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In autumn 2001, the German Federal Government notified the European Commission of two film aid schemes in accordance with Art. 88(3) of the EC Treaty. The schemes provide support for film and TV productions in Hamburg and Baden-Württemberg through the granting of partially repayable loans and subsidies. The aid is provided through the companies FilmFörderung Hamburg GmbH (FFH) and Medien und Filmgesellschaft Baden Württemberg mbH (MFG) , 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. The...

In a ruling of 23 October 2001, the Oberlandesgericht Düsseldorf (Düsseldorf Regional Court of Appeal - OLG) upheld a complaint concerning the sale by the broadcaster of video recordings of programmes produced by third parties. The defendant provides a TV recording service in co-operation with public-service broadcasters, selling video recordings of programmes broadcast on their channels. The plaintiff also sells video cassettes of programmes, having bought from two production companies the "exclusive video rights" to their particular productions. The OLG granted the injunction sought by the plaintiff....

On 14 November 2001, the Minister of State and Federal Government Commissioner for Cultural and Media Affairs presented a new film policy. He intends to reform film production aid and to ensure that German films are classified as cultural assets. This should help German films to attain a bigger market share in Germany and Europe and ensure that more German films are featured at international festivals. The main points of the proposed policy can be divided into five sections. Incentives for the economic success of film productions (section 1), the legal framework for artistic creativity (section...

On 24 October, the Federal Government adopted the Verordnung über die technische und organisatorische Umsetzung von Maßnahmen zur Überwachung der Telekommunikation (Decree on the technical and organisational transposition of measures to monitor telecommunications - TKÜV) (see IRIS 2001-9: 15). The TKÜV supplements existing legal provisions under which the secrecy of telecommunications, protected by the German Constitution, may be breached. It lays down the technical and organisational precautions that must be taken by operators of telecommunications systems, including so-called public telecommunications...

On 24 October, the Federal Government adopted a new Verordnung zur elektronischen Signatur (Electronic Signature Decree), which replaces the Decree in force since 1997. The new Decree deals in more detail with the provisions of the Signaturgesetz (Electronic Signature Act), which entered into force on 22 May 2001. It deals in particular with the obligation for certification service providers to report on their activities and the need for voluntary accreditation of such bodies. It also regulates the content, standards and duration of validity of such certificates, the precautions taken by certification...