DENMARK (Kingdom of)
Signed December 15, 1997
Please take note that this summary is simply a reference tool and that you must comply with the complete terms of the applicable treaty(ies) (see link above) and with Telefilm Canada’s Audiovisual Coproduction guidelines
Film & Television.
Bipartite: 20% – Article III (1) & (2)
Multipartite: 20% – Article VI (1), (2) & (3)
Article III (1) & (2)
- The proportion of the respective contributions of the co-producers of the two countries may vary from twenty (20%), for the minority co-producer, to eighty per cent (80%), for the majority co-producer, of the budget for each co-production.
- Each co-producer shall be required to make an effective technical and creative contribution. In principle, this contribution shall be in proportion to his/her investment.
Article VI (1), (2) & (3)
- The competent authorities of both countries also look favourably upon coproductions undertaken by producers of Canada, Denmark or a member state of the European Union and any country to which Canada or Denmark is linked by an Official Co-Production Agreement.
- The proportion of any minority contribution in any multi-party co-production shall be not less than twenty per cent (20%).
- Each minority co-producer in such co-production shall be obliged to make an effective technical and creative contribution.
SHOOTING AND PERFORMERS
Article V (1) & (2)
- Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out alternately in Canada and in Denmark.
- Location shooting, exterior or interior, in a country not participating in the coproduction (i.e. other than Canada, Denmark or a member state of the European Union) may, however, be authorized, if the script or the action so requires and if technicians from Canada, Denmark or a member state of the European Union take part in the shooting.
Article IV (2)
- Should the co-production so require, the participation of performers other than those provided for in the first paragraph may be permitted, subject to approval by the competent authorities of both countries.
Article V (3)
- The laboratory work shall be done in either Canada, Denmark or a member state of the European Union, unless it is technically impossible to do so, in which case the laboratory work in a country not participating in the co-production may be authorized by the competent authorities of both countries.
Article VII (2)
- The dubbing or subtitling of each co-production into English and/or French, or into Danish shall be carried out respectively in Canada or Denmark. Any departures from this principle must be approved by the competent authorities of both countries.
COPRODUCTION AGREEMENT (ANNEX – RULES OF PROCEDURE)
In accordance with the Film and Video Co-production Agreement between the Government of Canada and the Government of the Kingdom of Denmark, the coproduction agreement should include:
1. the title of the co-production;
2. the name of the author of the script, or that of the adaptor if it is drawn from a literary source;
3. the name of the director (a substitution clause allowing to provide for his replacement if necessary);
4. the budget;
5. the financing plan;
6. the distribution of receipts and markets;
7. the respective shares of the co-producers in any over or under expenditure, which shares shall in principle be proportional to their respective contributions, although the minority co-producer’s share in any over expenditure may be limited to a lower percentage or to a fixed amount providing that the minimum proportion permitted under Article IV of the Agreement is respected;
8. a clause recognizing that admission to benefits under this Agreement does not bind the competent authorities in either country to permit public exhibition of the co-production;
9. a clause prescribing the measures to be taken where:
- after full consideration of the case, the competent authorities in either country refuse to grant the benefits applied for;
- the competent authorities prohibit the exhibition of the co-production in either country or its export to a third country;
- either party fails to fulfill its commitments;
10. the period when shooting is to begin;
11. a clause stipulating that the majority co-producer shall take out an insurance policy covering at least “all production risks” and “all original material production risks”;
12. a clause providing for the sharing of the ownership of copyright on a basis which is proportionate to the respective contributions of the co-producers.
IMPORTANT: please also consult List of essential elements required in an audiovisual coproduction agreement