The Library Law

Original Language Title: knihovní zákon

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51517&nr=257~2F2001~20Sb.&ft=txt

257/2001 Coll.



LAW



of 29 April 2004. June 2001



about libraries and the conditions of operation of the public library and

information services



(the Library Act)



Change: 1/2005 Sb.



Change: 216/2006 Coll.



Change: 341/2006 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Sb.



Change: 142/2009 Sb.



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



(1) this Act regulates the system of public libraries

Library and information services and the conditions for their operation.



(2) this Act does not apply to the library operated on the basis

trade licence.



§ 2



Definition of basic terms



In this Act shall mean the



and) library device in which are a way of guaranteeing equal access to

to all, without discrimination, provided public library and information services

as defined in this law, and which is registered in the records of libraries,



(b) information document library fountain) logged as a separate

library collection the library unit



(c)) the library Fund organized, constantly refilled, processed,

ochraňovaný and retained the file library documents



(d)) meziknihovními services file of borrowing, information and

reprographic services, which shall be carried out with the aim of library

to make available to its users to the library documents, regardless of the place of

their imposition,



e) historical Fund holdings consisting of library documents

incurred to the year 1860 or have in the industry for its uniqueness

historical value, or other library collections with special

a historical and cultural value, if defined in the Statute was as follows

library or in another legal act,



f) preserving the Fund holdings consisting of library

documents that the library received as recipient of the legal deposit by

a special legal regulation, ^ 1)



g) a specialized fund holdings consisting of library

documents of a specific, usually to the departmental focus,



h) regional features function, in which the regional library and

next to her, in charge of the library to provide basic libraries in the County

above all, consulting, training, and coordination services, building Exchange

funds and sending files of library document exchange and exercise

other necessary activities to assist the development of libraries, and their

public library and information services,



I) operator of the library of the natural or legal person, which

on behalf of the library provides library and information services to the public.



§ 3



System libraries



(1) the system libraries make up



and) National Library of the Czech Republic (hereinafter referred to as the "National Library"),

Library for the blind and the printer to e. Macana, Moravian library

in Brno, Czech Republic, set up by the Ministry of culture (hereinafter referred to as "the Ministry"),



(b) a county library established) by the competent authority of the region,



(c)), set up by the core library by the competent authority of the municipality,



d) specialized library.



(2) the libraries referred to in paragraph 1 (b). (c)), and (d)) and may be set up

other entities that are not listed in paragraph 1.



§ 4



Public library and information services



(1) public library and information services are



and in making the library) documents from the holdings of the library

or through the inter-library services from other library collection

the library,



(b)) in providing oral bibliographic, reference and

factual information and research,



(c) the provision of information from) the external information sources, in particular

information from State and local governments,



(d)) in allowing access to information on the Internet, for which the library has

free access.



(2) public library and information services, referred to in paragraph 1,

the operator shall be obliged to provide the library free of charge, with the exception of



and making available the documents of the library) library collections, library

having the character of copies of audio or sound image

record, ^ 3)



(b) the disclosure of the documents from the library) holdings of other

the provision of libraries in the framework of interlibrary lending of copies thereof,

reprographic services



(c) the disclosure of the documents from the library) library collections in libraries

international interlibrary lending services.



(3) the operator of a library can provide additional services consisting of

in particular, the



and in allowing access to) paid to the information on the Internet



(b)) in the cultural, educational and training activities,



(c)) on the issue of thematic publications,



(d)) in the provision of Reprographic services,



(e)) in the provision of written bibliographic, reference and

factual information and research.



(4) the operator of a library is entitled to claim for the provision of

Library and information services, referred to in paragraph 2 (a). a) to

(c)), and other services to the reimbursement of costs actually incurred.



(5) the operator of a library is entitled to claim reimbursement of the costs

incurred for the administrative tasks associated with the registration of users

Library.



(6) the operator of a library is required to ensure equal access for all to

public library and information services and other services

provided by the library.



(7) the operator shall issue library library regulations, which sets out the details of the

the provision of library and information services.



Records of libraries



§ 5



(1) the Ministry leads



records of libraries

that is public accessible information system.



