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$Unique_ID{bob00161}
$Pretitle{}
$Title{Denmark
Legislation and the Arts}
$Subtitle{}
$Author{W. Weincke}
$Affiliation{Press and Cultural Relations}
$Subject{film
films
theatre
act
danish
theatres
government
music
kr
production}
$Date{1988}
$Log{}
Title:       Denmark
Book:        Fact Sheets on Denmark
Author:      W. Weincke
Affiliation: Press and Cultural Relations
Date:        1988

Legislation and the Arts

     In Denmark state support for the arts - for the production and
performance of art - is based on several pieces of legislation: The National
Endowment for the Arts Act, The Theatres Act, The Cinematograph Act, and The
Music Act.

     The earliest legislation dates from immediately after establishment in
1961 of the Ministry of Cultural Affairs. The latest is the Music Act, the
original version of which was passed in 1976. Areas still lacking legislative
backing are the publication and dissemination of visual art and support for
the publication and dissemination of literature.

     It is perhaps a characteristic peculiar to Danish art-subsidy schemes
that they are so heavily dependent on legislation. By gearing the arts to
legislation, one achieves a - usually broad - parliamentary base in support of
the proposed subsidy arrangements as well as the comforting assurance that the
necessary funds will in fact be made available.

     The observer might well suspect that an obligation to formalise all
subsidy schemes in a series of rigid statutes would result in an inflexible
system of subsidies. There are undoubtedly numerous examples of how the
legislative set-up in this area has indeed been unyielding and unwieldy but,
largely speaking, it has in practice proved possible to counteract tendencies
of this nature by wording legislation in general terms and laying down a broad
framework of support.

National Endowment for the Arts

     The first National Endowment for the Arts (Statens Kunstfond) Act was
passed in 1964. The present Act, No. 163, dates from 12 April 1978.

     The Endowment was set up to further the interests of Danish creative art.
The Endowment can lend its support to visual art, literary art, creative
music, arts and crafts, artistic design, architecture and other forms of
creative art of a similar nature to these which are unable to obtain state
support by other legislative means.

     A total of D.kr. 11m was made available for these purposes in fiscal
1982. For fiscal 1983 the Endowment's funds have been raised to kr. 15.5m.

     Administration of Endowment funds has been placed in the hands of two
grants committees for visual art, one for literary art, one for music, one for
arts and crafts, and one for architecture.

     Since its establishment in 1964, the National Endowment for the Arts has
commissioned art for hundreds of buildings throughout Denmark. As the
Endowment is able to accommodate only a small percentage of the applications
it receives, priority is given to institutions visited daily by many people.
Care is also taken to spread artistic projects over a wide geographical area;
the Endowment has in particular channelled funds into parts of Denmark which
formerly had little in the way of art. The aim of the legislation setting up
the Endowment was to give as many people as possible the opportunity to enjoy
art which had formerly been the privilege of the few. Decorative friezes,
reliefs, etc., in schools, hospitals, public institutions, town squares and
so on have placed art firmly in the day-to-day lives of all Danes. Herlev
Hospital, west of Copenhagen, is one of the largest hospitals in the country,
and Artist Paul Gernes has not only decorated the foyer (photos) but has also
decided the colour scheme for all doors, walls, etc. - bringing a human,
almost lighthearted atmosphere to what could otherwise have been an extremely
formal institution. Gernes has done a number of artistic commissions for the
National Endowment.

     Financial support by central and local authorities has enabled the
established theatres to widen their repertoires. It has also made it possible to
set up many new types of theatres - permanent and touring - and introduction of
subscription and cut-rate schemes has attracted a wider audience, which is made
aware of theatre at an early age through the medium of children's drama
companies. But none of this activity poses any threat to the status of the Royal
Theatre as the nation's drama leader. Ever since its inauguration on December
18, 1748, it has been a state establishment with its own act of parliament and
government finance (D.kr. 128m in 1982). In return, it is under the obligation
to perform the finest classical and modern works in its three forms of art: the
play, ballet and opera. Despite the rigidity of its set ways, the Royal Theatre
has nevertheless succeeded in attracting a number of rebels, drawn by the scope
of its artistic potential, e.g. Klaus Hoffmeyer, whose first version of Per Olov
Enquist's Fra regnormenes liv (From the lives of the worms) from September 1981
continues to pack in audiences to such a degree that the Theatre is obliged to
ration tickets. In the play Hans Christian Andersen (Jorgen Reenberg) meets
Johanne Luise Heiberg (Ghita Norby): two geniuses born of the proletariat, whose
artistic mastery brought them to the pinnacle of success in Denmark, he as a
writer, she as an actress - but both on the terms of the Victorian era.

