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IRIS 2013-1:1/14 [DE] “Tag des Glücks” Show Taken off Air following Ban

The TV show “Tag des Glücks” (“Day of Luck”) run by the lottery organisation Süddeutsche Klassenlotterie (SKL) was taken off air in October 2012. This was the response of the companies involved to several decisions of the Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK), which had criticised the show and stopped its broadcasting on several occasions in the past few years. The ZAK had repeatedly found that the programme had infringed the ban on the public advertising of gambling pursuant to section 5(3) of the Glücksspielstaatsvertrag (Inter-State Treaty on Gambling...

IRIS 2013-1:1/13 [DE] Administrative Court Criticises Award of Third-party Broadcasting Time

On 23 August 2012, the Verwaltungsgericht (Administrative Court) in Neustadt an der Weinstrasse ruled that the award of third-party broadcasting time by theRhineland-Palatinate Landeszentrale für Medien und Kommunikation (Regional Media and Communications Agency - LMK) in the case of the main broadcaster Sat.1 SatellitenFernsehen GmbH (Sat.1) was unlawful. It criticised virtually the entire selection and licensing procedure, especially owing to the failure to involve Sat.1. According to section 26(5) of the Staatsvertrag für Rundfunk und Telemedien (Inter-State Agreement on Broadcasting and Telemedia...

IRIS 2012-10:1/10 [DE] Remuneration of Scriptwriters for Commissioned Productions

According to unanimous reports by the parties involved, the Verband Deutscher Drehbuchautoren (Association of German Scriptwriters - VDD), Allianz Deutscher Produzenten (German Producers’ Alliance) and Zweites Deutsches Fernsehen (German public service broadcaster - ZDF) have reached an agreement on the main provisions of contracts between commissioned producers and authors. The agreement is designed to bring existing contractual structures into line with the changing conditions of use in the digital world and to ensure that authors are fairly remunerated. The starting point is the selection of...

IRIS 2012-10:1/9 [DE] German Film Fund Extended Until 2015

On 21 September 2012, the Federal Government announced that the Deutsche Filmförderfonds (German Film Fund - DFFF) would be extended for a further three years. As part of the arrangement, film producers will, in future, be obliged to produce barrier-free versions of subsidised films. The DFFF was created on the basis of the Directive of the Beauftragte der Bundesregierung für Kultur und Medien (Federal Government Commissioner for Culture and Media - BKM) “Anreiz zur Stärkung der Filmproduktion in Deutschland” (incentive to strengthen film production in Germany) (DFFF Directive). According to the...

IRIS 2012-10:1/8 [DE] Cologne District Court Bans Version of Tagesschau App

On 27 September 2012, the Landgericht Köln (Cologne District Court) banned the ARD and one of its members, NDR, from distributing a particular version of the Tagesschau app. A total of 11 newspaper publishers that offer electronically accessible services had complained that the version of the application dated 15 June 2011 broke competition regulations. The court rejected the plaintiff’s initial argument that the Tagesschau app had not been granted the necessary approval. Rather, the application, as a telemedium, had passed the three-step test under Article 11f of the Rundfunkstaatsvertrag (Inter-State...