment relating to further reduction of sulphur emissions – Oslo 14-06-1994;
• Convention on the conservation of wildlife and the natural environment in Europe – Berne 19-09-1979;
• Convention on International Trade in Endangered Species of Wild Fauna CITES – Washington 3-03-1973;
• Convention on wetlands of international importance especially as waterfowl habitat – Ramsar (Iran) 2-02-1971;
• Convention for the protection of the Alps (Alpine convention) – Salzburg (Austria)    7-11-1991;
• Application amendments to the Alpine Convention – Chambéry 20-12-1994;
• Land use planning and sustainable development;
• Tripartite agreement for the creation of a Mediterranean sanctuary for marine mammals Monaco – France – Italy – Rome 25-11-1999;
• Convention for the protection of the Mediterranean Sea against pollution – Barcelona 16-02-1976;
• Amendment to the Barcelona convention on specially protected areas of the Mediterranean Sea – Geneva 3-04-1982;
• Amendment to the Barcelona convention on specially protected areas and biodiversity in the Mediterranean Sea;
• ASPIM Amendment – Barcelona 10-06-1995;
• French-Italian-Monégasque agreement on the protection of Mediterranean coastal waters RAMOGE – Monaco 10-05-1976; and
• Act N° 954 of 1st April 1974 on water and air pollution banning, in particular emissions likely to have an adverse effect on the condition of buildings and the nature of the site.