Search results : 1375

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...

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...

According to an initial analysis by the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Programme, Advertising and Media Office) of the Landesmedienanstalten (regional media authorities), so-called split-screen advertising on TV does not breach media legislation. Split-screen advertising is when the programme itself and advertisements are broadcast at the same time. According to Article 7.4 of the Rundfunkstaatsvertrag (Inter-State Agreement on Broadcasting), advertising must be clearly separated from other programme items by optical means and must be announced as such. This assessment...

On 29 January 2004, the Deutsche Presserat (German Press Council) published its first activity report on the theme of "editorial data protection". The German Press Council is a self-regulatory body for the printed press. Under the amendment to the Bundesdatenschutzgesetz (Federal Data Protection Act - BDSG), which entered into force on 1 June 2001, it is responsible for monitoring the implementation of voluntary data protection guidelines related to the gathering, processing and use of personal data in the media The legal basis set out in Art. 41.1 BDSG is aimed at reconciling the protection of...

In February, all the parties in the Bundestag (Parliament) agreed on a common Bill that makes unauthorised and secret filming a punishable offence. In a corresponding amendment of the Strafgesetzbuch (Criminal Code - StGB), the protection of privacy will be increased as the existing ban on sound recordings is replaced with the new rule. Anybody who, without permission, takes or transmits pictures of another person in their home or places that are not directly visible to the public, will be liable to punishment. Such actions will be deemed to be unauthorised unless the person pictured has given...