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On 15 September the District Court of Hannover imposed a fine of EUR 10,000 on an Internet page provider. A photographer from Hannover had shown photos of minors striking unnatural and sexually suggestive poses on pages that he managed, some to which access was free and others which required payment. The Media Institute for Lower Saxony (NLM) had, on account of the violation of the Youth Media Protection State Agreement, imposed fines in November 2005 and June 2006 in this case, which the party concerned subsequently challenged in court. The District Court has now confirmed the legal view of the...

On the recommendation of its legal committee, the Bundesrat (Upper House of the German Parliament), during its plenary session on 22 September 2006, did not propose to summon a meeting of a mediation committee in accordance with Art. 77 Abs. 2 GG of the fifth law on the amendment of the copyright law (publication 811/06). The bill introduced into Parliament by the government and approved on 29 June 2006 in slightly amended form is accordingly passed into law. The law serves to transpose Directive 2001/84/EC of the European Parliament and Council dated 27 September 2001 on the resale right of the...

With the planned change to the law on private broadcasting as well as to the law on Hessian broadcasting, the regional government is striving, as it has explained, to modernise the legal framework regarding electronic media. Changes to the allocation of radio and television frequencies should lead in future to these being organised as economically as possible. Changes are also planned to the provisions referring to utilisation of analogue and digital cable facilities. The proposals submitted in a first draft for hearing were however received by the Association of Private Broadcasting and Telecommunications...

The Hamburg Institute for New Media (HAM) has objected to some jingle-based advertisements shown on the MTV 2 Pop programme. By broadcasting twelve jingle-based adverts on this programme between 6 am and 8 pm MTV Networks violated Youth Protection provisions. What is objectionable, according to the decision of the HAM, is that the broadcast adverts encouraged children and young people to make a purchase, such encouragement exploiting their lack of experience and gullibility. In accordance with § 6 paragraph 2 of the Youth Media Protection State Agreement (JMStV), advertising may not contain any...

With the Munich 1 District Court’s ruling of 13^th September 2006, Bavarian broadcasting as well as the production company Infafilm Gmbh have been banned from making use of the cartoon figure Pumuckl without the express admission of the rights of its creator. Indeed the creator of Pumuckl had in 1978 granted the right to the production company of using the figure for the creation of a television series of 30-minute long episodes. In following productions however, such as the first feature film or the use of the figure on the Internet and on corporate stationery, the court established...