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IRIS 1998-6:1/4 [AT] Compensation for Suspects Identified on Web

To protect individuals against revelation of their identity in certain cases, Section 7a of the Austrian Media Act (Mediengesetzes) provides for compensation as follows: if names, pictures or other information are made public in the media in a way which enables people with no direct knowledge of the background to identify a person who has been the victim of a crime, or who is suspected or has been convicted of a crime, and if this violates that person's legitimate interests, and the public has no overriding interest in publication of the information, then that person is in principle entitled to...

IRIS 1998-5:1/11 [AT] Private Radio - no Suspensive Effect for Appeals

In December 1997 the Austrian regional radio authority (österreichische Regionalradiobehörde), as the licensing authority for private radio, issued some 50 permits for regional and local radio and the date of 1 April 1998 was set for all the permit holders to start broadcasting. However, most of the permits issued were referred by the unsuccessful candidates to the Constitutional Court (Verfassungsgerichtshof); the appellants also claimed allowance of the suspensive effect of appeals in order to prevent broadcasting starting on 1 April. The Constitutional Court is required by law to allow appeals...

IRIS 1998-4:1/7 [AT] Digitisation and Storage of Musical Works on Computer Hard Disk Constitutes Reproduction

The complainant (Radio Melody GmbH) holds a broadcasting licence under the terms of the Regional Radio Act (Regionalradiogesetz). It has organised its broadcasting in such a way that musical performances on sound carriers are digitised and stored electronically in a data processing unit from which they can be retrieved and broadcast completely automatically (and even repeatedly). Radio Melody's main complaint against the performing rights company (Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH) was that, since the pieces of music on CDs and records are...

IRIS 1998-3:1/26 [AT] ORF Pulls out of Southern Germany

Since 18 February 1998, it has no longer been possible to receive ORF's first programme via cable or standard antenna in most of southern Germany. Only in the frontier's immediate vicinity is reception still possible. As a result of disputes with the channels SAT1, RTL and Pro7 over broadcasting rights, especially for sports events and feature films, which it had acquired solely for Austria (see IRIS 1998-1: 15), ORF has drastically reduced its land-based transmission service, which used to extend far into Bavaria and Baden-Württemburg. Under the "General Cable Agreement" (Kabelgesamtvertrag),...

IRIS 1998-1:1/27 [AT] Music on Private Cable TV - Fees Agreed

On 29 September 1997, the Austrian performing rights societies, Staatliche Genossenschaft der Autoren, Komponisten und Musikverleger, registrierte Genossenschaft mbH (AKM) and Wahrnehmung von Leistungsschutzrechten Gesellschaft mbh (LSG) concluded general agreements on fees for the use of recorded music in private cable TV programmes with the professional bodies representing cable broadcasters and network (in the USA: "system") operators. The agreement came into force on 15 October 1997 for an unlimited period. A general agreement on the retransmission of foreign programmes has already been in...