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In a recently published decision, the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) quashed a ruling of the Bundesgerichtshof (Federal Supreme Court - BGH) concerning the so-called appliance tax for printers and plotters and referred the case back to the BGH. The related procedure concerned whether printers and plotters constitute duplication machines, which are subject to the tax, under Article 54a(1) of the old version of the Urheberrechtsgesetz (Copyright Act - UrhG), which was valid until 31 December 2007. The VG Wort (Wort collecting society), which collects copyright fees...

In a recently announced decision, the Bundesgerichtshof (Federal Supreme Court - BGH) decided that Article 87(4) of the Urheberrechtsgesetz (Copyright Act - UrhG), which prevents broadcasting companies from receiving a share of the appliance and phonogram tax provided for in Article 54(1) UrhG, does not represent a serious breach of Article 5(2)(b) of Directive 2001/29/EC and cannot therefore justify a claim against a state under EU law. In the case concerned, the plaintiff, VG Media (collecting society for copyright and related rights of media companies) demanded compensation from the Federal...

The Bundesnetzagentur (Federal Network Agency - BNetzA) announced on 3 September 2010 that it had sent a draft market definition, market analysis and regulatory measures concerning the wholesale market for broadcasting transmission services to the European Commission for comment. In the proposal, the Agency, which is responsible, inter alia, for regulating national telecommunications markets in Germany, suggests that the signal delivery and input markets for cable networks should be removed from sector-specific regulation and placed under the general competition supervision carried out by the Bundeskartellamt...

On 25 August 2010, the Federal Government adopted the bill strengthening the freedom of the press in criminal law and criminal procedure law (PrStG). The bill is based on a draft tabled by the Bundesministerium der Justiz (Federal Ministry of Justice - BMJ) on 4 April 2010 (see IRIS 2010-6: 1/20). The bill will strengthen the freedom of the press by offering better protection to journalists and their sources, in order to ensure that the media can fulfil their oversight function vis-à-vis State activities. In the sense of the provisions, journalists are "people who, in a professional capacity, participate...

At the end of August 2010, the Filmförderung Hamburg Schleswig-Holstein (Hamburg Schleswig-Holstein film support office - FFHSH) launched a special programme for the promotion of cinema digitisation. Help is available for commercial art cinemas in Hamburg with a maximum of six screens and a high-quality film programme, which can apply for support for the refitting of up to three screens per calendar year. The funds can be used to purchase and install the necessary equipment and projection technology and take the form of an investment subsidy of up to 25% of the costs, with an upper limit of EUR...