     Each committee comprises three members, expert in their respective
artistic fields. They are appointed by the Minister for Cultural Affairs for a
single three-year term of office, i.e. reappointment is not permitted. The
committees administer the funds allotted to their respective fields in
accordance with the general guidelines stipulated by the terms of the Act or
the remarks accompanying the Bill. The Minister has no powers to amend any
decision by a grants committe.

     The Endowment is headed by an executive, comprising the chairmen of the
six grants committees. Its activities are scrutinised by a board of
representatives, whose members are nominated by the political parties, local
authorities, and various organisations representing the arts.

     In each field of art the relevant committee awards three-year endowments,
non-recurring grants, and travel grants; funds are also invested in works of
art, which are deposited in public and private institutions throughout
Denmark. Moreover, production awards are made in respect of books and musical
compositions which have failed to generate revenue in keeping with their
quality. The grants committee on music also applies some of its funds to
commission new compositions, recordings and performances of musical works.

     One of the committees dealing with visual art administers the funds set
aside for decoration of government buildings and property as well as grants
available for decoration of local-authority buildings or other buildings and
property to which the public or large numbers of people have access.

     The following sums were applied by the Endowment in fiscal 1982:

Visual art:
Grants to artists ............. 1,536,000 kr.
Purchases  ....................   796,000 kr.
Decoration of public buildings  3,691,000 kr.
Music  ........................ 1,023,000 kr.
Literature  ................... 1,704,000 kr.
Arts, crafts, etc. ............   569,000 kr.
Architecture  .................   227,000 kr.
Other, incl. restoration ......   454,000 kr.

Theatres

     Except for Denmark's national theatre, the Royal Theatre in Copenhagen,
all subsidies for drama and theatrical activity are regulated by The Theatres
Act, No. 241 of 4 June 1970, as s*ubsequently amended, cf. Executive Order No.
514 of 21 October 1976 and Act No. 211 of 23 May 1979.

     The Royal Theatre (Det kongelige Teater) is run as a government
institution. As Denmark's national theatre, it is required to stage a varied
programme of the finest dramatic works in drama, opera and ballet by both
traditional and modern Danish writers and composers. The Theatre in fact
comprises two large, traditional theatres and one intimate theatre in
Copenhagen plus a touring theatre which takes performances to the provinces.
The Theatre also acts as training school for ballet dancers and opera singers.
As well as playing for ballet and opera performances, the Royal Orchestra (Det
kongelige Kapel) also performs symphony concerts. In fiscal 1982 the state's
contribution to the Royal Theatre was D.kr. 152m.

     In the three largest provincial towns, Arhus, Odense and Alborg, there
are regional theatres, which are required under The Theatres Act to help meet
the need for theatre and drama in their respective regions by staging a
comprehensive repertoire with special emphasis on Danish drama.

     The regional theatres are private institutions whose budgets are subject
to approval by the appropriate county council. Central government covers 50%
of the deficit of each regional theatre, the balance being met by
county-council funds.

     The bulk of theatres in the metropolitan area have organised themselves
into the Greater Copenhagen Regional Theatre (Den storkobenhavnske
Landsdelsscene). Central government pays 40% of any deficit incurred by the
organisation, the remaining 60% being covered by the Administrative County of
Copenhagen and the municipalities of Copenhagen and Frederiksberg.

     In the same way as the regional theatres, the National Touring Theatre
(Det rejsende Landsteater) has its special provisions in The Theatres Act.
This institution comprises a permanent group of two theatrical companies,
the Danish Theatre (Det danske Teater) and the Jutland Opera (Den jyske
Opera), plus a varying number of other touring companies which are permitted
by the institution's executive to join the Touring Theatre for periods of
three years.

     The annual budget for the National Touring Theatre must be approved by
the Ministry of Cultural Affairs; 50% of the deficit is covered by the state,
the remainder by those county councils which do not contribute to any of the
regional theatres.

     The Act permits subsidies to be given to touring companies other than the
National Touring Theatre, e.g. for tours mounted by permanent theatres.

     Drama activities for children and so-called "visiting theatres" also
receive financial assistance: the state refunds 50% of the costs incurred by
local authorities in running regional theatres which provide performances of
children's and visiting theatres plus 50% of the cost to each county of
maintaining the private institution known as the Touring Children's Theatre
and Visiting Theatre (Det rejsende Borneteater og opsogende Teater). In
addition, the state refunds 50% of the cost incurred by local authorities in
hiring children's and visiting performances.

