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IRIS 1999-3:1/12 [DE] Niedersachsen Higher Administrative Court on Surreptitious Advertising

In a judgement of 15 December 1998 the Niedersachsen Higher Administrative Court ( Oberverwaltungsgericht OVG) dismissed the appeal of the television company RTL Television against a decision of the Land Media Authority of Niedersachsen. The subject of the original dispute was the observation that RTL Television, in broadcasting a programme, had violated the ban on surreptitious advertising. A repeat broadcast of the programme had also been forbidden. The children's programme concerned had been devoted to the "Barbie Doll", which was celebrating its thirtieth birthday. During the programme, phrases...

IRIS 1999-3:1/11 [DE] Hanseatic Court of Appeal Rules on the Re-Publication of Photographs on CD-ROM

In its judgement on 5 November 1998, the Hanseatic Court of Appeal ( Oberlandesgericht - OLG), responding to an appeal by the FreeLens press photographers' association, amended the decision of the Hamburg Regional Court ( Landgericht - LG) of 29 August 1997. The proceedings concerned whether the Spiegel publishing company was entitled to include photographs originally published in the Spiegel news magazine between 1989 and 1993 in annual CD-ROM editions without the specific permission of the photographers concerned. The Hamburg Regional Court had dismissed the original action on the grounds that...

IRIS 1999-3:1/10 [DE] Federal High Court on Entitlement of Broadcasting Companies to a Share of Revenue from Sales of Recording Equipment and Blank Cassettes

In a judgement on 12 November 1998, the First Court of Appeal of the Federal High Court ( BundesgerichtshofBGH), whose field of competence includes copyright law, asked to consider the long-running debate over whether broadcasting companies, as phonogram manufacturers, should be entitled to a share of revenue from sales of recording equipment and blank cassettes, ruled in favour of the broadcasting companies. The West German Broadcasting Corporation ( Westdeutsche Rundfunk - WDR) had asked to sign a copyright protection agreement with the Performing Rights Society ( Gesellschaft zur Verwertung...

IRIS 1999-3:1/9 [DE] Federal High Court on the Admissibility of Electronic Press Archives under Copyright Law

In a judgement on 10 December 1998, the Federal High Court ( Bundesgerichtshof - BGH), overruled a decision of the Düsseldorf Court of Appeal ( Oberlandesgericht - OLG) on the admissibility of electronic press archives and remitted the case to that court. The appellant was the publisher of the " Handelsblatt" newspaper and economic magazine "Wirtschaftswoche" and also operated an economic database. The defendant used these publications as part of her occupation, which was the subject of the action. The defendant received from her customers original copies of these publications and then digitalised...

IRIS 1999-3:1/8 [DE] Federal Constitutional Court Rejects Radio Bremen Appeal

In January this year, the Federal Constitutional Court ( Bundesverfassungsgericht - BVerfG) dismissed a complaint by the public broadcasting company " Radio Bremen" concerning an alleged infringement of the Constitution. The appellant had opposed temporary provisions set out in the Act amending the Radio Bremen Act of 27 October 1998, under which the Board of Directors was to be dismissed. The Board of Directors, of which the Executive Director ( Intendant) was a member under the previous law, was to be dismissed as soon as the Amendment Act came into force. Radio Bremen's complaint was partly...