4. Law and legislation
Denmark
Last update: March, 2012
There are no articles in the Danish constitution directly related to cultural rights or issues of cultural politics in the normal sense that cultural policy is conceptualised today. These are indirectly included in the agreements of protection of human rights as defined in the Danish Constitution, in Chapter 7 relating to religion, and in Chapter 8 on personal freedom, in particular on property rights, freedom of speech and freedom to gather. Positive human rights, e.g. the right to social security and the right to free education, are also protected.
According to the constitution, personal freedom is inviolable. Restriction of liberty can therefore not be used against people with particular religious or political convictions. The court controls the legality of the restriction of liberty.
The Danish court has, lately, not shown reticence in the question of the protection of human rights internationally. In 1992, the European Convention on Human Rights was legally made a part of Danish justice and has, since then, formed the basis for the criticism of not only administrative decisions, but also the legislation.
Last update: March, 2012
Neither the Ministry of Culture nor the Minister of Culture can dispense or intervene in the allocation of public funds for culture, according to the Laws of the State Arts Foundation and the Danish Arts Council. This has not been changed in recent years (see chapter 1.2.2, chapter 2.1 and chapter 4.2.1).
The Danish Arts Agency (now called the Danish Agency for Culture) is an administrative unit under the auspices of the Danish Ministry of Culture (see chapter 1.2.2) and acts as the secretariat for the Danish Arts Foundation and the Danish Arts Council. The Danish Arts Foundation's role is to promote Danish creative arts and its sphere of activity is defined by the Arts Foundation Act. The Foundation's funding is determined by the annual Finance Act. The Foundation's allocations are performed by eight three-person committees, at an arm's length distance. The role of the Danish Arts Council is to promote artistic development in Denmark and Danish art abroad, and in terms of allocations, the Council has established a committee of experts within the field of literature, the performing arts, the visual arts and music. Most of the financial support awarded by the Council and its committees is allocated according to the guidelines laid down in the Literature Act, the Theatre Act, the Visual Arts Act and the Music Act.
Last update: March, 2012
Besides the regular labour market legislation, there are no special social security arrangements for artists and cultural workers in Denmark. Artists operate under the same social security system as all other citizens.
Last update: March, 2012
Cultural production and distribution is generally taxed on the same basis as regular tax regulations on income from other activities. However, some special agreements have been passed by the Parliament in order to improve the economic working conditions of the cultural system, through tax regulations specially targeted to artists themselves, specific exemptions on corporate taxes for investment in culture, laws on private foundations of public utility and VAT exemptions:
Act nr. 1062 of December the 17th 2002 on tax equalisation of income from artistic creation made it possible for artists to split their income over different tax years; for example artists with a maximum income of up to 539 000 DKK per year can store the amount for up to 10 years for later taxation. This does not count for performing artists.
Tax exceptions in the cultural field
Until 2002 only certain specific awards, e.g. The Nobel Price was tax exempted. In 2002 (Act No. 391, June 6 2002) this exemption was extended to all awards, if the award was given as a sign of recognition of the artist's merits. The condition was that the award was not been applied for and that it was a one-time payment. Act no. 538 of 6 June 2007 further extended this exemption, so that awards from private companies were included.
Furthermore The Law on Tax Exceptions in the Cultural Field (Act nr. 138, passed by the Parliament, December 20, 2004) made it easier for private companies to deduct investments in the arts. When a company buys a painting, up to 25% of the price can be deducted for tax purposes. Most recently, Act nr. 1389 of 20 December 2004 also made it possible for private companies and funds to donate gifts to public supported cultural institutions. Conditions attached are that the gift must be donated without any application and a maximum of 25% of the donation can be deducted for tax purposes.
Law on taxation funds
The Law on Taxation of Funds (Act no.145 of 19 March 1986) was introduced to take effect from the tax year 1987. It was part of the tax reform of 19 June 1985. Since then a number of adjustments have been made, but the principles from the 1986 law remain intact. The main principle is as follows:
According to the Law on Taxation of Funds, funds are taxed by rules, which are in principle similar to those applicable to joint-stock-companies. In order to avoid hindering a fund from looking after such interests as are stated in its statutes, the Law on Taxation of Funds comprises a number of exceptional rules on rights to tax deduction of division of profits and deposits:
- the fund may, according to rules similar to those governing limited companies, deduct operational costs. Expenses for sponsorships that are part of the fund's operations in reaching its aims may then be deducted as operational expenses;
- there is no tax limit on the amount a fund may give out for sponsorship. However, the sponsored amount may not exceed the taxable income assessed after the normal rules;
- a distribution may be tax deductible either as an unspecified charity, as a distribution for the common good or as a statutory distribution. If it is the latter, then a condition for tax deduction is that the receiver of the distribution is taxed;
- furthermore, the fund may deduct an amount corresponding to 25% of a year's distribution to the common good for consolidation purposes; and
- if the economic conditions within a fund disallows the implementation of a project in one go, there is the possibility of setting aside deductible funds for later distribution for the purpose of common good. If the purpose is cultural or artistic, it may be permitted that deposits are made to non-specified projects that have to be realised within a period not exceeding 15 years.
