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On 31 May 2021, the German Bundestag (lower house of parliament) adopted the federal government bill of 12 February 2021 bringing the copyright law into line with the requirements of the Digital Single Market. The new legislation is designed to implement the Digital Single Market Directive (DSM Directive (EU) 2019/790). The main purpose of the bill is to reform the copyright liability of online platforms. Under its provisions on platform liability and extended collective licences, new legal instruments are introduced in German copyright law. It also amends numerous provisions of the Urheberrechtsgesetz...

In a decision of 18 May 2021 (case No. VI ZR 441/19), the Bundesgerichtshof (Federal Supreme Court – BGH) ruled that the plaintiff was not entitled to an injunction against future broadcasting of scenes from the film “Die Auserwählten” in order to protect his own image rights and dismissed his application. The legal dispute was linked to sexual abuse suffered over a period of several years by the plaintiff, among others, as a pupil at the Odenwaldschule in the 1980s. Since 1998, he had been trying to raise awareness of the abuse through the press and by participating in...

On 20 May 2021, the German Bundestag (lower house of parliament) adopted the Gesetz zur Änderung des Filmförderungsgesetzes (Act amending the Film Support Act, doc. 10/27515). This so-called ‘minor amendment’ is designed to provide further guidance on the collection and use of the film levy and to adapt the Act to current pandemic-driven changes to market conditions. At the same time, it places greater focus on ecological aspects of the film production support mechanism. The Filmförderungsgesetz (Film Support Act – FFG) regulates the financial support provided...

In a decision of 15 April 2021, the Bundesgerichtshof (Federal Supreme Court – BGH) rejected a complaint from Netflix about a court’s refusal to hear its appeal against a lower-instance decision concerning the general terms and conditions of the video-on-demand service and certain advertising practices in Germany. As a result, the previous ruling of the Berliner Kammergericht (Berlin Court of Appeal) of 20 December 2019 (5 U24/19) became final, forcing Netflix, among other things, to amend the clause in its terms and conditions regarding price increases which, at least where its service...

The 14 German Landesmedienanstalten (state media authorities) have jointly drafted further rules to implement the provisions of the new Medienstaatsvertrag (state media treaty – MStV). The boards of the individual media regulators are now gradually approving these rules, clearing the way for them to enter into force. Following the entry into force of an initial series of rules designed to implement the MStV’s provisions on exemption from prior authorisation, advertising and competition (see IRIS 2021-4/12), the latest rules concern, among other things, European productions (Article...