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IRIS 2020-3:1/4 Prominent politician partially successful in dispute over social network insults

Following an appeal by a politician and on the basis of her new submissions in the appeal proceedings and the court’s additional findings, the Landgericht Berlin (Berlin District Court), in a new ruling of 21 January 2020, partly amended its original decision of 9 September 2019 (see IRIS 2019-10:1/11) on the politician’s claim against the Facebook social media platform for the publication of user data. In its original decision, the Landgericht Berlin had rejected the well-known German politician’s request for information about users who had insulted her on the grounds that the...

IRIS 2020-2:1/22 Netflix series Skylines does not infringe personality rights

In a ruling of 21 November 2019, the Oberlandesgericht Frankfurt am Main (Frankfurt am Main Regional Appeal Court) decided that the broadcasting of the series ‘Skylines’ was protected by artistic freedom. The series, which is produced in Germany, did not infringe the individual or corporate personality rights of the owner of a real-life music label called ‘Skyline Records’. The artistic depiction of the main characters’ lives and the company’s business activities was deemed to be sufficiently removed from reality. The Netflix streaming service launched the...

IRIS 2020-2:1/23 No copyright protection for famous Loriot film quote

The iconic phrase ‘Früher war mehr Lametta’, coined by German comedian Loriot, is not protected under copyright according to a recently published decision of the Landgericht München (Munich Regional Court – LG) of 18 July 2019, which was upheld by the Oberlandesgericht München (Munich Regional Appeal Court – OLG) on 14 August 2019. The heirs of the artist Bernhard-Viktor Christoph-Carl von Bülow, known by the pseudonym Loriot, who died in 2011, had applied for interim legal protection to prevent the sale of T-shirts and other products with the quote...

IRIS 2020-2:1/24 Bundesländer adopt Inter-State Media Agreement with new rules for digital platforms

On 5 December 2019, the Ministerpräsidentenkonferenz (Conference of Minister-Presidents) of the Bundesländer agreed a draft inter-state agreement to modernise media regulation in Germany, where media legislation is the responsibility of the Bundesländer. The new regulations are designed to ensure that the legislative framework takes into account media digitalisation, in particular platforms and streaming services, and replace the Inter-State Broadcasting Agreement. The new agreement puts Germany in a pioneering role in terms of the implementation of the EU Audiovisual Media Services...

IRIS 2020-2:1/25 KJM approves new Internet age verification method

The Kommission für Jugendmedienschutz (Committee for the protection of minors in the media – KJM) has adopted a revised version of its criteria for evaluating age verification systems. The KJM is an organ of the German regional media authorities and comprises experts from national government and the Länder. It is Germany’s central supervisory body for the protection of minors in private broadcasting and on the Internet.  According to Article 4(2) of the Jugendmedienschutzstaatsvertrag (Inter-State Agreement on the protection of minors in the media – JMStV), content...