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The new Eckpunktevereinbarung 2.0 (“Framework Agreement 2.0”) between the regional broadcasters forming the ARD network and the Allianz Deutscher Produzenten - Film & Fernsehen (Alliance of German Producers - Film & Television, or Producers’ Alliance) concerns balanced contract terms and conditions and the fair distribution of exploitation rights between the public service broadcaster and TV programme producers. In this agreement, which came into force on 1 January 2016, the ARD has undertaken to adhere to certain terms and conditions with regard to television productions it has commissioned in...

The use of parts of an exclusive TV interview by another TV station can be covered by the right to quote enshrined in section 51 of the Urhebergesetz (Copyright Act). In this case, it is sufficient for the interview to appear as a discussion basis for independent comments made in the television programme using it. This is according to the I. Zivilsenat des Bundesgerichtshofs (1st Civil Chamber of the Federal Court of Justice) judgment of 17 December 2015 (Case I ZR 69/14). In the case concerned, the two commercial television stations SAT.1 and VOX were in dispute over exclusive interviews conducted...

The commercial television broadcaster Sat.1 must continue to broadcast the Hessian regional programme operated by the external provider TV Illa GmbH. This was decided by the first chamber of the Verwaltungsgericht Kassel (Kassel Administrative Court) in a judgment of 1 December 2015 (Case 1 K 618/13.KS). In reaching this decision, the Court dismissed the commercial broadcaster’s complaint against the extension of the broadcasting licence granted by the Hessische Landesanstalt für privaten Rundfunk und neue Medien (Hessian regional commercial broadcasting and new media authority - LPR). In Germany,...

The TV show “Germany’s Next Top Model” broadcast by the commercial channel ProSieben does not breach the provisions of the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on the Protection of Minors in the Media - JMStV). That is the conclusion drawn by a panel from the Kommission für Jugendmedienschutz (Commission for the Protection of Young People in the Media - KJM) following an in-depth review of the programme’s content. The KJM is the central supervisory authority for the protection of minors in nationwide German TV programmes and on the Internet. Its task is to ensure compliance with...

The Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (German Association of Public Service Broadcasters - ARD) has published a report on programme producers for the first time. It covers the year 2014, in which the ARD says it commissioned films, documentaries and entertainment programmes worth more than EUR 707.1 million. The aim of the report is to ensure more transparency because the ARD, as a public service broadcaster, is also funded by licence fees collected from the public. Writing in the foreword, the ARD’s Chairman Lutz Marmo and its Director...