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The third Act amending the Copyright Act of 23 June 1995 (BGBI. I, p. 842) came into force on 1 July 1995. The Act implements Directive 92/100/EEC of 19 November 1992, on rental and lending rights and on certain rights related to copyright in the field of intellectual property (OJ EC L 346, p. 61), and Council Directive 93/98/EEC of 29 October 1993, harmonising the term of copyright and certain related rights (OJ EC L 290, p. 9). The rights of record and film producers and broadcasters are now protected for a period of 50 years, instead of 25 years, as previously. The new rule protecting the rights...

Media concentration legislation principles were recently considered in a case about satellite broadcasting licences concerning the German sport channel DSF. The Bavarian Administrative Court (Bayerisches Verwaltungsgerichtshof) turned down appeals made by the Bavarian Central Office for New Media (Bayerische Landeszentrale für neue Medien - BLM) and DSF with its ruling of 19 June 1995. In so doing it confirmed the revocation of the DSF licence made at first instance. In the case the Court followed the complaints made by the Berlin Brandenburg Media Authority (Medienanstalt Berlin-Brandenburg ,...

The Federal Court of Germany (Bundesgerichtshof) has endorsed a decision taken by the Regional Court (Landgericht) of Frankfurt on 6 July 1995 in which it stopped an advertisement and brochure campaign by the Italian clothing company Benetton. Three advertising themes were used in the case as a representation of the whole campaign. They portray an oil-soaked duck floating in an oil slick, hard working children in the Third World and unclothed parts of the human body bearing the stamp "H.I.V. Positive". The slogan "United Colors of Benetton" appears in the bottom right-hand corner of each advertisement...

The Federal Constitutional Court's (Bunderverfassunggericht) recent decision to allow radio and television coverage of its giving of reasons for judgments has given public and private television services something they have been asking for a long time. The decision is particularly welcome in view of the fact that the Federal and Land justice ministers unanimously confirmed, in mid-June, the Courts Act's prohibition on the recording or filming of court proceedings for public presentation on radio or television, the aim being to protect the personal rights of parties and ensure that the proceedings...

The Federal Court recently decided that the prohibition of discrimination on grounds of nationality, which is one of the fundamental principles of Community law (Judgment of the Court of the European Communities of 20 October 1993) did not apply to the resale rights (droits de suite) covered by Section 26 of the German Copyright Act. The case was brought by Bild-Kunst, a copyright exploitation company appointed by the widow and heiress of the artist, Joseph Beuys, who died on 23 Jauary 1986, to supervise rights - including resale rights - applying to his work under the Copyright Act. The plaintiff...