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IRIS 1995-6:1/19 [DE] Interpretation of the Concept of Broadcasting in Proceedings Concerning the 'Montior-Journal'

The Administrative Court of the Saarland recently had to decide whether teletext-type pictures and graphics shown on silent endless loop by the "Monitor-Journal" via monitors installed on commercial premises, e.g. near department store cash points, should be classified as broadcasting. The material shown comprises news, advertisements, miscellaneous items and information supplied by client firms. It is put together at the Journal's office and fed via telephone into the client's computer. Material which the client wants included must be supplied to the Journal prior to transfer. Showing begins when...

IRIS 1995-6:1/18 [DE] Judgment of the Federal Court of 23 February 1995 on the Sale of Painted Sections of the Berlin Wall

In a judgment given on 23 February 1995, the First Chamber of the Federal Court ruled that artists were entitled to receive a fair share of the proceeds from the sale of sections of the Berlin Wall which they had painted. The case was brought by artists who had painted extensive sections of the Berlin Wall between 1985 and 1988. At the end of 1989, when the internal border in Berlin was abolished, these painted concrete sections were cut up and later offered for sale at an auction organised by the defendants, among others, in Monte Carlo in June 1990. Among other things, the Court ruled that:...

IRIS 1995-5:1/22 [DE] Proposed Creation of an Independent Media Assessment Body

The Schleswig-Holstein regional government has suggested that the Federal states (the Länder) Stiftung Medientest). This body will set out jointly set up an Independent Media Assessment Body ( to study and analyse the wide range of programmes on offer and thus give guidance to television viewers faced with an ever increasing programme choice. The idea is that the results of these studies be made available to television viewers in the form of a television magazine. This magazine will contain assessments and advice about programmes according to quality criteria. To be true to its mission, the magazine...

IRIS 1995-5:1/12 [DE] New Regulations Governing the Right to Apply for Review in the Voluntary Television Review Body e.V.(FSF)

IRIS 1995-3:7 contained reports about an initiative by the Voluntary Television Review Body (FSF) to promote the protection of minors in German television. The new regulations governing the right to apply for review have been brought in following changes made in the statutes of the Review Body ( see article 2 paragraph 6a section 3 of the statutes of the Voluntary Review Body). Until now, only broadcasters, the media authorities of the Länder and the Board of trustees of the Review Body were authorised to make these applications. Now, those selling programme licences can also make an application...

IRIS 1995-5:1/11 [DE] Ruling by the Higher Administrative Court (OVG) in Berlin on Whether It Was Possible to Levy a Film Tax on Takings in Video Hire Shops

On 17 January 1995 the OVG in Berlin turned down an appeal made by a video rental shop owner against the levy of a film tax on him by the Berlin film support institution ( Filmförderungsanstalt). The court found the appeal to be unfounded. The ruling against the petitioner, thus forcing him to pay a film tax on the takings in both his rental shops, was based on article 66a of the German Act on film support ( Filmförderungsgesetz - FFG) of 18 November 1986. The court considered that conditions under constitutional law which allow the levying of special taxes on the video business for film support,...