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IRIS 2016-7:1/12 [DE] Hamburg District Court issues cease-and-desist order against broadcasting of a TV programme

In a decision of 12 April 2016 (Case 324 O 96/16), the Landgericht Hamburg (Hamburg District Court) issued a temporary injunction prohibiting the broadcasting of a television programme produced by a team of reporters that had set itself the task of revealing serious shortcomings in companies. In this particular case, the programme “Team Wallraff - Reporter undercover” of the broadcaster RTL wanted to show sloppy working practices in a hospital caused by pressure to keep costs down. In order to do this, a female reporter infiltrated the hospital disguised as a trainee and produced footage broadcast...

IRIS 2016-6:1/11 [DE] Draft of a new Film Support Act adopted

On 23 March 2016, the German cabinet adopted the draft of a new Filmförderungsgesetz (Film Support Act - FFG) submitted by the Minister for Culture. Before that, comprehensive discussions had been held with the participation of the film-industry associations and institutions concerned. The purpose of the draft Act is to adapt film support legislation to future needs. The Film Support Act is the legal basis for the provision of film support by the Filmförderungsanstalt (Film Support Agency - FFA). The aim is not only to provide more effective and successful support for quality German films, but...

IRIS 2016-6:1/10 [DE] New law for collecting societies

On 24 May 2016 the Verwertungsgesellschaftengesetz (Collecting Societies Act - VGG) was adopted. This act transposes Directive 2014/26/EU on collective management of copyright and related rights (see IRIS 2014-4/4) and replaces the previous Urheberrechtswahrnehmungsgesetz (Copyright Administration Act). The purpose of the new Act is to simplify the fixing of tariff rates, the EU-wide grant of usage rights and the participation in general meetings of members. The Bundestag commented in a resolution on the judgment of the Bundesgerichtshof (Federal Court of Justice - BGH) of 21 April 2016 concerning...

IRIS 2016-6:1/9 [DE] The producer of the dubbed version of a film is to be considered a film producer

The OLG Rostock (Rostock Higher Regional Court) ruled in a decision of 6 January 2016 (case no. 2 W 31/15) that a film producer acquires rights in a dubbed version through a material act, even if the producer of the dubbed version has not obtained the necessary rights. The plaintiff, who sought an interlocutory injunction, produced a dubbed German version of a Norwegian film. The title of the German version is “Z.D.K.”; the original Norwegian title is “Mørke sjeler”. It is not known whether other dubbed versions have been made. The defendant distributed the German version of the film without the...

IRIS 2016-6:1/8 [DE] Federal Administrative Court denies unconstitutionality of broadcasting licence fee for private households

On 18 March 2016, the Bundesverwaltungsgericht (Federal Administrative Court) decided in a total of 18 cases, involving appeals on points of law, that the levying of the broadcast receiving licence for private households is constitutional (cases nos. 6C6.15; 6C7.15; 6C8.15; 6C22.15; 6C23.15; 6C26.15; 6C31.15; 6C33.15; 6C21.15; 6C25.15; 6C27.15; 6C28.15; 6C29.15; 6C32.15). Under the Rundfunkbeitragsstaatsvertrag (Inter-State Agreement on the Broadcasting Licence Fee - RBStV), since the beginning of 2013 a licence fee has been payable by every household, the obligation to pay a device-dependent licence...