(2) the application for entry in the register (hereinafter referred to as "the draft")

the operator of a library.



(3) the proposal includes



a) name or business name of the operator, its identification number

the person, its registered office, subject, activity and legal form, if the operator

Library of the legal person,



(b)) name, surname and date of birth of the operator, its identification

number of the person, if any, and his place of residence, if the

the library operator means a natural person,



(c)) and the type of address, the name of the library (section 9 to 13), where applicable, its

specialization.



(4) to the application connects the library regulations.



(5) if the operator of a library of legal person is entered in the

public list by a special legal regulation, ^ 4) is

the operator shall also be accompanied by a statement from the public

the list, which may not be older than 60 days. If the provider library

an organization, ^ 5), or if the State or territorial

Government Unit, through its branch library, is

the operator shall be obliged to accompany the application provisioning document, where appropriate,

the Statute of the subsidized organizations or departments.



(6) if the proposal is complete, the Ministry asks the operator to design

added by him within 15 days from the date of receipt of the request, and warns him that if

This deadline is not respected, the Ministry will postpone the proposal.



§ 6



(1) if the device provides a way of guaranteeing equal access to all

public library and information services as defined in this Act,

the Ministry is recorded in the records of libraries. Certificate of completion

the Ministry will issue its enrollment to the operator within 15 days from the date of

the delivery of a complete proposal.



(2) if the device does not provide a way to guarantee equal access to all

public library and information services as defined in this Act,

the Ministry shall reject the proposal.



§ 7



(1) the operator shall notify the library of the Ministry of

any change of information registered in the records of libraries, and no later than

30 days from the date on which the change occurred.



(2) the Ministry performs the modification of a registration in the register within 30 days from the libraries

service of the notice and of the change within 30 days from the date of receipt of the notification

shall issue the certificate.



§ 8



(1) the Ministry from their own or other initiative decision cancels the

the entry in the records of libraries, if the library no longer meet the characters

Library pursuant to section 2 (a). and).



(2) the Ministry decision cancels the registration in the Register also to libraries

the basis of the notification of an operator to terminate the operation of the library.



(3) the decisions referred to in paragraphs 1 and 2, the Ministry shall determine the date for the

which the registration in the register of the libraries.



Types of libraries



§ 9



The National Library of



(1) the national library is a library with Universal Library Fund

supplemented by specialized funds. The national library shall be kept permanently

Conservation Fund and the historic pool.



(2) the national library is the center of the system libraries. In the system libraries

It shall exercise coordinating, vocational, educational, informational, analytical,

research, standardisation, methodological and consulting business, in which

in particular, the



and Union catalogue) handles the records of library documents

in library libraries in the Czech Republic, which the

makes available to libraries,



b) handles the national bibliography and ensures the coordination of the national

a bibliographical system,



(c)) performs the function of national agency for international standard numbering

books and sheet music,



d) serves as a National Center of inter-library services of the Czech Republic,



e) serves as a National Centre for the international exchange of official

publications, ^ 6)



(f) library system libraries) represents when dealing with collective

Copyright in the case of payment of remuneration for the use of subject-matter

under special legislation ^ 7) and makes the payment of the remuneration for their

lending,




(g) national coordination) for the regional features and evaluates

their fulfilment.



§ 10



Library for the blind and the printer to e. Macana and Moravian

library in Brno



(1) Library and the printer for the blind is a library with Office

the Universal Library Fund; kept permanently preserving the Fund and

the historical Fund.



(2) the Moravian library in Brno is a library with universal

the library Fund, possibly supplemented by specialized funds; permanently

holds preservation fund and the historical Fund. Performs the function of the regional

libraries in the Czech Republic.



§ 11



Regional library



(1) regional library is a library with Universal Library Fund

where appropriate, supplemented by specialized funds. Regional library permanently

holds preservation fund and the historical Fund.



(2) regional library is part of the system libraries of the performing

coordination, support, information, educational, analytical, research,

methodical and advisory activities, which also



and) works with the national library in the processing of national bibliography

and in the processing of Union catalogue,



b) processes and provides access to regional information and database

provides coordination of the regional bibliographical system,



(c) Regional Centre), inter-library services



d) works with libraries in the region in the implementation of new technologies in the

the area of the public library and information services.



