Cuba USA
Cultural Rights in Cuba
by Lillian Álvarez
source La Jiribilla
A formal view of the Cuban legal regulations is unnecessary. It is useless to mention any law if reality says otherwise. However, there are guidelines in the Constitution of the Republic of Cuba that are the guiding principles:
Protection of Cultural Heritage, National and Local Heritages and Copyrights, (Decree-law 106, 144, 145) which recognize the especial work status of artists, among many other rules that institutionalize and stipulate the State’s duties for the enjoyment of cultural rights.
Cuba founded the Cuban Film Institute (ICAIC, for its initials in Spanish) by the Revolutionary Government in 1959, and Casa de las Americas cultural center, both institutions that followed the Imprenta Nacional and art schools which opened for Cubans a new stage of cultural emancipation. The Literacy Campaign in 1961 laid the necessary foundations for qualitative leaps that were unthinkable in the pre-revolutionary Cuba.
Cuban cultural policy decisively supports creation, but it should not be seen only as timely financial reward that might be given by the copyright legislation. It goes much further, as evidenced by the subsidy to many valuable cultural projects not likely to survive for themselves.
How then could be explained the great moment in the Cuban theater movement, creatively and public speaking, without these subsidy policies? Or the impulse to symphonic music? Or the creation of dozens of municipal concert bands that have revolutionized the cultural climate of so many communities? Or an event of both social and spiritual impact as our International Book Fair, which extends to every province of the country and which has become the most massive cultural event? Or the fact that there are art schools scattered throughout the national territory? Or the network of libraries, museums and cultural arts centers that amid very serious deficiencies continues their invaluable work? Or the continued celebration of events such as film and ballet festivals, the Havana Biennial, CUBADISCO Fair and the Caribbean Festival?
The Education and Culture Development Fund is another example of the exercise of this committed and responsible policy. With revenues coming from enterprises of the Ministry of Culture, this Fund finances territorial and branch programs associated with heritage conservation, investment in artistic teaching and the support of national and international event and it even provides direct and personal support to personalities in Art and Literature.
A special social security scheme protects artists in Cuba from certain activities which require special conditions and grants them the right to a pension for their service. A special social security scheme for independent creators is also in force in the country.
Our copyright law—although more than 30 years have passed since was enacted and in addition to their necessary upgrade—recognizes the rights of authors, both moral and material, while it offers the possibility to use at home, nonprofit, works without the author's permission, whenever it is indispensable for the needs of education, science or culture, prior grant of a license for this purpose. This article is the one that has allowed us, in the midst of adverse conditions imposed on us by the blockade and our condition as an underdeveloped country, to prepare the qualified technical and professional force we have.
Regardless of any mistake, problems to solve, resource limitations and inefficiencies, we can safely say that in our country is met like in few “the right to freely participate in the cultural life of the community, to enjoy the arts and to share the scientific progress and the benefits resulting therefrom”. The fact is our cultural policy has been always essentially aimed at encouraging the participation of citizens in cultural processes and accessing to the best Cuban and universal art and literature, while it has also guaranteed the active involvement of the creators in the design and practice of this policy.
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