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IRIS 1997-3:1/30 [DE] Berlin Brandenburg Media Authority (MABB) takes Deutsche Telekom AG to court for release of unused cable channels

As the leading cable network operator in Germany, Deutsche Telekom AG has the largest cable network in Europe at its disposal. Extensions to the network mean that there are hyperband channels free which have not been in use for years. For economic reasons, the company prefers to allocate the new cable space to digital TV operators, as relatively high profits are expected in this field. At present DeutscheTelekom AG receives only connection charges from viewers and fees from broadcasting companies for carrying programmes which are below the profit level of digital television. The company's cable...

IRIS 1997-3:1/27 [DE] What are independent third parties? Directors decide

The guideline on broadcasting time for third parties, adopted in January by the Conference of Directors of Regional Media Authorities, amplifies the provisions of paragraph 31 of the National Broadcasting Agreement (Article 1 of the Agreement on Broadcasting between the Federal States in United Germany), as modified by the third Agreement between the Federal States to amend the Agreements on Broadcasting of 26.08. -11.09.1996. The guideline, which is based on Article 33, sentence 1, of the Agreement, is above all intended to clarify the interpretation of Article 31 of the Agreement, which seeks...

IRIS 1997-3:1/24 [DE] Bill to prevent perpetrators from deriving immoral profits from commercial exploitation of their actions in the media

The Free State of Bavaria has submitted a Bill on compensation for crime victims to the Federal Council. The Bill not only aims at improving the procedural position of victims of acts of violence, but also at ensuring that the perpetrators can derive no immoral profits from commercial exploitation of their actions in the media. Fees paid for film treatments or talkshow appearances are now to go, on certain conditions, to the victims. So far, such assets have not usually been available to meet the legitimate civil law claims of victims, although publicising the crime often interferes with their...

IRIS 1997-3:1/11 [DE] Judgment by the Federal High Court on direct satellite transmission and copyright

The Federal High Court ( Bundesgerichtshof - BGH) has found that broadcasting to the public by direct satellite transmission is not a new method of use in the sense of Section 31 IV of the Copyright Act ( Urhebergesetz - UrhG), compared with the usual terrestrial transmission. The complainant, a production company, concluded three broadly similar contracts in the years 1975 to 1977 with the defendant, a broadcasting company, involving the joint production of a television broadcast which was afterwards to be broadcast terrestrially. In 1992 the defendant broadcast the entire series of programmes...

IRIS 1997-2:1/24 [DE] Broadcasting time for "independent third parties"

The entry into force on 1 January 1997 of the Agreement on Broadcasting between the Federal States in United Germany in the form of its third amendment dated 26 August - 11 September 1996 (RfStV) introduces rules in the Federal Republic's broadcasting regulations which use various instruments in order to protect diversity of opinion in private broadcasting ( see also IRIS 1996-8: 12). Included in this complex of standards is a measure to ensure diversity (Section 30, no.1 in conjunction with Section 31 of the RfStV) by allowing broadcasting time to third parties which are independent of the main...