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IRIS 2008-8:1/19 [DE] Contract Between GEMA and Sony/ATV on EU-wide Licensing

On 16 June 2008, the American music publisher Sony/ATV Music Publishing concluded an agreement with the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (Association for Musical Performance and Mechanical Duplication Rights - GEMA), under which the English-language music titles owned by the publisher will be made available for mobile and online use throughout Europe via a single licence. As a result, licensees will no longer have to reach individual agreements with the respective collecting societies in every European country. In accordance with the wishes of the...

IRIS 2008-8:1/18 [DE] 12th Inter-State Broadcasting Agreement Under Discussion

On 12 June 2008, the Minister-Presidents of the Länder discussed and drew provisional conclusions concerning the draft 12. Staatsvertrag zur Änderung rundfunkrechtlicher Staatsverträge (12th Inter-State Agreement Amending Inter-State Broadcasting Agreements - RÄStV). Particular attention was paid to the definition of the remit of public service broadcasting, particularly in the field of new media. This was triggered by the need to implement the compromise reached with the European Commission last year as part of the procedure for monitoring state aid to ARD and ZDF (see IRIS 2007-6: 3). There is...

IRIS 2008-8:1/17 [DE] 11th Inter-State Broadcasting Agreement Adopted

On 12 June 2008, the Minister-Presidents of the Länder held their concluding discussions and signed the 11. Staatsvertrag zur Änderung rundfunkrechtlicher Staatsverträge (11th Inter-State Agreement Amending Inter-State Broadcasting Agreements - RÄStV). The new text mainly serves to incorporate the increase in broadcasting licence fees. It also prolongs the financing structure of the jugendschutz.net institution for a further four years. It is probable that this Inter-State Agreement will no longer include any revised regulations governing the internal income redistribution system within the ARD,...

IRIS 2008-8:1/16 [DE] Kurdish Satellite TV Channel Banned

On 13 June 2008, the Federal Minister for Home Affairs issued a ban on organisations active in Germany, as a result of which a German-based television production company was closed down. The measure was taken in order to prevent the transmission of Kurdish television channel Roj TV in Germany. The broadcaster, licensed in Denmark, is said to be a mouthpiece of the Kurdish Workers’ Party (PKK), which is banned in Germany, and was accused of propagating violence as a means of achieving independence. It had also encouraged viewers to become so-called guerrilla fighters in the armed conflict with Turkey....

IRIS 2008-8:1/15 [DE] VG Berlin Objects to "Promotion" Label for Infomercial

In a ruling of 26 May 2008, the Verwaltungsgericht Berlin (Berlin Administrative Court – VG) rejected an application by the TV broadcaster ProSieben for interim legal protection against an objection lodged by the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg media authority - mabb) concerning an infomercial. At the start of the broadcast on 30 November 2007, the programme was labelled as a " Dauerwerbesendung " (infomercial) and, during the broadcast, as " Q.-Promotion ". The mabb complained that this breached the programme labelling obligation set out in Art. 7 para. 5 of the Rundfunkstaatsvertrag...