(3) regional library performs and coordinates the implementation of regional features

selected basic libraries in the County. Treaty on the transfer of regional

features on selected basic libraries must be in written form. The performance of

regional features and ensures the coordination of the county from the cash

funding of its budget.



(4) where the regional library in the place of their residence and the function of the basic

the library participates in providing this feature.



§ 12



Basic library



(1) the core library is a library with Universal Library Fund or

with a specialized library Fund.



(2) the basic library is part of the system libraries of the performing

informational, cultural and educational activities.



section 13 of the



Specialised library



(1) the specialised library is a library with a specialized library

Fund.



(2) specialised library is part of the system libraries of the performing

coordination, support, information, educational, analytical, research,

methodical and advisory activities, in which, in particular,



and) works with the national library in the processing of national bibliography

and in the processing of Union catalogue,



b) processes and exposes the thematic and specialized bibliographies and

database,



(c)), in cooperation with the National Library fulfils the function of the Centre of interlibrary lending

services in the area of their specialization,



d) cooperates with libraries in the area of their specialization in the implementation

new technologies in the area of public library and

information services.



§ 14



Interlibrary services



(1) if the library is not in the library the library document whose

the disclosure of its user requested, the operator of this library

(hereinafter referred to as ' the requesting library ") the duty within the inter-library services

ask the operator of another library on the mediation of this library

document, or to provide information about him (hereinafter "the requested

the library ").



(2) the supplying library is required to the requesting library for its users

library document from your library to mediate so that the

the library document requesting library to loan or give her

a copy of it, where appropriate, it shall provide information where the library

the document found.



(3) if the request for mediation library document processed

its lending library, the applicant shall be obliged to return the borrowed library

the requested document library within the agreed period and the corresponding State. After

for borrowing library document bears the responsibility for damage

or loss.



(4) interlibrary loan and information services the library is obliged to

provide free of charge. For the provision of a copy of a document from within the library

inter-library services the supplying library reproduction request

reimbursement of the costs incurred. Libraries may require operators to

reimbursement of the costs of transporting the library document.



(5) the operator is required to keep records of libraries inter-library

services provided by the.



(6) the details of the request for mediation library document lays down

the implementing legislation. The implementing legislation to determine who

operators are required to pass the library request for mediation

the library of a document within the service to foreign libraries, interlibrary loan

where applicable, provide to the operator of a library participating in the international

Interlibrary services methodological help.



§ 15



Support for libraries



(1) the operator of a library can be from the funds of the State

budget, State-owned financial assets or national fund provided

by a special Act ^ 8) assigned the specified subsidies in particular



and) science and research projects



(b)) the introduction of new technologies in the field of the public

Library and information services,



(c)) support link libraries on the network,



(d) processing of information sources) into electronic form and their

disclosure,



(e)) of the tween library collection,



f) protection of library collection from the adverse effects of the environment,



g) access library collections for citizens with disabilities



h) projects in the field of cultural, educational and training activities,



I) ensure enforcement of regional features



j) continuing vocational training of workers security libraries



to the construction or reconstruction of the object) library



l) object library security equipment and fire protection systems.



(2) for the determination of priority areas for the provision of subsidies to the

the Ministry shall request the opinion of the Central Library of the Council

the Ministry will establish, will issue its statutes and rules of procedure.



(3) the Government shall lay down the rules for the granting of aid under paragraph

1, in particular, under what conditions, how much and in which time limits are

the subsidy provided.



section 16 of the



Registration and revision process



(1) the operator shall keep records of library holdings. Registration

library must permit inspection of individual records and

to guarantee their originality.



(2) to validate the compliance records of the individual records of library

the actual status of documents the library operator is obliged to

make revisions to the library Fund,



a) once every 5 years if its library collection does not exceed 100 000

Library of documents,



(b)) every 10 years if its library collection exceeds 100 000

Library of documents and does not exceed 200 000 library documents



c) once every 15 years, if its library collection exceeds 200 000

Library of documents and does not exceed 1 000 000 library documents.