     One very important form of public support for the theatre in Denmark is
the subsidy provided by central and local government to reduce box-office
prices for people who buy a regular theatre subscription. Any theatre wishing
to offer patrons the opportunity to purchase a regular subscription is
entitled to do so via a special, national subscription scheme. Theatres
receiving government subsidies are under the obligation to do so.

     Anyone living permanently in Denmark can purchase such a subscription for
a minimum of three performances. The government subsidy reduces the price of a
ticket by 40%. Each year a maximum price is fixed for tickets for which
subsidy is available. To supplement the subscription scheme there is a
second arrangement by which subscribers are entitled to a 33 1/3% reduction on
theatre tickets for performances other than those to which they have
subscribed. Children and young people under the age of 25 who are studying or
in the course of training are entitled to a 50% reduction in ticket prices
without the formality of a regular subscription.

     The subscription and discount system is administered by local
organisations which receive from central and local government a fee, based
on the number of tickets issued, to cover administration costs.

     The scheme covers approx. 20 theatres in Copenhagen and approx. 90 local
organisations which purchase performances from 20 touring companies. In fiscal
1982 the amount appropriated by the government for this purpose was D.kr. 12m.

     In addition to the arrangements described above, The Theatres Act
provides for support for theatres not otherwise covered by statutory subsidy
schemes, for amateur theatre, for the advancement of contemporary Danish
drama, for drama training, and for government loans for the construction of
new theatre buildings, improvement of existing theatres, and purchase and
modernisation of technical equipment.

     In administration of the Act, the Ministry consults a three-man Drama
Council, which the Minister appoints.

     Total government support under The Theatres Act in 1982 was D.kr. 112.6m,
including kr. 55m for the regional theatres, kr. 13m for the National Touring
Theatre, kr. 21.6m for children's and visiting theatre, and kr. 11m in ticket
subsidies for theatre subscribers. A total of D.kr. 3m was also granted in the
form of loans for improvement of theatre buildings and purchase of technical
equipment.

     Subsidies were given to a total of approx. 70 theatres, varying in size
from very small group theatres to large institutionalised theatres. Many are
also in receipt of assistance from local authorities (at district and county
level).

     During the 1981-82 season these theatres sold tickets or performances
corresponding to a total audience of approx. 2.7m theatre-goers.

Film

     Government subsidies for film production and other forms of moving
pictures are provided under The Cinematograph Act, No. 306 of 9 June 1982,
whose purpose is to promote film art and film culture.

     Subsidies are provided through two distinct channels. One is in support
of feature-film production and is administered by the Danish Film Institute.
The other form of subsidy is given to documentary and educational films, which
are the province of the Danish Government Film Office.

     The Danish Film Institute (Det danske Filminstitut) was set up in 1972,
superseding the Film Foundation of 1964.

     Whereas the Foundation was based economically on revenue from a levy on
cinema receipts, the funds administered by the Institute are provided in the
annual government budget. The Institute's primary task is to support
production of feature films. This takes the form of loans toward the cost of
production. Production of manuscripts is supported on a separate basis, and
aid for this purpose also covers treatment and research. In exceptional
circumstances the Institute itself can act as producer of a given film
project, if this is necessary in order for the film to be made.

     In some cases, a follow-up subsidy is available to quality films to cover
any deficit that may occur.

     In addition, the Film Institute has the power to spend its funds on
running the Danish Film School (Den danske Filmskole), supporting film
studios, running workshops for film and video production, subsidising import
of quality films and children's films, etc.

     The Film Institute is headed by an executive all five members of which
are appointed by the Minister for Cultural Affairs. Two of the members are
nominated by organisations representing film producers, directors, technical
staff, cinema-owners and film distributors; two are nominated by the board of
representatives (a body of approx. 20 people appointed by prominent
organisations associated with film-making, which follows the work of the
Institute); only one member of the executive is thus nominated exclusively by
the Minister.

     The status of the executive in relation to the Minister is one of
independence; its decisions concerning films (for example, with regard to
which films should be given subsidies) can neither be influenced nor
challenged by the Minister.

     Most of the funds available to the Danish Film Institute are passed on as
production subsidies for Danish feature films. Without this financial backing
by the state it would be impossible for the Danish film industry to survive,
despite its rich artistic traditions created by such internationally renowned
names as Producer Ole Olsen (1863-1943), founder of the world's oldest
surviving film company, Nordisk Films Kompagni, in 1906; Actress Asta Nielsen
(1881-1972); and Director Carl Th. Dreyer (1889-1968). The combination of some
state support and a group of private producers with a positive approach makes
it possible to produce about 12 Danish feature films annually. In Danish
cinemas domestic films make up just over 25% of sales. Danish films aim
primarily at the Danish market. Compared with the amount of money invested in
individual films by foreign producers, production costs in Denmark are very
modest: approx. $500,000 per film. But in spite of operating on a tight
budget, Danish film-makers are still able occasionally to produce films that
appeal to audiences abroad. For example, Slingrevalsen (Stepping out) by Esben
Hoilund Carlsen, with Kurt Dreyer and Solbjorg Hojfeldt (photo) in the
leading roles as a divorced couple who can't hit it off together - but stick
with each other anyway.

