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IRIS 2010-5:1/21 [DE] New Version of GEMA’s Membership Agreement concerning the Use of Musical Works for Advertising Purposes

On 12 March 2010, the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), the German collecting society for authors and music publishers, decided to adopt a new version of its membership agreement relating to the use of musical works for advertising purposes. When music is used for advertising purposes, rights management is to be exercised separately by the member and GEMA. According to the amended version of section 1(k)(1) of the membership agreement the “right to allow third parties to use a musical work [...] for advertising purposes in an individual case...

IRIS 2010-5:1/18 [DE] New Advertising Guidelines for Product Placements

The Gesamtkonferenz der Landesmedienanstalten (General Conference of Regional Media Authorities) has given practical form to the provisions of the 13th Rundfunkänderungsstaatsvertrag (Inter-State Agreement Amending Inter-State Broadcasting Agreements - RÄStV, see IRIS 2010-1/16) on product placements (PPs) in broadcasts by private television stations. The guidelines, which will have to be adopted by the Regional Media Authorities, distinguish between paid and unpaid PPs (production props), which are permitted in certain circumstances. Surreptitious advertising continues to be prohibited. Paid PPs...

IRIS 2010-5:1/12 [CH] Arrangements on Advertising and Sponsorship Relaxed

The Radio and Television Decree (Ordonnance sur la Radio et la Télévision - ORTV) has been amended, as of 1 April 2010, in order to bring its provisions into line with European rules. As a result of the transposition of Directive 2007/65/EC on Audiovisual Media Services (“AVMS Directive”) into the national law of the member states of the European Union, those French, German and Italian television channels that can be picked up in Switzerland now have more opportunities with regard to advertising and sponsorship. The new agreement on Switzerland’s participation in the MEDIA programme also provides...

IRIS 2010-5:1/9 [BE] Flemish Community: Public Broadcaster, Shocking Images and Product Placement

In two recent decisions, both chambers of the Vlaamse Regulator voor de Media (Flemish Regulator for the Media - monitoring and enforcement of media regulation) condemned the public broadcasting corporation VRT for breach of the Flemish media regulation. On 19 January 2010, the Kamer voor Onpartijdigheid en Bescherming van Minderjarigen (Chamber for Impartiality and the Protection of Minors) rendered a decision regarding the transmission of a trailer around 8 p.m., just before the beginning of the family series ‘Dieren in Nesten’ (freely translated, ‘Animals in Trouble’). This series follows the...

IRIS 2010-5:1/6 [AM] Amendments to Broadcast Legislation Passed

On 28 April 2009 the National Assembly of the Republic of Armenia (RA) passed a package of amendments and supplements to the national statutes “On Television and Radio”, “Statute of the RA National Commission on Television and Radio”, “Statute of the RA National Assembly”, and “On State Duty”. The aim of these bills as stated in the Justification was to ensure the “independence of the bodies that regulate public and private media (National Commission of Television and Radio and Public Television and Radio Council)”. Numerous amendments and additions to the existing statutes were introduced, some...