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IRIS 2009-6:1/12 [DE] Cameraman Entitled to Information from Film Exploiters

In a ruling of 7 May 2009, the Landgericht München I (Munich District Court I - LG) decided that, under copyright law, a cameraman had the right to certain information from film exploiters. The case concerned revenue generated by the film " Das Boot " (made in 1981) since 2002 (case no. 7 O 17694/08). The plaintiff was a cameraman who had helped to make the film and had been paid for doing so. The film became a global success and was exploited repeatedly over a period of years. The plaintiff did not receive a share of the proceeds of this exploitation. In the proceedings, he asked the producer,...

IRIS 2009-5:1/36 An Introduction to Music Rights for Film and Television Production

More often than one might expect, basic issues concerning music rights are unknown territory for producers of music works, film composers and musicians. Reading this IRIS plus is a first step towards understanding the complex legal matter. The article starts by explaining the legal position of the film composer, which comprises the questions of who holds copyrights, for how long and what kind. It thereafter focuses on issues around licensing and remuneration including the role of collecting societies. The article then looks at various aspects of piracy: a major concern for the audiovisual industry....

IRIS 2009-5:1/20 [DE] Mediation Committee Agrees on TKEntschNeuOG

The Vermittlungsausschuss (Mediation Committee - VA) of the Bundestag and Bundesrat (lower and upper houses of parliament respectively) has reached an agreement on the Gesetz zur Neuordnung der Entschädigung von TK-Unternehmen für Dienste im Rahmen der Strafverfolgung (Act on the reform of compensation for telecommunications companies providing assistance with criminal prosecutions - TKEntschNeuOG). The Bundesrat had convened the VA (see IRIS 2009-2: 11) because it thought some of the fixed amounts laid down in the draft Act to compensate telecommunications companies for surveillance measures...

IRIS 2009-5:1/19 [DE] Key Points Adopted for Combating Child Pornography

The Bundesfamilienministerium (Federal Ministry of Family Affairs) is now using legislation as well as a voluntary agreement scheme for Internet Service Providers (ISPs) to combat child pornography on the Internet. The Bundeskabinett (Federal Cabinet) has decided on the key points of a corresponding Act, which could be implemented by summer 2009. By then, ISPs are supposed to be technically capable of blocking child pornography sites. Countries such as Sweden, Finland, Norway, Denmark, Canada, Switzerland and Italy have already introduced such blocks. The aim is to create a legal basis obliging...

IRIS 2009-5:1/18 [DE] Hartplatzhelden e. V. Appeal Rejected

The Oberlandesgericht Stuttgart (Stuttgart Regional Court of Appeal - OLG) has rejected an appeal by Hartplatzhelden e. V., thereby confirming the decision of the Landgericht (regional court), according to which the appellant's private video portal must not show footage of amateur football matches that fall within the responsibility of the Württemberg Football Association (WFV) (see IRIS 2008-7: 9). As the organiser of the amateur matches concerned, the WFV was considered to be the sole owner of the relevant exploitation rights. Hartplatzhelden e. V. was deemed to have violated those rights by...