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IRIS 2004-5:1/8 [DE] TV Programme Did Not Breach Legal Advice Act

In a decision of 15 January 2004, the Bundesverfassungsgericht (Federal Constitutional Court) quashed the rulings of the lower instance courts condemning private TV broadcaster RTL for giving unauthorised legal advice. The case concerned a dispute involving RTL plus Deutschland Fernsehen GmbH & Co. KG and the transmission of several episodes of the programme " Wie bitte ". In one report, an argument between a haulage firm and the firm M. was discussed, concerning, inter alia, invoices for a telephone connection and the use of a so-called Twincard. RTL's production company wrote to firm M., asking...

IRIS 2004-4:1/17 [DE] No Right to Music Broadcasts

On 15 December 2003, the Bundesverfassungsgericht (Federal Constitutional Court) dismissed a complaint concerning the transmission of music by public service broadcasters. The plaintiff, a musician, had already failed in proceedings before the Verwaltungsgericht Köln (Cologne Administrative Court) and Oberverwaltungsgericht Köln (Cologne Administrative Court of Appeal) in her request that a public service broadcaster should be obliged to play her music (see IRIS 2004­2: 8). The plaintiff had, on her own initiative, sent the broadcaster pieces of music which she had recorded and now wanted to force...

IRIS 2004-4:1/16 [DE] Licence Fees for Live Horse Racing Broadcasts

On 10 February 2004, the Bundesgerichtshof (Federal Supreme Court - BGH) quashed a decision of the Oberlandesgericht Düsseldorf (Düsseldorf Regional Appeal Court - OLG Düsseldorf) and referred the matter back to the OLG. The proceedings concerned the following facts: more than 20 bookmakers had lodged a complaint against the provider of live audiovisual transmissions. The defendant had acquired from the German horse racing associations exclusive rights to commercially exploit audiovisual transmissions of horse races organised in Germany. The dispute concerned the extent of the fees which the plaintiffs...

IRIS 2004-4:1/15 [DE] Unauthorised Production of Audio CDs for Foreign Customers Punishable Under German Copyright Law

In its judgment of 3 March 2004, the Bundesgerichtshof (Federal Supreme Court - BGH) ruled that the manager of a company that burns CDs is punishable under German copyright law if he participates in the unauthorised manufacture and exportation of audio CDs for a foreign customer. The proceedings concerned a judgment by the Landgericht Frankfurt (Frankfurt District Court), sentencing the manager of a German limited company to 15 months in prison with probation for violating Section 85 of the Gesetz über das Urheberrecht und verwandte Schutzrechte (Act on Copyright and Related Rights - UrhG). On...

IRIS 2004-3:1/15 [DE] "Judas-Game" Title Prohibited

On 5 February 2004, the Bayerische Landeszentrale für neue Medien (Bavarian New Media Authority - BLM), the responsible regional media authority, prohibited the TV broadcaster Kabel 1 from broadcasting its "Judas Game" show under that name. Its decision was based on the belief that the programme title was likely to offend against religious sentiments and stir up anti-Semitic feelings. In the past, especially during the Nazi era, the name "Judas" had been synonymous not only with a liar and traitor, but also with the image of the Jewish people. The broadcaster Kabel 1 subsequently renamed the game...