Thus, funds have wider access to tax deduction for grants to cultural activities than private corporations, because there is no tax limit to the amount a fund may give out for sponsorship.
Although the Law on Tax Exceptions in the Cultural Field (Act nr. 138, passed by the Parliament, 20 December 2004, see above) has made it easier for private companies to deduct investments in the arts and to donate gifts to public supported cultural institutions, only a maximum of 25% can be deducted for tax purposes, e.g. when a company buys a painting or donates money to a local music school.
But funds cannot both deduct donations to cultural purposes according to the Law on Taxation of Funds and then also according to the Law on Tax Exceptions in the Cultural Fields rules of tax deduction for gifts to cultural institutions.
VAT exemptions: The Danish rate of VAT on cultural services and goods is 25%; e.g. Books and music CD's are taxed at 25%. But a few exceptions do exist:
- in the case of a first-time sale of an artist's own works, the artist and the artist's heirs may sell VAT-entitled works at a reduced price corresponding to 20% of the VAT taxation base (VAT Law §30, 3) inserted through Law No.375 of May 1994);
- an artist or the artist's heirs, who sell their own works of art for the first time, do not have to register for VAT when the sale does not exceed DKK 300 000 either in the current or the previous calendar year (VAT Law §49, 2, No 2, inserted through Law No 375 of May 1994, changed through Law No 291 of May 2002);
- on imports of artefacts, the VAT calculation base is 20% of the base applicable for importing from non-EU countries;
- sports activities and sports arrangements are exempted from VAT - VAT Law No 375 of 1994;
- cultural institutions, including libraries, zoological gardens etc. are exempt from VAT, including closely associated goods deliveries. The exemption does not include radio and television broadcasts, cinema-and theatre performances or concerts or similar arrangements.(VAT Law § 13, 1, No 6, Law No 375 of May 1994);
- fees received from writing-and composing work, as well as other artistic activities, is exempt from VAT. The exemption does not include sale of art artefacts. (VAT Law No 375 of May 1994);
- deliveries of goods and services in connection with charity arrangements and collecting and sale of used goods of small value is, under certain conditions, free from VAT duty (VAT Law 375 of May 1994); and
- charitable societies' sale of goods and benefits in connection with activities are, under certain conditions, exempt from VAT (VAT Law No 375 of May 1994).
Last update: March, 2012
There isn't any specific labour law in Denmark that applies to artists or other people employed in the cultural field. The current Danish Labour Law is valid for all Danes, regardless of their profession.
Last update: March, 2012
In Denmark, protection of copyright lies in the field of cultural policy, and the current Law on Copyright dates from 27 February 2010 (jf. lovbekendtgørelse nr. 587 af 20. juni 2008 med de ændringer, der følger af § 5 i lov nr. 1404 af 27. december 2008, lov nr. 510 af 12. juni 2009 samt § 2 i lov nr. 1269 af 16. december 2009). Copyright is the responsibility of the Ministry of Culture. The Act specifies and defines the mutual rights and obligations of the author, producer and user. The Danish artists' rights protection represents the "droit d'auteur" tradition, which asserts the authors' and performers' economic and moral interests.
According to Danish and Nordic tradition, copyright laws must primarily protect the rights of the creator and, ideally, serve as the undisputed guarantor of aesthetic freedom and financial revenue to the artists. Under the Danish Copyright Act, the originator of a literary or artistic work holds copyright for that work.
Examples of protected works are literature, music, theatre, film, the visual arts – including photography, architecture, decorative arts – and computer programmes. It is the expression of the work which is protected – that is to say, the work's singular design or presentation. Copyright applies from the moment of creation of the work. Thus, protection does not depend on any kind of registration. The copyright runs for 70 years following the death of the copyright holder.
Infringement of copyright may incur civil liability and criminal liability in the form of fines or imprisonment. Provisions aimed at protecting neighbouring rights e.g. performing artists (actors, musicians, dancers, etc), audio producers (record companies), film producers, radio and TV companies, photographers and producers of catalogues, tables and databases etc are also covered by the Copyright Act. The term of protection for these rights is 50 years from the time of production. The term of protection for catalogues, databases etc, however, only runs for 15 years from production or publication. Registration is no prerequisite for protection in this field either.
The Copyright Act fulfils Denmark's international obligations with regard to the protection of rights set forth in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Berne Convention, the Rome Convention, and the European Agreement on Protection of Television Broadcasts. The Act also complies with European directives on the protection of computer programmes, rental and lending rights, satellite broadcasting and cable re-transmission, the term of protection, and the protection of databases.
The Danish (and Nordic) copyright legislation provides for organisations made up of copyright holders entering into collective agreements with users and producers regarding compensation for individual works and performances, the size of royalties, etc.
