Law No. 10,753 Of 30 October 2003

Original Language Title: Lei nº 10.753, de 30 de Outubro de 2003

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LEI NO. 10,753, OF October 30, 2003

Institutes the National Book Policy

THE PRESIDENT OF THE REPUBLIC

I do know that the National Congress decrees and I sanction the following Law:

CHAPTER I

OF THE NATIONAL BOOK POLICY

GENERAL GUIDELINES

Art. 1º This Law institutes the National Policy of the Book, upon the following guidelines:

I-assure the citizen the full exercise of the right of access and use of the book;

II-the book is the main and irreplaceable medium of the diffusion of the culture and transmission of knowledge, of the fostering of social and scientific research, of the conservation of national heritage, of transformation and social outreach and of the improving the quality of life;

III-fostering and supporting the production, editing, diffusion, distribution and marketing of the book;

IV-stimulate the intellectual production of writers and Brazilian authors, both from scientific and cultural works;

V-promoting and encouraging the habit of reading;

VI-propitiate the means to make Brazil a great editorial centre;

VII-compete in the international book market, broadening the export of national books;

VIII-supporting the free movement of the book in the Country;

IX-empowering the population for the use of the book as the fundamental factor for their economic, political, social progress and promote the fair distribution of know and income;

X-install and extend in the Country bookstores, libraries and points of book sale;

XI-propitiate to the authors, publishers, distributors and booksellers the conditions necessary for compliance with the provisions of this Act;

XII-ensuring persons with disabilities visual the access to reading.

CHAPTER II

DO BOOK

Art. 2º It is considered book, for the purposes of this Law, the publication of texts written in sheets or sheets, not periodical, staple, glued or stitched, in cartonated volume, bound or in paperback, in avulous covers, in any format and finishing.

Single paragraph. They are equated with book:

I-fascicles, publications of any nature that represent part of book;

II-book-related avuls related to the book, printed on paper or in similar material;

III-reading scripts for control and study of literature or didactic works;

IV-albums for coloring, painting, cutting or arming;

V-atlas geographical, historical, anatomical, maps and cartograms;

VI-texts derived from book or originals, produced by editors, upon contract of editing concluded with the author, with the use of any support;

VII-books in digital, magnetic and optical medium, for the exclusive use of visually impaired persons;

VIII-books printed on the BrailleSystem.

Art. 3º It is Brazilian book the published by publisher based in Brazil, in any language, as well as the printed or fixed on any support abroad by editor based in Brazil.

Art. 4º It is free to entry into the Country of foreign-language or Portuguese books, exempt from import tax or any fee, independent of prior customs license.

CHAPTER III

OF EDITORATION, DISTRIBUTION AND COMMERCIALIZATION OF THE BOOK

Art. 5º For the purposes of this Law, it is considered:

I-author: the physical person creator of books;

II-editor: the physical or legal person who acquires the right to reproduction of books, giving them appropriate treatment for reading;

III-distributor: the legal person operating in the purchasing and selling branch of books wholesale;

IV-bookseller: the legal person or autonomous commercial representative who is dedicated to the sale of books.

Art. 6º In the book's editoring, it is mandatory to adopt the International Standardized Number, as well as the cataloguing sheet for publication.

Single paragraph. The number referred to in the caput of this article will build on the fourth cover of the printed book.

Art. 7º The executive branch will establish forms of funding for publishers and for the distribution system of book, by means of creating specific credit lines.

Single paragraph. It is still up to the Executive Power to implement annual programs for maintenance and updating of the acquis of public, university and school libraries, included works in BrailleSystem.

Art. 8º It is permitted the formation of a provisioning fund for depreciation of inventories and advance of copyright.

§ 1º For the fund management will take into account the existing balance on the last day of each financial year legal financial, in the ratio of the acquisition time, observed the following percentage:

I-more than one year and less than two years: thirty percent of the direct cost of production;

II-more of two years and less than three years: fifty per cent of the direct cost of production;

III-more than three years: one hundred percent of the direct cost of production.

§ 2º At the end of each exercise legal financial will be made the adjustment of the provision of the respective stockpiles.

Art. 9º The fund and its accruals will be taken debit of the result's own account, being its deductible value, for ascertaining the real profit. Overdraft reversals will go to credit for taxation.

Art. 10. (VETADO)

Art. 11. Contracts signed between authors and book publishers for assignment of copyright for publication are to be enrolled in the National Library Foundation, in the Copyright Office.

Art. 12. It is provided to the Executive Power the setting of standards for the fulfillment of the provisions of the incisus VII and VIII of the art. 2º of this Law.

CHAPTER IV

OF THE SPREAD OF THE BOOK

Art. 13. It is up to the Executive Power to create and execute book access projects and incentive to read, broaden existing ones and implement, in isolation or in public or private partnerships, the following actions in national scope:

I-create partnerships, public or private, for the development of reading incentive programs, with the participation of public and private entities;

II-stimulate the creation and execution of projects aimed at the stimulus and consolidation of the reading habit, by:

a) review and broadening of the literacy process and reading of literature texts in schools;

b) introduction of the hour of daily reading in schools;

c) requirement by the education systems, for the purpose of authorization of schools, of minimum book acquis for school libraries;

III-institute programs, on regular basis, for the export and sale of Brazilian books at international fairs and events;

IV-establish preferred postal tariff, reduced, for the Brazilian book;

V-create courses of empowerment of the editorial, graphic and bookseller work throughout the national territory.

Art. 14. It is the Executive Power authorized to promote the development of programs for extending the number of bookstores and points of sale in the Country, and the competent State and Municipal Administrations may be heard.

Art. 15. (VETADO)

CHAPTER V

GENERAL PROVISIONS

Art. 16. The Union, the States, the Federal District and the Municipalities will consign, in their respective budgets, appropriations to the libraries for their maintenance and purchase of books.

Art. 17. The insertion of budget item by the Executive Power for financing the modernization and expansion of the librarian system and the reading incentive programs will be done through the National Culture Fund.

Art. 18. For the purpose of controlling the patrimonial assets of public libraries, the book is not considered permanent material.

Art. 19. This Law comes into effect on the date of its publication.

Brasilia, October 30, 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Marcio Thomaz Bastos

Antonio Palocci Son

Cristovam Ricardo Cavalcanti Buarque

Jaques Wagner

Márcio Strengths of Almeida

Guido Mantega

Miro Teixeira

Ricardo José Ribeiro Berzoini

Gilberto Gil