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IRIS 2012-9:1/40 [DE] Admissibility of a Movie Made on Foreign Land

On 25 October 2012, a German Civil Court, the Kammergericht (KG) Berlin, decided (file number of the judgment: 10 U 136/12) that the publication of a documentary containing unauthorized recorded images of a third-party about facilities on a foreign land is allowed. The applicant is a public institution operating the public transport system with busses and subways in the city of Berlin. The defendant is a producer and director of a film, which documents the graffiti art scene in Berlin. The disputed film published by the defendant includes unapproved recorded images about facilities and trains of...

IRIS 2012-9:1/34 [NL] Court Orders Newspaper to Cease Publication of Programme Guide

On 13 June 2012, the Amsterdam Court ordered the Dutch newspaper De Telegraaf to cease publication of its weekly programme guide. An interlocutory injunction was sought by four broadcasting organisations (NPO, RTL, SBS and Veronica), which claimed copyright protection in the programming schedules. De Telegraaf considered these schedules as being databases within the meaning of Directive 96/9/EC (the Database Directive) and the protection granted under Article 10 of the Dutch Copyright Act to non-original writings, such as databases, in breach of the Directive. The argument made by De Telegraaf...

IRIS 2012-9:1/15 [CZ] New Regulation on Data Retention

On 18 July 2012, the Czech Parliament adopted the Act No. 275/2012 Coll., amending Act No. 127/2005 Coll. on electronic communications (the Electronic Communications Act) and some related acts. The Electronic Communications Act transposed Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and implemented Directive 2002/58/EC (the "Directive on privacy and electronic communications") into the Czech legal order. On 26 March 2010 a group of 51 Members of...

IRIS 2012-9:1/3 Committee of Ministers: Declaration on the Desirability of International Standards Dealing with Forum Shopping in Respect of Defamation, “Libel Tourism”

On 4 July 2012, the Council of Europe’s Committee of Ministers (CM) adopted a Declaration on the Desirability of International Standards dealing with Forum Shopping in respect of Defamation, “Libel Tourism”, to Ensure Freedom of Expression. The CM firstly notes that although everyone is entitled to freedom of expression, the media have specific rights, because they play an essential role in democratic societies. Freedom of expression, as guaranteed by Article 10 of the European Convention of Human Rights, is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded...

IRIS 2012-9:1/1 OSCE: Activity Report of the Representative on Freedom of the Media to the Permanent Council

In her regular report to the OSCE Permanent Council on 21 June 2012 the themes highlighted by OSCE Representative on Freedom of the Media Dunja Mijatović were Internet regulation and journalists’ safety. The report covers the period from 29 March to 21 June 2012. “A global struggle for control of the Internet is under way,” Mijatović told the council, which is the governing body of the organization. “There are competing views about rights, freedoms, security and regulations online. The discussions of freedoms and rights and the discussions around security often appear to be running on parallel...