Rights holders under the Copyright Act have established collecting societies, which administer the copyright on behalf of the holder. Examples of collecting societies in Denmark are COPYDAN, KODA, NCB and Gramex. Under the COPYDAN umbrella, such societies recover and distribute remuneration paid in connection with cable re-transmission of television programmes, the sale of blank audio and video tapes, as well as the copying of protected material. COPYDAN also administers remuneration for the commercial resale of works of art (droit de suite) and the exclusive rights of painters and sculptors. KODA is in charge of authors' rights to public performances of music. The Nordic Copyright Bureau takes care of the mechanical rights of music in connection with the distribution of CDs, films, etc. Gramex controls the remuneration to performers and producers from sound recordings in connection with public performances on radio and television and other public performances.
In principle, all the main aspects of copyright legislation in Denmark and the other Nordic countries have been identical for many years. The pan-Nordic unit of jurisdiction may be considered as a practical provision to encourage cultural development and exchange in the Nordic countries as well as a tool to improve general understanding of specifically Nordic solutions for international copyright co-operation, especially under the auspices of the EU.
Copyright in the Nordic countries is based on § 2 of the national Copyright Acts. However, in all of the countries, copyright is limited by a number of exemptions to secure "fair use". The legitimate economic interests of the copyright holders to protect their rights are weighed against public demand for free utilisation of protected works. Technically, this weighting is carried out by imposing limits on the rules. Three different legal constructions restrict copyright in principle:
- free utilisation – the most radical form of restriction, which allows free use without prior permission and without remuneration to the copyright holder;
- compulsory licenses – a construction that permits use without prior permission, but copyright holders have the right to remuneration; and
- collective agreement license – a special Danish / Nordic construction, which involves users entering into an agreement with a representative organisation, granting users the right to use all of the copyright holders' works of the type in question, including works that do not fall under the auspices of the organisation. In other words, agreement licenses are based on voluntary agreements entered into between the parties, but also involve an element similar to compulsory licenses in relation to outside copyright holders.
This latter model, the collective agreement license, in particular clearly illustrates the common perception of the basic problem facing copyright legislation in the Nordic countries: Finding a balance between the copyright holder's right to control of, and remuneration for, the exploitation of his / her own work and society's need for quick and easy access to knowledge, information, etc.
Recent changes, debates and challenges
Thus, the Danish / Nordic approach to solving the basic copyright problem is pragmatic. Voluntary agreements between the parties provide as flexible a clearing mechanism as possible. Digital innovations have increased the need for pragmatic solutions to the clearing problem. In the right form, the Nordic agreement model and collective administration could be one of several answers to this challenge. A recent example of this is an agreement which KODA made with non-commercial Creative Commons licenses, allowing its members to give gratis access and use of their music for non-commercial purposes.
From a Danish point of view, one of the most important challenges for copyright protection in the years to come is how to prevent piracy in the global reality of digitalisation. The issue requires an international answer from the UN, UNESCO, GATS or another global organisation. Internally, Denmark will have to renew the Copyright Act according to the digitalisation of Danish cultural heritage organisations such as Denmark's Radio and Television (DR) (see chapter 4.2.6), the museums etc.. The purpose is to create a "win-win" situation for the rights-holders, producers and citizens, by means of the collective agreement license. KODA's initiative concerning implementation of the non-commercial Creative Commons license is a step in that direction. A move in this direction is the implementation of Article 50.2 of the Copyright Laws (Law No 231 of 8 April 2008) which contains potential for agreement licenses. In 2011 challenges concerning streaming services that provide music were high on the agenda. KODA was an active participant in negotiating terms for artists, starting with an agreement with Danish telecom provider TDC, and its service Play. Since then, services such as WiMP, Waves Out, rara.com, BibZoom, Spotify – and most recently Sony's Music Unlimited, have joined the market. KODA's main argument is that the Danish consumers demand an easy, cheap and unlimited access to music, and if this is not provided in a legal manner – users will seek illegal alternatives. However, from KODA's viewpoint, it is important that artists get reimbursed and therefore negotiates terms that are suitable for the artists. The problem is that the Multi-National recording industry makes demands, which leaves little for the individual artists; this is demonstrated by returns for streaming services which demonstrate how little income is made by the artists themselves. Therefore, even though users gain in terms of accessibility and enterprises in terms of money – the artists seem to have been left the shortest straw.
Another recent debate concerns KODA and music blogs. Again, digital communication poses actual challenges to dissemination, use and payment of music. In this case, it is not fulfilling for the organisers of amateur and fan-based, non-commercial music blogs to get permission from artists and record companies, as they also have to pay KODA. Without this payment, the act of writing about, and give readers / listeners the opportunity to stream or download songs, is not legal. This is just one of many "gray zones" that digitalisation has imposed on the field of cultural policy – and in this case is currently being solved between KODA and the music bloggers. Even though to many, it does not sound fair that amateur, non-commercial bloggers have to pay for writing about their favourite music / musicians – KODA has in this case proved to be flexible and is currently negotiating alternative models that could benefit all actors.
The ad hoc cases concerning streaming of music on the Internet will keep on surfacing. A recent example is a case between Audio & Visual Aps and KODA. Audio & Video is a company that offers streaming of music through the Internet to customers such as stores and cafés. Audio and Video took their dispute to the committee for administering copyright, as in their view KODA was making too rigid demands on behalf of their members. The committee thought differently, and on 18 January 2012, it gave a verdict in KODA's favour. This is only one of many cases to come, where judgements within the sphere of digital culture need to be made on an ad hoc basis.
