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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...

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...

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...

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...

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...