     Subsidy toward production of feature films can be disbursed by the
executive only on the recommendation of one of the maximum of three film
advisers who must be employed by the Institute. Advisers must be personally
and economically independent of any film-industry interests and are appointed
by the Minister for a three-year term of office on the recommendation of the
executive.

     It is not only established film professionals who can expect the
opportunity to make films. Artistic Jack-of-all-Trades Erik Clausen obtained a
subsidy to produce Cirkus Casablanca, the story of an itinerant circus troupe,
played by Clausen, who directed, Helle Fastrup and Leif Sylvester (photo). The
film has attracted interest at a number of festivals.

     Women in a maternity hospital are treated with warmth and realism by the
Grand Lady of Danish film, Astrid Henning-Jensen, in Vinterborn (Winterborn)
with Ann-Mari Max Hansen (photo) in the leading role.

     Deficit subsidies are granted from funds made available to the executive.
Applications are decided by a film jury of three persons who are independent
of the film industry and are appointed for a period of two years by the
Minister after consultation with the executive and the board of
representatives.

     The Danish Film Institute spent a total of D.Kr. 55.7m on its activities
in 1982. These included loans for film production, manuscript subsidies and
deficit subsidies (kr. 37m), running the film school (kr. 6m), and running
two film and video workshops (kr. 3.1m)

     It should be noted in this connection that Danish film producers do not
receive any automatic assistance or subsidy, whether in direct form or
indirectly as reduced levies, etc. Subsidies are granted selectively, based on
quality criteria and financed by government funds.

     The Danish Government Film Office (Statens Filmcentral) was set up in
1939 to purchase and make available for hire documentary and educational
films.

     Today the task of the Film Office is to promote information, education
and artistic and cultural activity by producing and purchasing short films
and distributing these to educational institutions, libraries, associations,
etc.

     The Government Film Office advises public bodies on matters relating to
documentary films, and is responsible for the technical and administrative
aspects of documentary-film production on behalf of these authorities.

     It does not in fact execute films on behalf of government bodies; the
actual work is delegated to private producers.

     The Office finances its productions 100%. On occasion, however, it also
invests a minority share in a production financed from other sources,
reserving the right to include the finished film in its distribution system.

     In addition, the Office purchases films - both Danish and foreign - for
distribution in Denmark and on occasion receives films free of charge for
distribution.

     The Office distributes documentary and educational films on a
non-commercial basis, i.e. no admission fee is charged when the films are
shown. The borrower is charged a nominal fee. Most of the films issued on loan
go to institutions with an educational background but many are borrowed for
the purpose of general information by kindergartens, film clubs, trade unions,
libraries, etc.

     In 1982 the Government Film Office held distribution rights for 1,270
titles, made up of 16,714 film copies. A total of 62 new titles were added
during the year. Films were borrowed 279,000 times; a total of 70,200
applications were refused. Films are available on 16-mm film. In 1981 a start
was made to a new system, whereby films were also made available on video tape
on a permanent loan basis.

     The Film Office is headed by a five-man executive appointed by the
Minister. One member with qualified knowledge of users' affairs is nominated
by local-government organisations; one member with corresponding
qualifications and two members with technical expertise in film production are
nominated by a board of representatives. The latter body has a maximum of 20
members nominated by leading consumer groups, research organisations and
short-film organisations.

     The executive enjoys the same independence of Ministry control as the
executive of the Film Institute (see above).

     The executive can decide to produce or purchase short films only on the
recommendation of a programme-editorial committee of up to three members,
whose status and appointment correspond to those of the film advisers working
with the Film Institute.

     The Government Film Office spent a total of D.kr. 39m on its various
activities in 1982. The approximate break-down was kr. 25m for costs in
connection with distribution and kr. 14m for costs arising from production and
purchase of films.

     The history and development of short-film production in Denmark are closely
associated with the Danish Government Film Office. As one of the oldest film
institutions in the world, the Office has been distributing educational films,
documentaries and other short films for non-commercial screening for more than
40 years. Today the Office lends out more than 1/4 million film copies
annually in Denmark, seen by more than 12 million people. The leading name in
Danish short-film production is Jorgen Roos. He has been making films of this
type for 40 years, many of which have been well-received outside Denmark,
including his films on Greenland, Hans Christian Andersen and Carl Nielsen.
Sisimiut (photo) is one of the many expressions of his love of Greenland.

