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IRIS 2012-7:1/11 [DE] Advertising Income may be Confiscated by Media Watchdog under Land Media Act

On 23 May 2012, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG), in a judgment that has not yet been published in full, ruled that the Bundesländer may, in their media legislation, empower the Landesmedienanstalten (Land media authorities - LMA) to confiscate advertising income received by private TV broadcasters in connection with programmes judged to be illegal. The case concerned clips shown in the “Bimmel-Bingo” section of the programme “TV total” broadcast by the TV company ProSieben, in which a camera crew had rung the doorbells of single-family houses unannounced at...

IRIS 2012-6:1/16 [DE] ZAK Bans Gambling Advertising and Complains about Advertising Violation

At its meeting on 24 April 2012, the Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK) decided that the broadcast of advertising for sports betting provider bwin by pay-TV broadcaster Sky breached current law. It banned further broadcasts of all forms of television advertising for bwin and ordered the immediate execution of this measure. Sky had broadcast numerous sponsor references and split-screen advertisements for bwin during the programme “Live Fußball: Bundesliga/Samstags-Konferenz” on 28 January 2012. The Commission deemed that this breached the ban on television...

IRIS 2012-6:1/15 [DE] Hamburg District Court Rules in Dispute between GEMA and YouTube

On 20 April 2012, the Landgericht Hamburg (Hamburg District Court - LG) ruled, in the dispute between the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (society for musical performing and mechanical reproduction rights - GEMA) and the video portal operator YouTube, that YouTube was liable, although only in cases in which it “knowingly breached certain rules of conduct and control obligations”. YouTube was under no general obligation to check all content uploaded onto its portal for copyright infringements, to block such content or to take measures to prevent...

IRIS 2012-5:1/38 [DE] Video on Demand Platform of the German Public Service Broadcasters

According to media reports, on 25 April 2012 several subsidiaries of the television broadcaster Zweites Deutsches Fernsehen (ZDF), various stations of the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (Union of German Public Service Broadcasters - ARD) and a number of television production companies set up the limited company Germany’s Gold GmbH. The corporate objective is the joint establishment and operation of a video-on-demand (VoD) platform, through which digitised content from the past 60 years of German and international film and television...

IRIS 2012-5:1/17 [DE] FRK and RTL Deutschland Agree on Cable Retransmission

The media group RTL Deutschland and the Fachverband für Rundfunkempfangs- und Kabelanlagen (Association for Broadcasting Reception and Cable Equipment - FRK) are reported to have signed a framework agreement on cable retransmission rights at the end of March 2012. The FRK represents the interests of its affiliated companies that manufacture and maintain television aerials and cable equipment. The media group RTL Deutschland had terminated its membership of VG Media in March 2010 in order to look after the copyright and related rights for the retransmission of its programmes in Germany and abroad...