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On 12 March 2010, the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), the German collecting society for authors and music publishers, decided to adopt a new version of its membership agreement relating to the use of musical works for advertising purposes. When music is used for advertising purposes, rights management is to be exercised separately by the member and GEMA. According to the amended version of section 1(k)(1) of the membership agreement the “right to allow third parties to use a musical work [...] for advertising purposes in an individual case...

The Rhineland-Palatinate Prime Minister Kurt Beck is planning to file an application with the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) to check the constitutionality of the ZDF-Staatsvertrag (ZDF State Treaty). Beck announced his intention to file his application after the Land Prime Ministers’ failure to agree on a reform of the ZDF State Treaty at their Berlin conference on 25 March 2010. The background to this is the refusal in November 2009 by the ZDF Board, which is dominated by the German conservatives (CDU/CSU) to renew the contract of the former ZDF editor-in-chief...

In a position paper of 19 March 2010, the Bundesministerium für Wirtschaft und Technologie (Federal Ministry for the Economy and Technology - BMWi) set out its proposals for transposing the new EU package of directives on electronic communication (see IRIS 2010-1/7) into national law. The structure of the document is based on the two directives “Better Regulation” (2009/140/EC) and “Citizens’ Rights” (2009/136/EC) amending the EU’s legal framework for electronic communication. It contains, inter alia, new rules for expanding the broadband networks in accordance with the rules on competition and...

The Gesamtkonferenz der Landesmedienanstalten (General Conference of Regional Media Authorities) has given practical form to the provisions of the 13th Rundfunkänderungsstaatsvertrag (Inter-State Agreement Amending Inter-State Broadcasting Agreements - RÄStV, see IRIS 2010-1/16) on product placements (PPs) in broadcasts by private television stations. The guidelines, which will have to be adopted by the Regional Media Authorities, distinguish between paid and unpaid PPs (production props), which are permitted in certain circumstances. Surreptitious advertising continues to be prohibited. Paid PPs...

The Prime Ministers of the German Länder agreed at their conference in Berlin on 25 March 2010 on a draft amendment to the Jugendmedienschutzstaatsvertrag (Inter-State Treaty on the Protection of Minors in the Media - JMStV). The draft of the new treaty is based on the principle of regulated self-regulation or co-regulation. For example, it enables providers, inter alia, to rate their offerings according to the age groups (0, 6, 12, 16 and 18) mentioned in the Jugendschutzgesetz (Youth Protection Act - JuSchG) on the basis of their own assessment and/or confirmation or an assessment by the Anerkannte...