GERMANY: Creating New Property Rights on the Basis of General Legal Concepts - Without Limits?

In two cases recently decided by two different senates of the German Federal Supreme Court (Bundesgerichtshof, BGH), the following issue was raised: To what extent can the filming of sports events organized by someone else, on the one hand, and the photographing of someone else’s physical property, on the other hand, be legally controlled by the organizer of the sports event and the owner of the property respectively? In its “Hartplatzhelden.de” decision, the first senate of the Federal Supreme Court concluded that the act of filming sports events does not constitute an act of unfair competition as such, and hence is allowed even without the consent of the organizer of the sports event in question. However, the fifth senate, in its “Prussian gardens and parks” decision, held that photographing someone else’s property is subject to the consent of the owner of the grounds, provided the photographs are taken from a spot situated on the owner’s property. In spite of their different outcomes, the two cases do not necessarily contradict each other. Rather, read together, they may well lead to an unwanted – and unjustified – extension of exclusive protection, thus creating a new “organizer’s” IP right.

Educational Television Broadcasting in Germany: Prevailing Practices, Existing Challenges and Adoptable Policies

Television is widely used for educational purposes but has still not achieved its fullest potential neither in developed nor in developing countries. This worldwide under performance invite experts and academics to join hands to search causes and provide suggestions to make television a better and popular learning tool. Guided by this philosophy, the present paper analyzes the educational television broadcasting in Germany from different perspectives. The focus of analysis includes measures and practices adopted by German institutions/broadcasters to promote educational television. Besides dealing with these issues, the paper discusses existing challenges and suggests best adoptable educational television broadcasting polices from Germany to promote educational television in global perspectives.