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IRIS 2012-8:1/17 [DE] Munich District Court Upholds ProSiebenSat.1 Complaint Against Save.tv Online Video Recorder

According to ProSiebenSat.1, the Landgericht München I (Munich District Court 1) upheld the media group’s complaint against the online video recorder Save.tv in a judgment of 13 August 2012 (case no. 7 O 26557/11). ProSiebenSat.1 had asked for an injunction preventing Save.tv from using its programmes. In the District Court’s view, Save.tv infringed the broadcaster’s rights by using its broadcast signals to record and retransmit ProSiebenSat.1 programmes to its users without permission. The online video recorder was inadmissible because it was not simply used to create private copies, as its operators...

IRIS 2012-8:1/16 [DE] Düsseldorf Appeal Court Confirms Cartel Law Ban on RTL and ProSiebenSat.1 Online Video Platform

According to the Bundeskartellamt (Federal Cartel Office - BKartA), the Oberlandesgericht Düsseldorf (Düsseldorf Appeal Court - OLG), in a judgment of 8 August 2012, rejected the complaint by RTL and ProSiebenSat.1 against its decision of March 2011 concerning the two broadcasters’ joint online video platform (case no. D 332 VI Kart 4/11[V]). The OLG Düsseldorf therefore confirmed the prohibition imposed by the BKartA and shared the cartel authority’s concerns (see IRIS 2011-5/15). The BKartA had concluded that, in its proposed form, such a platform would further strengthen the two broadcasting...

IRIS 2012-7:1/37 [DE] ZAK Determines Violations of Lottery Statute in Sports Channel Sport1

In its meeting on 26 June 2012, the Commission for Approval and Supervision of the Media Authorities (Kommission für Zulassung und Aufsicht - ZAK) decided that the sports channel “Sport1” has to pay a total amount of EUR 28,000. The reasons for this decision were several deceptions and illusions of the viewers in various editions of the show “Sports Quiz”. In a first step, the ZAK ordered that “Sport1” has to pay EUR 24,000. This amount corresponds to the amount “Sport1” has earned with the inadmissible presentation of sweepstakes in the show “Sport Quiz”. In addition, the ZAK imposed in a second...

IRIS 2012-7:1/16 [DE] VG Media and Aerial Company Reach Settlement on Retransmission of Broadcast Signals

The Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte von Medienunternehmen (Society for the Collection of Copyright and Performance Rights of Media Companies - VG Media) has published a press release announcing that it reached a settlement concerning the retransmission of broadcast signals before the Landgericht Leipzig (Leipzig District Court - LG) on 29 May 2012 with a Saxon company that receives the broadcast signals of various providers and distributes them to connected households (case no.: 05 O 3233/11). According to reports, the parties could not agree as to whether operators...

IRIS 2012-7:1/15 [DE] Bundestag Committee Approves Increased Barrier-Free Film Provision; FFA Decision in Principle on Film Aid

On 23 May 2012, the Ausschuss für Kultur und Medien (Culture and Media Committee) of the German Bundestag (lower house of parliament) voted by a majority to approve a proposal from the coalition parties to increase the provision of barrier-free films. The proposal began by stating that there were around 9.6 million disabled persons living in Germany, who, according to the UN Convention on the Rights of Persons with Disabilities, for example, were entitled to participate in artistic and cultural life. For blind and deaf persons, subtitles and audio description helped to provide access to audiovisual...