     Jorgen Leth is well-known for many sporting films and short films which
experiment and seek new modes of expression. His latest is 66 scener fra
Amerika (66 scenes from America), photo, an observer's fascination with the
United States - without as much as a word about politics!

     Children's films constitute a special field of collaboration between the
Film Institute and the Government Film Office; the 1982 Act stipulates that at
least 25% of the funds earmarked by the two executive bodies for film
production - and for certain other purposes - must be invested in films for
children. A Children's Film Council has been appointed, comprising one film
adviser, one programme editor and one special adviser on children's films;
the latter is the prime mover in generating children's films. The Children's
Film Council submits to the appropriate executive body its recommendations for
application of funds.

     The Cinematograph Act also provides for the establishment and running of
the Danish Film Museum (Det danske Filmmuseum), whose job it is to ensure
preservation of films, film stills and other material relating to motion
pictures, to collect and lend film literature and to make the history of
motion pictures known to a wider public.

     The South Jutland Symphony Orchestra (photo) is one of Denmark's five
regional orchestras. Legislation in 1961 provided state subsidies for orchestras
outside the Greater Copenhagen area, assuring a firmer economic and artistic
footing for existing orchestras in Odense (Funen), Alborg (northern Jutland) and
Arhus (mid-Jutland). In 1963 aid was extended to the South Jutland Symphony
Orchestra based in Sonderborg near the West German border, and in 1964 it was
the turn of the Zealand Symphony Orchestra, whose musical base continues to be
the excellent resident orchestra of the world famous Tivoli Gardens in
Copenhagen. The regional orchestra subsidy scheme has benefited music-lovers,
musicians and composers and also provides government support for other
orchestras deemed to have bearing on Denmark's musical culture.

     The producer of every Danish film shown to the public is required on
request to supply the Museum with one unused copy of the film on reimbursement
of the cost of manufacturing the copy. Two years after the first public
screening of a Danish film in Denmark the producer is required free of charge
to deposit a good, used copy of the film with the Museum. The Museum receives
copies of foreign films by arrangement with producers and distributors. The
Museum has a collection of more than 11,000 titles. It also incorporates a
large library housing literature on motion pictures and television. The
Museum issues a small number of films for non-public showing to film clubs.
The Museum itself screens many films on a non-public basis and issues a film
magazine. During 1982 the Museum had a budget of kr. 6.5m.

     The Act also contains provisions relating to the establishment and
running of cinemas.

     Any person complying with certain objective conditions can obtain a
permit to run a cinema. The great majority of cinemas in Denmark are privately
owned. A few are however owned and run by local authorities.

     Denmark had a total of 470 cinemas in the first quarter of 1980, 212
(45%) of which were in multi-cinema establishments. Approx. 1/4 of the
country's local-government areas had no cinema.

Music

     The Music Act, No. 306 of 10 June 1976, as amended by Act No. 248 of 27
May 1981, lays down provisions governing state subsidies for music
(excluding the activities of the Royal Orchestra, which is resident at the
Royal Theatre, Radio Denmark's Symphony Orchestra and Light Orchestra, the
five academies of music, and military bands).

     The Music Act was passed in order to promote decentralisation of Danish
music and to ensure support for important sections of the musical community
which had long suffered from unsatisfactory conditions for development, e.g.
amateur music, jazz, beat and folk music, as well as general music teaching
and arrangement of musical events.

     The Act provides for the establishment of five regional orchestras. The
state covers 50% of the deficit of these orchestras (75% in the case of The
South Jutland Symphony Orchestra) on the condition that the balance is
defrayed by county and/or district authorities.

     The Act also provides for establishment of a National Music Council,
charged with promoting the interests of music in Denmark. The Council advises
and assists the authorities in matters pertaining to music and submits to the
Ministry of Cultural Affairs its recommendations for application of funds
earmarked for implementation of the aims of the Act.

     Moreover, each county council appoints a county music committee which
helps to co-ordinate musical activities in the county and also submits
opinions to the county council and to the National Music Council concerning
application of funds under The Music Act for purposes affecting the county.

     Appropriations under The Music Act in 1982 totalled D.kr. 54,423,800. The
bulk of this figure related to statutory subsidies to regional orchestras.
The amount made available for free musical purposes totalled approx. kr.
16m - including an amount of kr. 8m representing an increase in
appropriations.