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IRIS 2005-6:1/20 [DE] Ring Tone Adverts Under Scrutiny

According to a programme analysis currently being conducted on behalf of the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Body on programming, advertising and media competence - GSPWM) of the Landesmedienanstalten (regional media authorities), ring tones are the subject of the overwhelming majority of advertisements broadcast by the four music channels in Germany. In some cases, more than 90% of airtime that can be used for advertising is devoted exclusively to this type of product. At its meeting of 16 March 2005, the Joint Body also concluded that two of the broadcasters had,...

IRIS 2005-6:1/19 [DE] Film Support Guidelines in Force

In April 2005, new film support guidelines laid down by the Beauftragte der Bundesregierung für Kultur und Medien (Federal Government's representatives for culture and media) entered into force. The guidelines contain provisions on individual film support measures. For example, they introduce support for screenplay and project development for children's and youth films. The categories for the German Film Prize are also slightly amended, as well as other details concerning the award of the prize. The amendment brings the guidelines into line with the Filmförderungsgesetz (Film Support Act) of 1...

IRIS 2005-6:1/18 [DE] Temporary Injunction against Software for Free TV Stream

On 26 April 2005, a large German pay-TV broadcaster was granted a temporary injunction by the Landgericht Hamburg (Hamburg District Court - LG) against a consumer electronics company, banning it from marketing software which allows the exchange of TV programmes via the Internet. The program works in a similar way to well-known music and video file-swapping systems. TV programmes can be exchanged all over the world with no time delay and viewed either on the computer monitor itself or on a connected TV set. In the court's view, the company may not, for copyright reasons, offer technology that makes...

IRIS 2005-6:1/17 [DE] Ruling on ISP's Information Obligations

In a ruling of 28 April 2005 (case no. 5 U 156/04), the Hanseatische Oberlandesgericht (Hanseatic Appeal Court - OLG) discussed the obligation of Internet Service Providers (ISPs) to provide information to copyright holders. The case concerned a request submitted by a large phonogram manufacturer ("applicant") to an ISP ("respondent") for information concerning a customer's personal details. The respondent's customer runs a so-called FTP server using an IP address allocated by the respondent. The applicant claimed that the server was being used to store digital musical recordings, in which it owned...

IRIS 2005-6:1/16 [DE] Federal Supreme Court on DVD Reproduction Rights

In a ruling of 19 May 2005, the Bundesgerichtshof (Federal Supreme Court - BGH) decided that old feature film marketing contracts cover marketing of DVDs as well as video cassettes. According to Art. 31.4 of the Urhebergesetz (Copyright Act - UrhG), exploitation rights may not be granted for as yet unknown types of use. In old contracts, film manufacturers often granted video reproduction rights. In Germany, storage of films on DVD has only become common since the 1990s. Reproduction on DVD might therefore have been classified as a new type of use, distinct from video. That would have meant that...