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IRIS 2010-10:1/26 [DE] Study Finds Planned Broadcasting Licence Fee Complies with Data Protection Rules

A study commissioned by ARD and ZDF has concluded that the planned licence fee to fund public service broadcasting is compatible with the constitutional rules on data protection (see IRIS 2010-6/21). The report, published on 20 September 2010, primarily examines the extent to which data concerning members of the public contained on population registers can be communicated to the Gebühreneinzugszentrale (licence fee collecting agency - GEZ) for public service broadcasters. It also investigates the information obligations of individuals who owe the licence fee and broadcasters’ right to obtain information...

IRIS 2010-10:1/25 [DE] ZDF and Producers’ Alliance Agree Cooperation Guidelines

In September 2010, Zweites Deutsches Fernsehen (ZDF) and the Allianz Deutscher Produzenten Film & Fernsehen e. V. (alliance of German film and television producers) agreed a set of guidelines for cooperation in relation to commissioned television productions. The aim of these guidelines is to bring the rules on cooperation between the parties into line with the digital age, taking into account the distribution of exploitation rights set out in the protocol to the 12. Rundfunkänderungsstaatsvertrag (12th Inter-State Broadcasting Agreement). The agreement applies to fully-financed commissioned ZDF...

IRIS 2010-10:1/24 [DE] BMWi Tables Draft New Telecoms Act

On 23 September 2010, the Bundesministerium für Wirtschaft und Technologie (Federal Ministry of Economics and Technology - BMWi) submitted the draft amendment to the Telekommunikationsgesetz (Telecommunications Act - TKG) to the other government departments for approval. This represents the first step in the transposition of the Directive amending the European telecommunications legal framework, which must be completed by next May (see IRIS 2010-1: 1/7). The draft in particular contains important changes to competition rules and consumer protection. With its proposed regulatory principles, the...

IRIS 2010-10:1/23 [DE] OVG Saarlouis Upholds Appeal against VG Saarland Ruling

The Oberverwaltungsgericht Saarlouis (Saarlouis Higher Administrative Court - OVG) has upheld an appeal by the mayor of Saarbrücken against a decision of the Verwaltungsgericht Saarland (Saarland Administrative Court - VG), with the proviso that the mayor, in accordance with the OVG’s interpretation of the law, should issue a new decision concerning the disputed application of the private broadcaster Funkhaus Saar GmbH. Funkhaus Saar GmbH had asked for permission to film the mayor’s public meetings for television reporting purposes. After the mayor had refused to permit such filming, the broadcaster...

IRIS 2010-10:1/22 [DE] Court Orders YouTube to Block Individual Music Videos

On 3 September 2010, the Landgericht Hamburg (Hamburg district court - LG) ordered the YouTube video portal to block access to three disputed music videos and, since they had already been published, to provide information about the extent to which they had been used and pay a corresponding amount of compensation. The producer of the pieces of music had complained that his copyright and related rights, protected by the Urheberrechtsgesetz (Copyright Act - UrhG), had been infringed by the unauthorised use of the music in numerous videos available on YouTube. The LG Hamburg only took a decision on...