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IRIS 2000-7:1/23 [CZ] New Copyright Act

The new Act also includes provisions implementing the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) (see IRIS 2000-2: 15). It regulates copyrights and related rights - namely, the rights of the author regarding his work, of the performing artist regarding his performance, of the producer of a sound recording regarding his recording, of the producer of an audiovisual recording regarding his recording, of the radio or television broadcaster regarding his original broadcast, of the person who made public a hitherto unpublished work for which the term of protection...

IRIS 2000-7:1/8 [BE] Hidden Camera Infringes Right to Image

In a ruling of 19 May 2000, the Brussels Court of First Instance dealt with a case involving a hidden camera. On 2 October 1998 the applicant, Mrs P., had attended the recording of a talk-show on Flemish TV channel VTM, entitled "I'm looking for a millionaire", which concerned people attracted by money. Once the recording was officially over, the studio audience, including Mrs P., and the programme guests, including one man who was supposed to be a millionaire, had been invited by VTM for a drink. It was then that, by means of a hidden camera. Mrs P. had been filmed in conversation with the supposed...

IRIS 2000-6:1/28 [RO] Complaints about Defamation in the Media

On 11 May the Romanian government issued an emergency decree, laying down new provisions in relation to the enforcement under civil law of non-material damages for defamatory remarks made in the press. At the same time, large sections of Press Act no. 3/1974 were rescinded. Only the provisions on the right to correction and the right of reply remain in force. The change in the law follows reports in various newspapers claiming that several thousand cases are currently pending concerning public officials who have accused radio and the press of making defamatory comments about them. Following an...

IRIS 2000-6:1/25 [DE] Agreement on Media Data Protection

The Federal Minister of the Interior and the Press Council have compromised over the control of data collected by the media. The current draft Data Protection Act is designed to transpose the 1995 EU Data Protection Directive. The original draft stipulated that the media should be subject to data control measures, a decision that had aroused criticism from the German Press Council and numerous media organisations. The provisions stated that all citizens had a right to know about any data collected and stored concerning them. Editors were also required to appoint independent data protection officers...

IRIS 2000-6:1/23 [NL] Proposals to Improve Constitutional Protection of Communications

In recent years questions have arisen concerning the constitutional protection of the freedom of communication in the Information Society. The current provisions in the Dutch Constitution (Grondwet or Gw) (e.g. art. 7 and art. 13 Gw) were originally drafted in the nineteenth century and were not designed for modern-day technology. Now a new report, by a governmental commission under Leiden-based professor H. Franken, suggests some major changes to the constitution. The report gives an outline of the present developments that are shaping the Information Society. It highlights the changing role...