Germany

[DE] OLG München Upholds Cameraman's Claim

IRIS 2010-9:1/20

Anne Yliniva-Hoffmann

Institute of European Media Law (EMR), Saarbrücken/Brussels

According to media reports, the Oberlandesgericht München (Munich Appeals Court - OLG) has upheld the claim of a cameraman who worked on the film "Das Boot" to a reasonable additional share in the revenue generated through exploitation of the film, thereby confirming the ruling of the Landgericht München I (Munich District Court I).

Agreeing with the lower instance court (see IRIS 2009-6: 8/12), the OLG found a "noticeable disproportion" in the sense of Article 32a of the Urheberrechtsgesetz (Copyright Act) between the remuneration paid to the cameraman when the film was produced in 1981 and the amount of revenue generated since that time, during which the film had become a global success. The cameraman had asserted a claim against the producer, the broadcaster that financed the film and a video company.

According to the reports, the defendants have appealed to the Bundesgerichtshof (Federal Supreme Court) against this OLG ruling.