Report on Copyright in the digitisation of cultural heritage
In October 2006, the Ministry of Culture set up a working group on digitisation of cultural heritage. The working group has drawn up several proposals to digitise selected priority areas of cultural heritage. The overall focus of the working group work and problem solving has been the preservation, dissemination and accessibility of cultural heritage. The aim has also been to promote cooperation and ensure a rational division of labour between stakeholders nationally and internationally. The Working Party Report on digitisation of cultural heritage was handed to the Ministry of Culture in April 2007 (see: http://www.kum.dk copyright for downloading of report).
The working report was followed by a final report, issued in 2009. Here, the purpose of digitisation is again phrased in terms of protection, conservation and accessibility of the cultural heritage. Amongst the considerations taken into account in the report are technical accessibility, i.e. an effective process that results in usable digital files, that the files are long-lasting and reliable, that internationally acclaimed standards will be used and that they can easily be located by search machines like Google and Europeana. Another reoccurring challenge is the issue of digitalisation and copyright. Much of the data / material that the Danish cultural institutions preserve are still covered by copyright and the report underlines the importance of not succumbing to a "20th century black hole". In order to avoid that, the Parliament passed what is called an "agreement based license" (Law nr. 3231, 8. April 2008), which reduces the administrative complexities in providing digital access to copyright protected material. Finally, the report discusses the importance of effective dissemination. Here, it is suggested that the metadata is searchable in English (as well as in Danish) and to allow users to search both for metadata, as well as via indexing of file content.
The Danish EU Presidency, January to July 2012, will make copyright in digital times an important theme to discuss in the coming years (see chapter 1.4.2).
See chapter 4.1.6
Last update: March, 2012
As mentioned in chapter 2.5.4, there is no official statutory document stating Danish as the national language for the Kingdom of Denmark. Since 2002, Denmark has, to a high degree, followed the EU-regulation (BEK nr. 618 of 22/07/2002) in which all citizens from the European Union are entitled to receive instruction in their native language. This also includes citizens from the Faeroe Islands, Greenland and the Danish minority in northern Germany. Native language teaching for Danes living south of the Danish border in Germany has been regulated since the Copenhagen-Bonn Declaration from 1955.
Greenland and the Faeroe Islands have had their own language policy since the introduction of home rule in 1948 and 1979. The Greenlandic language policy, insisting on Greenlandic as the county's main language, has been subject to several internal and external discussions over the years. Today, Greenlandic is the main language. But Danish and English is also emphasised as second and third languages in schools and the society to avoid ethnic isolation and as a proactive means to participate in the globalisation process.
The national TV and radio-stations (DR and TV2) are obliged to live up to their public service responsibilities and broadcast national and local programmes, including news programmes, in Danish, according to the recent Act on Media from 2010. Danish minorities in northern Germany are benefiting from this public service agreement, as well as inhabitants in Greenland and the Faeroe Islands who are still members of the Danish Kingdom (see chapter 4.2.6 on media legislation).
Major public institutions like Denmark Radio, The Royal Theatre and the Museum of Art are, more and more, regarded as a means to create awareness of Danish identity, cultural heritage and language. Although Danish language authorities prefer to set guidelines and not to legislate for the use of Danish – there has been a tendency to prioritise Danish culture and language when new cultural initiatives are taken. The preservation of the Danish language and its impact on Danish identity is an underlying theme in the present cultural policy and it enjoys the attention of leading politicians and scientists.
Information is currently not available.
Last update: March, 2012
In general, two levels of legislation regulate and define the overall aims of the cultural institutions and activities in the specific fields of art and culture in Denmark:
- the general law of theatre, music, cultural heritage, literature and libraries, film, radio and TV etc. which defines the overall aims, decision-making structures, competences etc. of the institutions in the different fields; and
- the laws for the Danish Art Foundation (Statens Kunstfond) and the Danish Arts Council (Statens Kunstråd) which states the specific aims and support-schemes to the individual creative artist and the different fields of arts in general (see chapter 4.2.4).
Table 1: List of existing cultural legislation
Title of Act | Year of adoption |
---|---|
Act on radio and TV | 06.05.2010 |
Act on copyright | 27.02.2010 |
Act on theatres | 23.06.2009 |
Act on libraries | 20.08.2008 |
Act on music | 03.01.2008 |
Act preservation of buildings | 29.08.2007 |
Act on archives | 21.08.2007 |
Act on museums | 14.12.2006 |
Act on literature | 29.11.2003 |
Act on visual arts | 29.11.2003 |
Acton on the Danish Arts Foundation | 29.11.2003 |
Act on the Danish Arts Council | 14.01.2011 |
Last update: March, 2012
Museums
Museums are regulated by the first comprehensive Law on Museums - the Danish Museum Act (Law No 118 of 15 April 1964 om Statstilskud til Kunstmuseer passed by the Parliament on 3 April 1964). The Act establishes the function of museums within each museum category (culture, art and nature), conditions for state recognition, and subsidy arrangements. The Act also includes provisions on archaeological research conducted by museums, Danefæ (official treasure trove) and Danekræ (natural history finds). The law has been amended on several occasions. In 1974 the Law on Cultural Heritage Museums passed by the Parliament on 14 March 1974 (Law No 193 of 29 March 1974 om ændring af lov om statstilskud til kulturhistoriske museer). A Law concerning Compulsory Deliveries of Published Material was passed by the Parliament (Law No 1439 passed by the Parliament on 22 December 2004). Most recently, the law has been complemented by a new departmental order (Law No 1513, 13 December 2006) regarding the objectives and powers of the Danish National Cultural Heritage Agency.
