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IRIS 2005-3:1/16 [DE] Regional Broadcaster tv.münchen Loses Broadcasting Licence

The Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM) has revoked the licence of the regional broadcaster tv.münchen because it failed to submit an acceptable new long-term business structure before the deadline of 20 January 2005. However, the measure will not take effect until 30 June 2005, in order that a temporary solution might be found, allowing the broadcaster to continue using analogue frequencies. tv.münchen's current business structure, with 60% owned by Thomas Kirch and 40% by the Kanal 1 TV company, has been approved. However, a number of vague statements by...

IRIS 2005-3:1/15 [DE] New Media Law for Rhineland-Palatinate

The Landtag (regional parliament) of Rhineland-Palatinate adopted a new Media Act in January 2005. The Act summarises the rules on broadcasting, the press and media services and replaces the previous regional laws on the press and broadcasting. The main purpose of the new Act is to create a common legal framework for electronic and print media. At the same time, individual sectors of the press and broadcasting are newly regulated and brought into line with European law. The Act does not repeat the substantive provisions already contained in inter-state media agreements, but merely makes a general...

IRIS 2005-3:1/14 [DE] Copyright Tax Rulings

In a judgment of 23 December 2004 (case no. 7 O 18484/03), the Landgericht München I (Munich District Court) decided that PC manufacturers and importers should pay copyright tax on their products. According to Art. 54 of the Urhebergesetz (German Copyright Act - UrhG), authors are entitled to equitable remuneration from the manufacturers of devices (eg copiers) or media (eg blank CDs) that can be used to copy their work. In October 2003, the Verwertungsgesellschaft Wort (Wort copyright collection company - VG Wort) took legal proceedings against a computer manufacturer to secure a fee of EUR 30...

IRIS 2005-3:1/13 [DE] Decision on Cosmetic Surgery Show Restrictions

In a decision of 21 December 2004, the Bayerische Verwaltungsgericht München (Bavarian Administrative Court, Munich - case no. BY/U/1148) ruled on an urgent application from the music broadcaster MTV ("the applicant") against the Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM) concerning broadcast time restrictions on the MTV series " I want a famous face " (see also IRIS 2004-9:9). The proceedings also involved the Freiwillige Selbstkontrolle Fernsehen (Voluntary Self-Regulatory Authority for Television - FSF), to which private TV broadcasters can appeal against a rating...

IRIS 2005-3:1/12 [DE] BGH on Press Information Rights

In a decision of 10 February 2005 (case no. III ZR 294/04), the Bundesgerichtshof (Federal Supreme Court - BGH) explained that the right of the press to information covers legal entities under private law, provided the State exercises significant influence over the entity concerned and uses it to fulfil its public remit. The case concerned a newspaper publisher's right to information concerning a local energy company. Under the niedersächsische Pressegesetz (Lower Saxony Press Act), authorities are obliged to provide members of the press with the information they need to fulfil their public duties....