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IRIS 2003-3:1/16 [DE] Compulsory Digitisation

A new Landesmediengesetz (Regional Media ActThürLMG) for the Thuringia Bundesland entered into force on 14 January 2003. Under the Act, the transition from analogue to digital broadcasting is to be accelerated. According to Article 3.8 of the ThürLMG, only digital terrestrial frequencies will be allocated in Thuringia after 1 January 2004. Analogue frequencies will continue to be available in exceptional cases if, on account of national, regional or local circumstances in the supply area, this is necessary to guarantee sufficient diversity of programming and opinion, or if the broadcaster also...

IRIS 2003-2:1/26 [DE] Copyright Taxes for Data Carriers

In a press release dated 9 January 2003, the Gesellschaft für musikalische Aufführungs- und mechanische Verwertungsrechte (Musical Performance and Mechanical Exploitation Rights Company - GEMA) announced that the collecting societies that form the Zentralstelle für Überspielrechte (Central Office for Reproduction RightsZPÜ) had reached an agreement with the Informationskreis AufnahmeMedien (Recording Media Information Institute of European Media Law (EMR), Saarbrücken / Brussels Unit - IM) concerning copyright taxes for DVDs. The agreement covers blank DVD-R/RW, DVD+R/RW and DVD-RAM disks and stipulates...

IRIS 2003-2:1/21 [DE] New Guidelines on Screenplay Grants

At the end of 2002, the Federal Government representative for culture and the media issued a new set of guidelines on screenplay grants in Germany. The most significant change compared to the previous guidelines is that screenplay authors themselves are now entitled to apply for a grant. Previously, authors could only submit applications jointly with a film producer. Basic grants of up to EUR 15,000 are available for the initial production of a draft film script, with a further EUR 15,000 (or in special cases up to EUR 3-5,000) avaiInstitute of European Media Law (EMR), Saarbrücken / Brussels...

IRIS 2003-2:1/9 [DE] Digital Cable Transmission Needs Broadcaster's Consent

At the end of 2002, the Oberlandesgericht Dresden (Dresden Appeals Court) ruled on a dispute between cable network operator PrimaCom and TV broadcaster ProSieben. The Court upheld all aspects of the broadcaster's claim that PrimaCom should be prohibited from feeding the programmes of private broadcaster ProSieben into its Leipzig cable network and transmitting them only digitally without the broadcaster's consent. In September 2000, PrimaCom (which operates a broadband cable network in Leipzig) decided to carry ProSieben's programmes only as part of a digital pay-TV package. ProSieben could therefore...

IRIS 2003-1:1/30 [DE] Telekom Grants Exclusive Marketing Rights to Level 4 Operators

Press releases issued at the end of September by various level 4 network operators reported that Kabel Deutschland GmbH (KDG), a 100% subsidiary of Deutsche Telekom AG, had agreed to grant network operators exclusive marketing rights covering digital television. As part of the anticipated co-operation between KDG and the members of the union of private cable network operators (ANGA) and Deutsche Netzmarketing (DNMG), direct contact with customers shall in future only be made by the level 4 operators, unless the latter expressly agree to allow KDG to carry out such marketing.