Archives
The first Danish Act on Archives was passed by the Parliament on 8 May 1992 (Law No 337 of 14 May 1992). The Act lays down the overarching principles governing public archives and how public bodies are to treat their records. The Public Archives Act requires public bodies to submit their records to the State Archives so that they can be made accessible to the public after a period of thirty years. Municipalities are not obligated to submit their records to the public archives.
The Act has been amended twice, most recently in 2005 (Law No 563 of 24 June om ændring af en række love på kulturområdet (Udmøntning af kommunalreformen på kulturområdet) related to the Local Government Reform which implies more local responsibility to the Municipalities (see chapter 1.2.2). Most recently, a new Law on Archives regarding extended accessibility (Law No 532) came into force on 6 June 2007.
Last update: March, 2012
Theatre
The first comprehensive framework for state aid to the performing arts and theatres was set out in the Theatres Act in 1963 (Law No 202 of 31 May 1963 concerning Theatres, passed by the Parliament on14 May 1963).
The purpose was to establish the basis for continuous development of Danish dramatic art and culture. The Act was designed to enhance the choice of theatre available to audiences, emphasising quality, diversity and innovation. Ensuring ample geographic distribution and guaranteeing the needs of diverse audience groups also came within the remit of the Act.
The first Theatres Act has subsequently been amended on more than twenty occasions since 1963. Among the most recent are restrictions concerning the reimbursement of state support to local theatres (Law No 1104 passed by Parliament on 21 December 1994) and new rules for support to local theatres (Law No 103 om ændring af teaterloven og lov om regionale kulturforsøg passed by the Parliament on 22 February 1996).
The Law on Theatre No 1003, from 29 November 2003, has been amended five times (Law No 1156 from 19 December 2003, Law No 519 from 21 June 2005, Law No 459 from 23 May 2007, Law No 460 from 23 May 2007 and Law No 88 from 20 February 2008). Some of these amendments were related to the Local Governmental Reform in the field of theatre. The latest amendment was of an administrative nature.
The Theatre Law has not been revised in total since 1990, although several changes have been added since then. These changes make the law confusing and difficult to navigate and, according to experts, have resulted in a patchwork blanket of temporary solutions.
The Local Government Reform, of 1 January 2007, caused a huge debate on theatre policy and the poor status of local theatres and the small city theatres in Denmark (see chapter 1.2.2). The basis for the Danish local theatre model is municipal funding and the municipality is refunded by the state. Until 2007, refunding by the state amounted to 50% of grants. But, as part of the Finance Law of 2007, it was decided to make refunding percent variable within a fixed yearly budget. This actually means that the local theatres got less public funding in 2008.
Calculations by the Danish Statistical Bureau in 2007 documented that the number of tickets sold by state subsidised theatres remained stable at around 2-3 million for the previous 10 years while the regional theatres decreased their numbers by 24% and the Copenhagen Theatres by 27%. On the other hand, the local theatres and the small city theatres increased their ticket sales by 34%.
Music
Denmark became the first country in the world to adopt definitive legislation in the field of music. Subsidies in the field of music are granted pursuant to the Music Act, which was passed in 1976 (Law No 306 of 10 June 1976 on musicpassed by the Parliament 26 May 1976).
The main purpose was to support the permanent symphony orchestras, the development of Danish art and music and other initiatives such as development of regional institutions of music. The Act has subsequently been amended on many occasions. In 2000, a new law concerning state support to local music venues for rock, jazz and folk music (Law No 341) was passed by the Parliamenton 11 May 2000.In 2006, a departmental order regarding state support to music schools and courses organised by the Municipalities (Law No 723) was put into force on 22 June. Most recently, a comprehensive new Law on Music (Law No 184 of January 2008) was declared. The law includes all the different revisions, changes and amendments since the first Music Act was passed by the Parliament in 1976.
The Danish Arts Foundation (see chapter 4.2.4) has a special committee for Three-year working grants awarded by the foundation as subsidies to individual composers. Lifelong subsidies are awarded to composers recognised for long-term accomplishments within the art of music.
The Danish Arts Council (see chapter 4.2.4) has special committees to manage subsidies to arts of stage as well as the art of music.
