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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...

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...

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...

The 7th Chamber of the Verwaltungsgericht Hannover (Hanover Administrative Court) in a judgment of 18 February 2016 (Case 7 A 13293/15) has held that if a chocolate biscuit is too highly praised in a TV show, this constitutes prohibited product placement. In a controversial scene lasting about ninety seconds in the RTL show “Ich bin ein Star - Holt mich hier raus” (Dschungelcamp) (I'm A Celebrity - Get Me Out Of Here [Jungle Camp]), the show’s participants were given a metal box with a big packet of “Pick Up” chocolate biscuits manufactured by food manufacturer, Bahlsen. The participants opened...

According to media reports, in a judgment of 1 December 2015 (Case U 74/15) the Kammergericht Berlin (Berlin Higher Regional Court) ruled in appellate proceedings that advertising for virtual products in an online role-playing game should not necessarily be regarded as a direct invitation to children to buy the items. There was, the Court said, no breach of competition law as the advertising messages in the game were not aimed specifically at minors but at all players. The Court had to rule on a complaint from the Verbraucherzentrale Bundesverband (Federation of German Consumer Organisations) concerning...