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IRIS 2003-4:1/12 [DE] Berlin Court's Emergency Ruling on “Saving Private Ryan”

In the dispute over the possible harm to minors caused by violent scenes in the film "Saving Private Ryan", the Oberverwaltungsgericht Berlin (Berlin Administrative Appeals Court - OVG) has overturned an emergency ruling by the Verwaltungsgericht Berlin (Berlin Administrative Court). The case concerns the granting of special permission to broadcast the film at 8.15 pm. Since the film was rated "16", it would have had to be shown after 10 pm unless such permission were granted. The body responsible for granting special permission is the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg Media...

IRIS 2003-4:1/6 Common Declaration by European Film Institutes

The national film institutes of the 15 Member States of the European Union have made a common declaration on the importance of State aid for European films. This is the first time the film institutes have made a common statement. The national film institutes are publicly funded and were founded to support national and European film culture. In this common declaration the institutes express their concerns regarding the necessity for State aid for European films. The institutes are worried that the audio-visual sector in Europe will be left solely to the chances of free market forces. In the declaration,...

IRIS 2003-3:1/34 European Commission: Aid for Film and TV Production in Schleswig-Holstein and North Rhine-Westphalia Approved

In October 2001 and January 2003, the German Federal Government notified the European Commission of film aid schemes in accordance with Art. 88(3) of the EC Treaty. The schemes provide support for film and TV productions in Schleswig-Holstein and North Rhine-Westphalia through the granting of partially repayable loans and subsidies. The aid is provided through the companies Kulturelle Filmförderung Schleswig-Holstein e.V (KFF) and Filmstiftung NRW , which were founded specifically for this purpose. In both cases, the Commission decided to approve the aid schemes under Art. 87(3)(d) of the EC Treaty....

IRIS 2003-3:1/29 [DE] Decision on Form of Joint Agreement

On 30 January 2003, the Oberlandesgericht München (Munich Court of Appeal - OLG München) published a verdict in a dispute that had been dragging on for years concerning the form of a joint agreement between the Gesellschaft zur Verwertung von Leistungsschutzrechten mbH (Performing Rights Collecting Society - GVL) on the one hand and the Verband Privater Rundfunk und Telekommunikation e.V. (Union of Private Broadcasters and Telecommunications Companies - VPRT) and Arbeitsgemeinschaft Privater Rundfunk (Association of Private Broadcasters - APR) on the other. The GVL is a collecting company which,...

IRIS 2003-3:1/28 [DE] Supreme Court Decision on Transfer of Unknown Exploitation Rights

In a judgement published on 4 February 2003, the Bundesgerichtshof (Federal Supreme Court - BGH) decided that the holders of performance rights also own the rights for forms of exploitation that were still unknown at the time when the relevant contract was concluded. In both cases being heard, performing artists had, in 1972 and 1979 respectively, granted to record companies the right to exploit music recordings "in all possible ways". CDs were not expressly mentioned in either Institute of European Media Law (EMR) Saarbrücken / Brussels contract. In the 1980s, the record companies published recordings...