Last update: March, 2012
The present Laws on Visual Arts encompass the following institutions and issues:
- the Academy Council (adviser for the state in visual arts) (Bekendtgørelse om Det Kongelige Akademi for de Skønne Kunster, nr. 306 of 18 May 1999);
- Departemental Order on Visual Arts (Bekendtgørelse af lov om billedkunst, nr. 1004 af 29 November 2003. Bekendtgørelse om betaling af udstillingsvederlag til bildende kunstnere for udlån af egne værker til visse kunstudstillinger, nr. 470 of 23 May 2006);
- Charlottenborg Exibition Hall (Bekendtgørelse for Charlottenborg Udstillingsbygning, nr. 1476 of 14 December 2005);
- the Danish Arts Council (Lov om Kunstrådet, nr. 230 af 2 April 2003); ; Bekendtgørelse af lov om Statens Kunstråd, LBK nr. 79 14 January 2011);
- the Danish Arts Foundation (Bekendtgørelse om fordeling af de af Statens Kunstfond erhvervede kunstværker, nr. 293 of 4 May 1988., Bekendtgørelse om Statens Kunstfond m.v. nr. 228 of 19 March 1998. Bekendtgørelse af lov om Statens Kunstfond, nr. 1002 of 29 November 2003); and
- implementation of the Local Government Reform (Lov om ændring af en række love på kulturområdet (Udmøntning af kommunalreformen på kulturområdet, Lov nr. 563 af 24 June 2005).
Danish contemporary art seems to have strengthened its national and international status. This is commonly agreed upon among gallery owners, heads of cultural institutions, administrators within the government arts departments, as well as among artists and researchers of cultural policy.
There is no data detailing the exact sales for galleries. Estimations from the Copenhagen Business School (CBS) research project "Creative Encounter", which explores the relationship between contemporary art and economic theory, confirm a boom in the contemporary art world (see http://www.cbs.dk).
But according to experts in the cultural field, the Danish boom in contemporary art production and circulation might also have a negative side: What will happen to the quality of art in the longer term? Is there a risk that the boom in contemporary art might lead young artists to chase commercial success, disregarding the skills of their trade and the serious existential search for new content and forms of expression? Will the art schools be robbed of talent that has yet to mature? Will the field of contemporary art be colonised with an avant-garde conformity which will be shown to be irrelevant in just a few years?
Another negative side of adhering overtly to the laws of the market relates to the fact that in economic booms, access to private funds is much easier than in times of recession. During the current economic climate, major private funds that traditionally support culture and the arts, such as the Carlsberg Foundation, have decreased their funding within the realm of art and culture.
Last update: March, 2012
Literature
Denmark's first Literature Act was adopted in the spring of 1996 (Law No 477 of 12 June 1996 om litteratur passed by the Parliament on 31 May 1996). The objective of the Act is to promote literature and access to literature in Denmark, while also promoting Danish literature abroad. The Act applies to Danish and translated literature, including prose, poetry, drama, children's and young adult literature as well as cultural literature and non-fiction. The most recent Law on Literature was related to the foundation of the Danish Arts Council (Law om Kunstrådet, nr. 230, 2 April 2003 passed by the Parliament 20 March 2003). According to the Law, a special committee to manage subsidies to literature was established as a part of the Arts Council (see chapter 4.2.4).
Libraries
The public lending right remuneration scheme, introduced originally in 1946, represents the most significant funding of Danish literature. Pursuant to objective criteria, remuneration is distributed to authors and translators of books published in the Danish language for use in public libraries.
In 2000, Parliament adopted new legislation on libraries: The Libraries Act of 17 May 2000 (Law No 340 of 17 May 2000 om biblioteksvirksomhed passed by the Parliament on 4 May 2000). The Act primarily aims at providing a better framework for public libraries to carry out their information and cultural policy duties in an information society. In addition to books and audio books, the Act now requires that public libraries provide musical recordings, Internet access and digital multimedia.
The Act on Libraries was amendedin 2002 (Law No 1053 of 17 December 2002 om ændring af lov om biblioteksafgift passed by the Parliament on 11 November 2002). The Act deals with a change in the margin of expenditure for the public lending rights fee.
More recent amendments include Law No 430 from 6 June 2005, Law No 431 from 6 June 2005, Law No 563 from 24 June 2005 and Law No 346 from 18 April 2007. The latest amendment, Law No 914 from 20 August 2008, responded to the implementation of the Local Government Reform, putting more responsibilities on the municipalities.
The implementation of the Local Government Reform has given rise to a general debate on its consequences, especially on the position and the role of public libraries in Danish society. The Reform has, in the period January 2007 – March 2010, resulted in about 240 libraries being closed down in the new larger municipalities.
One of the reasons that the discussion has been so intensified is due to the fact that public libraries have been the jewel of Danish cultural policy since the end of the absolutist monarchy in the 1849 constitution (see chapter 1.1). Public libraries have retained this status as pivotal for enlightenment and public cultural education after the Second World War. Public libraries were the largest item on the public culture budget from the creation of The Ministry of Culture in 1961 until 1984. After this time, public libraries fell under the responsibility of local government, financed via ordinary state block grants. Due to the local government reform, the financing and operation of the public libraries became the total responsibility of local government (see chapter 1.2.2).
