Search results : 1348

According to media reports, the Oberlandesgericht München (Munich Appeals Court - OLG) has upheld the claim of a cameraman who worked on the film "Das Boot" to a reasonable additional share in the revenue generated through exploitation of the film, thereby confirming the ruling of the Landgericht München I (Munich District Court I). Agreeing with the lower instance court (see IRIS 2009-6: 8/12), the OLG found a "noticeable disproportion" in the sense of Article 32a of the Urheberrechtsgesetz (Copyright Act) between the remuneration paid to the cameraman when the film was produced in 1981 and the...

In a decision of 27 August 2010 (case no. 310 O 197/10), the Landgericht Hamburg (Hamburg District Court - LG) rejected an application by the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (society for musical performing and mechanical reproduction rights - GEMA) and other collecting societies for a temporary injunction against YouTube. The legal dispute concerned videos uploaded by users onto the YouTube portal, containing pieces of music to which the applicants held the rights but for the use of which YouTube paid no compensation. A licensing agreement between...

In a decision of 3 August 2010, the Amtsgericht Wuppertal (Wuppertal District Court - AG) refused to open the main proceedings in a case concerning the unauthorised use of an unencrypted wireless network on the grounds of insufficient suspicion. On two days in August 2008, the defendant had logged onto a third-party (unencrypted) wireless network without permission and without paying a fee. In the AG's opinion, this did not constitute either the offence of unauthorised tapping under Article 89(1)(1) of the Telekommunikationsgesetz (Telecommunications Act - TKG) or unauthorised retrieval or acquisition...

According to a press release issued by the online video recording service Save.TV, on 28 July 2010 the Landgericht München (Munich District Court - LG), at the request of television broadcaster RTL, granted a temporary injunction against one of its service companies, obliging it to cease providing technical support so that the RTL channel could no longer be recorded. The reasons for the court's decision were not reported. The unnamed technical service company is reported to have announced immediately that it would take legal action against the temporary injunction. The injunction clearly represents...

On 19 July 2010, the Kommission für Jugendmedienschutz (Commission for the Protection of Young People in the Media - KJM) and satellite provider ASTRA announced the conclusion of an agreement, under which ASTRA promised, on a voluntary basis, not to sign any more contracts with foreign providers of free-to-air erotic content for an indefinite period, and to phase out all existing contracts by the end of 2011. Aware of its responsibility as a service provider to protect young people, ASTRA also declared its willingness to refer proactively in line with its cooperation with the KJM at various events. This...