(3) if the library collection exceeds 1 000 000 library documents library

and if it does not exceed 3 000 000 library documents, the operator is

required to carry out a review of the library gradually, so that every year

does the revision of part of the library collection to a minimum of 5% of the total

the number of library documents in the library Fund.



(4) if the library collection exceeds 3 000 000 library documents, library

the operator is obliged to carry out a review of the library in the range

provided for the revision of an approved plan, the founder of the library, at least in the

the range of 200 000 library documents per year.



(5) the operator is obliged to ensure the library's recording of the outcome

revision of the library collection.



(6) The procedure for the revision of the library collection under this Act shall

not covered by special legislation. ^ 9)



(7) the details of the record keeping and registration of the library collection

on the outcome of the revision of the library lays down detailed legislation.



§ 17



Eviction of library documents



(1) from the library collection the library can dispose only



and library documents) that do not match the focus of library collection

the library and its tasks,



(b)) multiplikáty library documents



c) library documents worn, incomplete or damaged so that the

ceased to be an information source.



(2) documents from the library Fund and the historic preservation fund may be

knocking off only with the consent of the Ministry.



(3) the operator is obliged to offer the library to purchase library

documents excluded by



and paragraph 1 (a)). and a) and b) to the operator of another library of the same species, and

If such a refusal, the operators of the library, which is

part of the school, ^ 10)



(b) of paragraph 2, the National Library).

If not so, the operator will offer retired repurchased library

documents to buy another lead. If there were even such repurchased,

You may donate or dispose of.



(4) in accordance with paragraphs 1 to 3 shall not progress in decommissioning of library

documents protected under special legislation. ^ 11)



(5) when the library is its interference, the operator shall follow the

paragraphs 2 to 4.



section 18



Protection of library collection



The operator is obliged to ensure the library



and in the library collection) the location of appropriate conditions for the granting of

public library and information services,



(b)) the protection of library collections from theft and damage, in particular


protect it from the adverse effects of the environment,



(c) restoration of library documents). transferring them to another

medium, if it is necessary for their permanent preservation.



Penalties



§ 19



(1) if the Department finds that the operator has breached the obligation to library

pursuant to § 7 para. 1, § 14 para. 5, § 16 para. 1 to 4 or one of the

obligations under section 18, saves him to remedy the deficiencies found and the

set a reasonable term to do.



(2) if the operator of a library in this period the deficiencies found

It does not delete, impose a fine of Ministry from 5 000 € to 200 000

CZK.



section 20



The Ministry impose a fine of from 25 000 to 500 000 CZK

the operators of the library, if you violated the obligation according to § 14 para. 2 or

3, the procedure for imposition of library documents pursuant to § 17 para. 2 or 3

or obligation under § 17 para. 5.



section 21



(1) in fixing the amount of the fine to take account of the extent and severity of the

infringement and the consequences of the breach of the obligation.



(2) the procedure for the imposition of fines can be initiated not later than 1 year from the date

When the Ministry about the breach of the obligation as possible, but not later than within 3

years after the breach of the obligation, and in the case of violations of the same

obligations, within 3 years from the time the violation of obligations

Yet it took.



(3) a fine can be imposed not later than 5 years from the date on which the infringement

the obligation has occurred or when breaches of this obligation has ended.



(4) the penalty is due within 30 days from the date when the decision on its imposition

came into legal force. Fines collected and enforced by the Ministry.



(5) the fines are State budget revenue.



(6) against a decision imposing a fine is subject to appeal in

the Court.



section 22



Powers of execution



The Ministry will issue a decree to implement paragraphs 14 and 16.



Common, transitional and final provisions



Article 23 of the



In the decision-making process and the issue of certificates in accordance with this Act shall apply

administrative code, unless otherwise provided by this Act.



§ 23a



(1) for the execution of the authority under this Act, the Ministry of the uses

basic population register these reference data:



and) surname,



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death or the day that did not survive, and

date of legal effect of this decision,



f) nationality, or more of State citizenship.