The argument for closing down public libraries is due to deficits in the budgets of the new municipalities in 2007 and 2008, but there are other reasons. Since 1984, the number of visitors to libraries has declined, although they are still popular compared to the level in other European countries (see chapter 6.2). From 1983 to 2006, lending rates dropped from 87.9 million to 48.6 million books. In the same period, budgets for book acquisitions were cut by nearly 40%. On the other hand, book sales in stores have risen steadily.
But, while factors have come into play such as library usage and the development within digital communication, the serious debate has been caused by the implementation of the local government reform.
Coinciding with this discussion, a debate arose in 2008 regarding the role of literature in libraries. A number of public libraries across the country would like to offer digital services as a replacement for lending out books. This transformation of the role of libraries has been argued with reference to current developments within digital communication and digital culture.
At the end of 2007, the newly appointed head of Copenhagen's main library caused a stir in the literary world, when she announced that fewer books would fill the shelves at the library. Instead the library would make an effort to communicate digitally.
On the other hand, authors, publishing editors, scientists and newspapers have demanded a re-focus on books. Libraries must withstand the prevalent discovery-economic tendencies. The Danish Library Agency (now the Danish Agency of Libraries and Media) proposed a readjustment of the Library Law to make it clearer for libraries to know exactly what a public library should offer. The debate blossomed when a new children's library opened up in Aalborg early in 2008 under the heading "The nearly book-free library".
Last update: March, 2012
Film, video and photography
With the adoption of the 1972 Film Act (Law No 236 of 7 June 1972 om film og biografer passed by the Parliament on 31 May 1972), the old film fund was abolished and replaced by the state-administered Danish Film Institute. At the same time, the cinema licensing system was abolished, and film now came within the province of the Finance Act.
Today, the Ministry of Culture is responsible for the overall administration of state institutions connected with the Danish film industry.
The Film Act came into force in March 1997 (Law No 186 of 12 March 1997 om film passed by the Parliament on 27 February 1997). The Act fused the formerly independent film agencies - the National Film Board of Denmark, the Danish Film Institute and the Danish Film Museum - into one agency now known as the Danish Film Institute. The Media Council for Children and Young People was also established at this juncture to replace the National Film Censorship Board, the agency responsible for censoring films and videos aimed at children and young people following the abolition of adult censorship in 1969.
The Danish Film Institute is responsible for promoting the art and culture of film in Denmark by granting financial support to film production and other initiatives. It supports the development of film as an art form and Danish film and cinema culture.
Support granted to feature films is two-pronged: (1) the Consultant Scheme, which supports the development and production of films, based on an evaluation of the artistic merits of the individual project; and (2) the 60-40 scheme, which allows the Film Institute to grant subsidies of up to 60% without the necessity of the foregoing consultancy. The Film Institute also supports short and documentary films that promote educational, artistic and cultural activities.
Video is regulated according to the Film Act of 1994 (Law No 435 of 1 June 1994 om mærkning af videogrammer) passed by the Parliament on May 24, 1994.
Most recently, a new Film Act (Law No 563 of 24 June 2005) related to the implementation of the Local Government Reform has come into force.
Danish Film Crisis
As opposed to the positive development of the commercial market for contemporary art (see chapter 4.2.4), the market for Danish film has taken a negative curve in 2007 after years of success in the mid-1990s.
Just a few years ago, the most successful Danish films could easily sell 400 000 tickets. However, Primo 2008 was expected to sell less than 300 000 tickets. The average ticket sale for a Danish film in 2007 was 124 000, which is the lowest figure since 2000. Even with subsidies from the film institute (see chapter 1.3.3), this has created a crisis among Danish film producers.
To solve the crisis, it has been proposed to give the film institute greater flexibility, so that the institute can choose to subsidise 18 films instead of 26. Such a reform would ensure each film production would have a better economic foundation. Aside from this, the film industry has expressed a wish to start film-aesthetic discussions on how the industry can create films with high cultural content that capture viewer interest. Money alone will not do it.
Mass media
According to the present Danish Broadcasting Act, all TV and radio-stations require a license or a registration by the Danish Radio and Television Board.
DR, TV 2 Danmark A/S and the regional TV2 stations are all part of the Danish public service radio and television. By living up to the public service requirements, they obtain access to the nationwide broadcasting net and – except TV 2 Danmark A/S – a share of the income from the license fees. DR and the regional TV 2 stations each have a public service contract with the Ministry of Culture. TV 2 / Danmark A/S is, apart from the general law on corporations, regulated by Act nr. 103 28 January 2010 and a specific public service permission. This permission is active until 31 December 2013, and only concerns the main channel, TV 2.
In the public service contracts / license, the TV and radio-stations commit themselves to provide the Danish public with a broad selection of programmes and services including news coverage, information, education, arts, culture and entertainment. They also commit themselves to quality, comprehensiveness and multiplicity, and in programme planning, they are obliged to consider freedom of speech and to aim at objectivity and impartiality. Moreover, the public service TV and radio stations are obliged to consider Danish language and Danish culture.
