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IRIS 2014-2:1/13 [DE] Use of Image for Third-Party Advertising Breaches Own Image Rights

Ruling on an appeal, on 5 November 2013 (case no. 15 U 44/13), the Oberlandesgericht Köln (Cologne Appeal Court - OLG) decided that an actress’s own image rights can be breached if a picture from a film is used in an electrical chain store’s advertising brochure without the necessary permission. The OLG therefore confirmed the ruling of the Landgericht Köln (Cologne District Court - LG) of 20 February 2013 (case no. 28 O 431/12). An action had been brought after a picture of the actress appeared in an electrical chain store’s advertising brochure. A double-page spread in the brochure showed three...

IRIS 2014-2:1/7 [CH] Federal Court Orders SRG to Broadcast Advertising Spots Critical of SRG

Swiss public service broadcaster Schweizerische Radio- und Fernsehgesellschaft (SRG) must broadcast television advertising spots that criticise SRG after the Bundesgericht (Federal Court) upheld a complaint by the Verein gegen Tierfabriken (VgT) that the broadcaster had refused to show such a spot. In 2011, SRG subsidiary publisuisse SA had only authorised the first version of a spot produced by the VgT. It lasted seven seconds and showed the organisation’s logo and Internet address, along with the text “www.VgT.ch - was andere Medien totschweigen” (“www.VgT.ch - hushed up by other media”), which...

IRIS 2014-2:1/5 [AT] BKS on Programme-Specific Advertising in ORF Media Library

In a decision of 11 November 2013, the Austrian Bundeskommunikationssenat (Federal Communications Board - BKS), following a request from the Austrian public broadcaster Österreichischer Rundfunk (ORF) to amend the concept for its media library, commented on the definition of sponsorship in non-linear media services. The procedure followed a complaint by the lower-instance Kommunikationsbehörde Austria (Austrian Communications Authority - KommAustria) about ORF’s plans to amend its marketing concept. KommAustria had found, on the one hand, that ORF sold advertising slots that were not tied to particular...

IRIS 2014-1:1/36 [RO] Rejection of Liberalisation of Alcohol Advertisment Rules

On 12 November 2013, the Chamber of Deputies (Lower Chamber of the Romanian Parliament) with large majority rejected the Draft Law for the modification of Article 13 of the Legea nr.148/2000, privind publicitatea, cu modificările şi completările ulterioare (Law no. 148/2000 on the advertising, with further modifications and completions). The decision of the Deputies is final. The Draft Law had been rejected by the Senate (Upper Chamber) on 4 June 2013 (see also IRIS 2006-6/33). The Draft Law intended to modify Article 13 (1) by extending the legal permission of advertisements for alcoholic beverages...

IRIS 2014-1:1/31 [HU] Amendment of Hungarian Constitution regarding Political Advertising

On 22 November 2012, the Hungarian National Assembly adopted the new Act XXXVI of 2013 on the Electoral Procedure (hereinafter “the new Electoral Procedure”), which lays down amended rules regarding political advertising during campaign periods for national parliamentary, municipal, and European Parliamentary elections. According to Article 32 (3) of Act CLXXXV of 2010 on Media Services and Mass Media (hereinafter “the Media Law”) political advertisements may only be disseminated in compliance with the relevant rules of the new Electoral Procedure. Political advertisements are programmes released...