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On 11 February 2011, representatives of Germany, Austria and Switzerland signed an agreement to step up economic and cultural cooperation in the film industry. The trilateral film agreement creates a legal framework for cooperation between producers from the three signatory States. It promotes the bi- or trilateral co-production of cinematographic works (Art. 1). Such co-productions will be categorised as national films and therefore be eligible to receive national funding (Art. 2(1) and (2)). A further condition is that the financial, artistic or technical contribution of each producer must represent...

In a judgment of 10 February 2011, the Oberlandesgericht München (Munich Appeals Court - OLG) rejected a claim under copyright law for additional remuneration and naming of the author. The plaintiff wrote the opening credits of the television series “Tatort”. The defendants are two public service broadcasters affiliated to the ARD. The “Tatort” series is very popular and has been broadcast for over 40 years. The same opening credits have been used ever since it was first broadcast. In the proceedings, the plaintiff argued that this unusually long-term use of the work she had created was highly...

The Bundeskartellamt (Federal Cartels Office - BKartA) has expressed concern to the television provider ProSiebenSat.1 Media AG and the RTL Deutschland media group in a provisional assessment of their plans to create a joint online video platform. Following the example of the US video portal “Hulu”, the two companies have, for some time, been developing a business model for digital audiovisual content on the Internet, in order to take into account the changes in consumer behaviour and the increasing convergence of television and the Internet. The initiators of the portal, which is funded by advertising...

In a ruling of 26 January 2011, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) confirmed the rejection of a complaint by a telecommunications company against a frequency relocation procedure conducted by the Bundesnetzagentur (Federal Network Agency - BNetzA). In frequency relocation procedures, particular frequencies are directly allocated to one or more providers. This case concerned allocations in the 900 MHz band, which were previously reserved for military use, to the providers O2 and E-Plus. In return, these providers were required to relinquish other frequencies in...

On 23 February 2011, the Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) ruled that the obligation to pay film contributions is compatible with the German Constitution and therefore rejected complaints by several cinema operators. According to the Filmförderungsgesetz (Film Support Act - Art. 66 et seq. FFG), cinema operators, video companies and television providers are obliged to pay film contributions to the Filmförderungsanstalt (Film Support Office - FFA). However, under the version of the FFG that was valid until July 2010, while cinema operators and video companies had to...