The public service broadcasters each have specific quotas for news coverage, Danish drama and programmes for children, which they are obliged to follow. The public service broadcasters are also obliged to broadcast programmes on arts and culture, but there are no specific quotas that they must adhere to.
There are no ownership regulations. Concerning quotas on the share of foreign programming, Danish broadcasters only have to adhere to the EU-directives relating to a certain quota for European programmes (see the EU audiovisual media service directive). There are no regulations concerning the share of Danish programmes that must be broadcast, although the public service contracts and licenses include the request for consideration of the Danish language and culture.
Every fourth year, the different parties of the Parliament enter into a media agreement regulating the media area, including the contents of the public service contracts and licenses.
The present law within the area (from May 2010), along with the recent Act from 26 August 2009, concern, amongst other things, changes in the must-carry rules and the licence charges, and an agreement for broadcasting on non-commercial TV.
Recent / impending amendments
- In 2001, the Public Service Council was established, but was shut down again in 2002. The tasks of the council were then transferred to The Radio and Television Board, except the assignment of raising a debate about the purpose of public service, which had been one of the main tasks of the Public Service Council.
- The Radio and Television Board was established in 2001 in accordance with § 33a in the Danish Broadcasting Act (lovbekendtgørelse nr. 701, 15 July 2001). The Radio and Television Board is an independent regulatory authority in charge of supervising the implementation of the Danish broadcasting legislation. The board has the following tasks: 1) to issue licenses to private national and local broadcasters, 2) to monitor whether private and public broadcasters are fulfilling their legal obligations and 3) to administer the grants for non-commercial local radio and television.
- In 2002, two new, more or less nationwide, government allocated radio licenses were put on sale to ensure more competition (Law No 1052 of 17 December 2002).
- In 2003, the public service contracts with DR and TV 2 were extended, with quantitative regulations on the content of their broadcasts.
- Local radio and television boards were abolished in January 2006. The tasks were moved to the central Radio and Television Board.
- By 2006, the funding for local radio and television was raised. This is contrary to the hitherto political decisions of lowering the funding.
- The media agreement of 2006 also resulted in the founding of a Public Service Foundation, with a budget of 75 million DKK to be distributed during the following four years to television broadcasters not funded by license fees and with a household penetration of minimum 50%. The Danish Film Institute will distribute the money.
- In the media agreement of 2006, it was determined that the next public service contract with DR shall oblige DR to provide news coverage in the most spoken foreign languages in Denmark. This is a reaction to the decision of DR to give up broadcasting news in foreign languages, which was part of their public service requirement to further integration and reflect on the diversity of the Danish public (see also chapter 4.1.8 on language laws).
- The Radio and TV Law was amended (BEK nr. 5) on 5 January 2011, in order to facilitate the public procurement of the fourth FM channel (see chapter 2.5.3).
A departmental order on modernisation of license fees paid by viewers and listeners of Denmark Radio and TV (DR) (Bekendtgørelse nr. 210 of 4 March 2008) has been implemented by the Ministry of Culture.
In accordance with the Media Agreement, DR has launched two digital TV channels, one aimed at cultural material, and another aimed at children and young people. In addition, DR launched a channel that screens in HDTV format.
The new Media Agreement, for 2011-2014, focuses on quality and diversity. There are no plans to extend DR's supply of TV and radio channels, but rather to increase the quality of available channels. Included in these objectives is more focus on Danish art and culture and to play more Danish music on the radio channels (see more in chapter 2.5.3).
Architecture is one of the few cultural areas in Denmark not governed by legislation. With the report "A Nation of Architecture - Denmark" published in 2007, for the first time, a comprehensive architectural policy for Denmark has been published (see https://www.ace-cae.eu/fileadmin/New_Upload/6._Architecture_in_Europe/EU_Policy/DK-report.pdf).
The government's architectural policy contains 10 different guidelines listed below, and a series of specific initiatives with the aim to maintain and continue the development of high quality architecture:
- public buildings must have greater architectural quality;
- private demand for architectural quality is to be encouraged;
- architectural quality and efficient construction must go hand-in-hand;
- innovative architecture must ensure healthy, accessible, and viable buildings;
- subsidised construction must have greater architectural quality;
- architectural quality must be emphasised during the planning stage;
- the architectural heritage must be maintained and developed;
- better conditions for export of Danish architecture;
- Danish architecture must have a strong growth potential; and
- the Danish architecture education must be among the best in the world.
(Download the publication at https://kum.dk/uploads/tx_templavoila/Danish%20architectural%20policy_putting%20people%20first.pdf)
The Danish Centre for Architecture is a commercially run foundation. Its objective is to act as an information and development centre for architecture and building culture with a view to generating contacts and building bridges between architecture as art and buildings as commercial enterprises. The centre is also entrusted with increasing interest in and awareness of quality in our physical surroundings.
The Danish Arts Foundation Committee of Architecture allocates scholarships, work and travel grants for individual architects (see chapter 1.2.2). It is also within the committee's remit to support architectural competitions and preparation of outline projects.