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The purpose of the international tax credit instituted by the 2009 Budget and embodied in Art. 220 quaterdecies of the General Tax Code is to make it easier to shoot and manufacture in France cinematographic and audiovisual works originated by a non-French producer and containing elements that attach it to the culture, heritage or territory of France. Thus the tax credit is granted to a company that carries out the executive production of a work in France, subject to the company being approved by the national cinematographic centre (Centre National de la Cinématographie - CNC). The credit represents...

On 19 September 2011, the Kommission für Jugendmedienschutz der Landesmedienanstalten (Land Media Authorities’ Commission for the Protection of Minors in the Media - KJM) announced the recognition of two new voluntary self-regulatory authorities (see IRIS 2011-7/17). According to the press release, Freiwillige Selbstkontrolle der Filmwirtschaft (Voluntary Self-Regulation of the Film Industry - FSK) and Unterhaltungssoftware Selbstkontrolle (Voluntary Self-Regulation of Entertainment Software - USK) - both of which have, for a long time, been recognised as self-regulatory authorities for the age...

The Federal Government has issued a statement in response to the bill tabled by the Bundesrat (upper house of parliament) amending the Telemediengesetz (Telemedia Act - TMG). The bill, based on a draft text adopted in June 2011 in order to improve data protection on online platforms, was tabled on 3 August 2011 (doc. 17/6765). By means of the bill, the Bundesrat endeavours to increase information obligations for service providers, improve transparency in relation to the gathering, processing and use of personal data, and provide clearer information, particularly for young people, about the “dangers...

On 9 August 2011, the Kommission für Zulassung und Aufsicht der Medienanstalten (Media Licensing and Monitoring Commission - ZAK) filed complaints about several cases of unlawful advertising on the channels Sat.1, Sport 1 and the Turkish-language channels Kanal Avrupa and Türkshow. In the ZAK’s opinion, Sat.1 infringed the rules on the separation of advertising and programme material contained in Article 7(3) of the Rundfunkstaatsvertrag (Interstate Broadcasting Agreement - RStV) by broadcasting its own image trailer directly before commercial breaks. The trailer showed a famous female singer running...

In a ruling of 31 August 2011, the Landgericht Köln (Cologne District Court - LG) rejected an action brought by several manufacturers of audio storage media against an Internet Service Provider (ISP). The plaintiffs wanted to force the ISP to block its customers’ access to a well-known file-sharing platform. In the plaintiffs’ opinion, the ISP was liable under Article 97(1) of the Urheberrechtsgesetz (Copyright Act) because it enabled its customers to infringe their rights. The ISP was both technically and legally able to prevent its customers accessing the file-sharing service concerned by blocking...