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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...

IRIS 1997-2:1/18 [DE] Bill on Information and Communication Services in legislative procedure

A decision of 11 December 1996 by the Federal Cabinet has sent a Bill regulating the framework conditions for information and communication services (IuKDG) on to the Federal Council for its opinion. As reported in IRIS 1996-6:5 and IRIS 1996-8 :5, the proposed legislation takes the form of a number of framework regulations and is intended, in conjunction with the National Media Services Agreement to be elaborated by the Länder , to lay down the legal framework for the multimedia field. The draft being submitted now to the Federal Council is only slightly different from the original November 1996...