(2) for the execution of the authority under this Act, the Ministry of the uses

the information system of the population register of the following particulars:



and the name or names), surname, maiden name,



(b)) date of birth,



c) gender,



d) place and County of birth, in the case of birth abroad instead of and the State



(e)), social security number,



f) nationality, or more of State citizenship,



g) address of residence, including previous address space

permanent residence address (if applicable), to which are to be delivered

documents under a special legal regulation,



h) origin of the residence, where appropriate, the cancellation date data on the place of

permanent residence or the date of their permanent residence in the territory of the United

Republic,



I) deprivation or restriction of legal capacity, the name or

name, last name and social security number of a guardian, if assigned,

the date, place and County of birth, and the guardian, who was born in

abroad, the place and the State where he was born,



j) the name or name, last name and social security number of the father, mother,

or another legal representative,



k) date, place and County of death; in the case of the death of a citizen outside the United

Republic, date of death, place and the State on whose territory the death occurred,



l) day, who was in the Court decision on the Declaration of death listed

as the day of death, or as a day that did not survive.



(3) for the execution of the authority under this Act, the Ministry of the uses

information system for foreigners the following information:



and) the name or name, last name,



(b)) date of birth,



(c) the social security number),



d) gender,



(e)) instead, and the State where the alien was born; in the case that the alien

He was born on the territory of the United States, place and County of birth,



f) nationality, or more of State citizenship,



(g)) the type and address of the place of residence on the territory of the Czech Republic,



(h) the beginning of the stay, if applicable) date of the termination of the stay,



I) deprivation or restriction of legal capacity,



j) the name or names, the surname of the father, mother or any other

the legal representative,



k) date, place and County of death; in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



l) day, who was in the Court decision on the Declaration of death listed

as the day of death, or as a day that did not survive.



(4) the information specified in paragraphs 1 to 3 may be used in a particular case always

only such data which are necessary for the performance of the task. Data,

that are kept as reference data in the base the population register,

to make use of the information system of the population register or an information

of foreigners only if they are in the shape of the preceding the current

status.



section 24



(1) library, which on the date of entry into force of this Act, provide

Library and information services to the public with equal access for all to

These services are considered as library under this Act for a maximum

period of 12 months from the date of entry into force of this Act.



(2) libraries, which do not comply with the obligation laid down in section 4, paragraph 4. 1 (b).

(d)) may be entered in the register pursuant to § 5 libraries. To comply with the

the library referred to the obligation to not later than 31 December 2006. December 2007,

the Ministry of its registration in the register of the libraries.



§ 25



Regulation (EEC)



Act No. 53/1959 Coll., on uniform system of libraries

(the Library Act).



section 26



The effectiveness of the



This Act shall take effect on 1 January 2000. January 1, 2002.



Klaus r.



Havel, v. r.



Zeman in r.



1) Act No. 37/1995 Coll., on the non-periodic publications. Law No 46/2000

Coll., on rights and obligations in publishing periodicals and amending

some other laws (press law), as amended by Act No. 302/2000

SB.



3) section 38 of the Act No. 121/2000 Coll. on copyright, rights

related to copyright and on the amendment of certain laws (copyright

the law).



4) for example, section 27 et seq. the commercial code, as amended

regulations, section 5 of the Act No. 247/1995 Coll. on non-profit

companies and amending and supplementing certain laws, section 5 of the Act.

227/1997 Coll., on foundations and Foundation funds and amending and supplementing

some related laws (Act on foundations and Foundation funds).



5) section 54 of Act No. 219/2000 Coll., on the Czech Republic and its assets

in legal relations.



6) Decree No 12/1965 Coll., on the Convention on the exchange of official publications and

Government documents between States and the Convention concerning the international exchange of publications.



7) Act No. 121/2000 Coll., as amended.



8) Act No. 218/2000 Coll. on budgetary rules and amendments

related acts (budgetary rules), as amended

regulations.



9) Act No. 563/1991 Coll., on accounting, as amended.



10) section 45 of the Act No. 29/1984 Coll. on the system of elementary schools, high schools

schools and colleges (the Education Act), as amended by Act No.

138/1995 Sb.



11) for example, Act No. 97/1974 Coll. on archives, as amended by Act No.

343/1992 Coll., and Act No. 121/2000 Coll., on the protection of the collections of the Museum of the nature

and amending certain other acts.