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IRIS 2007-7:1/11 [DE] Copyright Dispute between Author and Cartoon Figure Artist

On 24 May 2007, the Landgericht München I (Munich District Court I) dismissed an application for temporary legal protection that was filed by the creator of the well-known television and children’s literature figure “Pumuckl” against the artist who draws the cartoon. In a contribution to a television programme concerning a children’s painting competition on the subject of “A friend for Pumuckl”, the respondent (the artist) had said that Pumuckl deserved to have a girlfriend. The competition organiser also promoted this by announcing that the winner could visit the artist’s studio and attend the...

IRIS 2007-6:1/15 [DE] Public Hearing on the Protection of Minors in the Media and Violent Computer Games

On 26 April 2007, the Bundestag Sub-Committee on New Media held an expert hearing on “The protection of minors in the media and violent computer games”. In his introduction, the Director of the Kriminologisches Forschungsinstitut Niedersachsen e.V. (Lower Saxony Criminal Research Institute - KFN) showed a number of violent scenes from computer games and described the aims of these games, all of which were to move up to a higher level in the game hierarchy. He then presented the results of studies that allegedly prove that extremely violent computer games make young people more aggressive. According...

IRIS 2007-6:1/14 [DE] Third Report on Concentration and the Restructuring of the KEK

At the end of March, the Kommission zur Ermittlung der Konzentration im Medienbereich (Commission on Concentration in the Media - KEK) published its third report on concentration under the title “Crossmediale Verflechtungen als Herausforderung für die Konzentrationskontrolle” (“Cross-media links: a challenge to the monitoring of media concentration”). In addition to the development of horizontal concentration in the field of television, the report describes the vertical and diagonal links between operators and other media markets and points to possible changes to be expected in the field of broadcasting,...

IRIS 2007-6:1/13 [DE] LMK Confirms the Existence of Surreptitious Advertising in Sat.1 Easter Show

On 23 April 2007, the Assembly of the Landeszentrale für Medien und Kommunikation (the State Media and Communications Agency - LMK) in Rhineland-Palatinate rejected the appeal of the broadcaster Sat.1 against the objection raised in respect of a violation of the ban on surreptitious advertising. In September 2006, the LMK ruled that Sat.1 had violated the ban on surreptitious advertising with its Easter programme “Jetzt geht’s um die Eier! Die große Promi-Oster-Show”, which was broadcast on 8 April 2006. During the programme, at the centre of which was a cookery competition, advertising banners...

IRIS 2007-6:1/12 [DE] Federal Network Agency Issues Regulatory Orders for Broadcasting Transmission Services

At the end of April 2007, the Bundesnetzagentur (Federal Network Agency - BNetzA), the authority responsible for regulating Germany’s communications networks, issued five regulatory orders for broadcasting transmission services. They lay down the regulatory obligations to be imposed on four cable network operators - Kabel Deutschland Vertrieb und Service GmbH & Co. KG, Kabel Baden-Württemberg GmbH & Co. KG, ish NRW GmbH and iesy Hessen GmbH & Co. KG (the latter two now operate under the Unity Media brand) - and T-Systems Business Services GmbH, as an operator of analogue terrestrial transmitters,...