Denmark

[DK] Realisation of Film Policy through the Film Agreement 2003-2006 and the Media Agreement 2002-2006

IRIS 2003-4:1/28

Elisabeth Thuesen

Law Department, Copenhagen Business School

The Danish Government entered into a political Agreement of 3 June 2002, the Mediepolitisk aftale for 2002 - 2006 (Agreement on Media Policy for 2002-2006, "the Media Agreement" - see IRIS 2002-7: 9). Consequently, in order to support the development of Danish film art, the Government has entered into a political agreement, Filmaftalen (the Film Agreement) of 1 November 2002, with the vast majority of members of the opposition parties, on the economic framework for film support based on the resources granted by the Finance Act, and on rules providing for the principles of film policy for 2003 - 2006. The Film Agreement provides for augmenting the flexibility of the existing systems of support.

According to the Film Agreement, Det Danske Filminstitut (the Danish Film Institute) shall ensure that 80100 feature films will be produced during the four-year period of the agreement. The economic resources are to be supplied by the Film Institute and the Danish public service broadcasters, Danmarks Radio (DR) and TV2, which between them shall invest about DKK 920 million (approx. EUR 123.85 million) in this project.

The Film Institute, DR and TV2 shall between them set aside about DKK 217 million (approx. EUR 29.21 million) for the development, production and distribution of short films and documentary films during the period of the Film Agreement.

The conditions for spending the resources for feature films have to be laid down in contracts for public service with DR and TV2.

The Media Agreement lays down that 21% of the programmes broadcast by DR has to be provided by independent producers. The public service contracts shall provide for a system according to which a standard contract shall be drawn up between the Film Institute, the broadcasters and the association of producers. This standard contract shall constitute the framework for agreements between the broadcasters (DR and TV2) and the single independent producers on investment and/or purchase of broadcasting rights in concrete feature film projects.

The basis of the standard contract shall concern in particular the augmentation of the earning possibilities and reduction of the risks of the independent producers, the freedom of DR and TV2 to decide on their engagements and the regulation of earning possibilities for the exploitation of feature films in the commercial markets for cinema, video sale and lease, pay-television, Internet etc.

The standard contract has to be based on considerations concerning: the increase in the number of films in Danish language to be broadcast on television; broadcasting rights; the terms for the paying back of investments and regulation of the distribution of an eventual surplus between the investors.

Correspondingly, public service contracts will also provide for the spending of DR's and TV2's resources on short films and documentary films.

Based on a collaboration between DR, TV2 and the Film Institute, a system regarding the development of various talents also has to be established. An artistic director who has to decide on the support to be spent on the different projects has to be appointed. It is the purpose of the system to create possibilities for new talents and experienced film directors to start their first film production or to test new sides of their talent. The Film Institute shall spend DKK 75 million (approx. EUR 10.1 million) for the entire period 2003 - 2006 on talent development. The administration of the system shall be the responsibility of the Film Institute.

DR and TV2 shall continue their existing engagement in short story films by spending DKK 4 million (approx. EUR 540 000) each year during the period 2003 - 2006.

The Film Agreement also provides for the conservation of films (nitrate films), which are part of the Danish film heritage.

The relationship between the Media Agreement and the Film Agreement is outlined in the official note, Sammenhængen mellem Medieaftale 2002-2006 og Filmaftale 2003-2006 (The relationship between the Media Agreement 2002-2006 and the Film Agreement 2002-2006).