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IRIS 2000-1:1/31 [DE] Comic Translations Protected by Copyright Law

In a judgement of 15 September 1999, the 1st Chamber of the Federal Supreme Court (BundesgerichtshofBGH) ruled that translations of dialogue in comics are protected by copyright law as original pieces of work. The Court therefore upheld the complaint of a translator who, on behalf of a publishing company, translated seventy volumes of Walt Disney comic Lustige Taschenbücher from Italian into German between 1976 and 1994. The reason for her complaint was the fact that the publishing company had reprinted the works translated by the applicant up to twelve times without her express agreement. Moreover,...

IRIS 2000-1:1/30 [DE] Federal Supreme Court Increases Protection of Posthumous Personality Rights in Advertising

In two judgements of 1 December 1999, the Federal Supreme Court (Bundesgerichtshof - BGH) decided to award the heirs of deceased prominent figures the right to an injunction and, for the first time, compensation for unauthorised commercial use of images of the deceased. In the first case, the producer of the musical "Marlene" had allowed a car manufacturer to bring out a "Marlene" model and had given permission for a cosmetics producer to advertise the so-called "Marlene-Look" using a portrait of Marlene Dietrich. He also arranged the production and sale of merchandise bearing a picture of Marlene...

IRIS 2000-1:1/23 [DE] Video Industry and Federal Film Support Authority Reach Settlement

A year-long dispute between the Federal Film Support Institute (Filmförderungsanstalt - FFA) on the one hand and the Federal Video Association (Bundesverband Video - BVV) and the Association of German Video and Media Retailers (Interessensverband des Video- und Medienfachhandels in Deutschland - IVD) on the other, concerning the outstanding payment of video levies, has been settled out of court. The case, brought before the Federal Constitutional Court (Bundesverfassungsgericht) and several Administrative Courts, concerned the obligation of video manufacturers, under § 66a of the Film Support...

IRIS 2000-1:1/17 [DE] Hamburg Appeal Court Refuses to Grant Injunction Against TV Investigation

In a decision of 12 October 1999, the Hamburg Court of Appeal (Oberlandesgericht - OLG) ruled that, during the investigative stages of a television programme, there could be no justification for an injunction against the subsequent broadcast of the material gathered. The applicant wanted to prevent the defendant from broadcasting pictures of his house and interviews with tenants. However, the Court decided that the film in question was raw material which needed to be processed by the programme editor. It was still unclear whether and to what extent the aforementioned pictures would be used in...

IRIS 2000-1:1/16 [DE] Legality of Cable Allocation Monopoly Confirmed

In a ruling of 14 September 1999, the Bremen Higher Administrative Court (Oberverwaltungsgericht - OVG) upheld the regulations and practice of cable allocation in the Bremen Bundesland. At the end of 1997, the Bremen Land Media Authority (Landesmedienanstalt), in accordance with the Bremen Land Media Act (Bremisches LandesmediengesetzBremLMG) had approved a cable allocation system which set out, in order of preference, all channels which were to be included in the cable network. Such a system is only implemented if the available cable capacity is insufficient to accommodate all channels requiring...