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In a recently published decision, the Bundesgerichtshof (Federal Supreme Court - BGH) ruled that links to third-party content can breach copyright in some cases. The plaintiff in the procedure concerned operates a website from which street maps can be downloaded. After filling in a search form on the home page, the user is taken to the requested map on a different page. The plaintiff charges a fee for commercial or long-term use of the service. When they visit the home page, private users are given a session ID that is valid for a limited period of time, enabling them to use the service free of...

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...

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...

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...

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...