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In a recently published judgment of 27 March 2012, the Bundesgerichtshof (Federal Supreme Court - BGH) decided that text and images made available by a television broadcaster to advertise programmes via an electronic programme guide (EPG) are protected under copyright law and cannot therefore be used by third parties without the copyright-holder’s permission. The legal proceedings were instituted by a collecting society that looks after the copyright of several broadcasting companies, against the provider of an EPG that was free to use and funded through advertising. The defendant was accused of...

The new Bremische Mediengesetz (Bremen Media Act) entered into force on 26 July 2012. The Act, introduced by the coalition just last May, was unanimously adopted by all parties represented in Bremen’s city parliament in a procedure lasting just seven weeks. It was thought necessary to take the final vote before the summer break so that the Act could enter into force in time for the Medienrat (Media Council) to be appointed in its newly prescribed composition rather than under the previous legal provisions. One of the objectives of the new Media Act is to make the activities of the Bremische Landesmedienanstalt...

According to ProSiebenSat.1, the Landgericht München I (Munich District Court 1) upheld the media group’s complaint against the online video recorder Save.tv in a judgment of 13 August 2012 (case no. 7 O 26557/11). ProSiebenSat.1 had asked for an injunction preventing Save.tv from using its programmes. In the District Court’s view, Save.tv infringed the broadcaster’s rights by using its broadcast signals to record and retransmit ProSiebenSat.1 programmes to its users without permission. The online video recorder was inadmissible because it was not simply used to create private copies, as its operators...

According to the Bundeskartellamt (Federal Cartel Office - BKartA), the Oberlandesgericht Düsseldorf (Düsseldorf Appeal Court - OLG), in a judgment of 8 August 2012, rejected the complaint by RTL and ProSiebenSat.1 against its decision of March 2011 concerning the two broadcasters’ joint online video platform (case no. D 332 VI Kart 4/11[V]). The OLG Düsseldorf therefore confirmed the prohibition imposed by the BKartA and shared the cartel authority’s concerns (see IRIS 2011-5/15). The BKartA had concluded that, in its proposed form, such a platform would further strengthen the two broadcasting...

In its meeting on 26 June 2012, the Commission for Approval and Supervision of the Media Authorities (Kommission für Zulassung und Aufsicht - ZAK) decided that the sports channel “Sport1” has to pay a total amount of EUR 28,000. The reasons for this decision were several deceptions and illusions of the viewers in various editions of the show “Sports Quiz”. In a first step, the ZAK ordered that “Sport1” has to pay EUR 24,000. This amount corresponds to the amount “Sport1” has earned with the inadmissible presentation of sweepstakes in the show “Sport Quiz”. In addition, the ZAK imposed in a second...