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Copyright Changes

DW staff (act)December 2, 2006

Over 100 of Germany's most prominent filmmakers have protested against the government's new copyright laws which they claim infringe on their artistic property rights.

https://p.dw.com/p/9RrM
Good old movie theaters still draw in the crowdsImage: dpa

Earlier this week, a delegation from the German Film Directors' Association handed over a petition to Justice Minister Brigitte Zypries, who is responsible for the amendment which has just been passed by the cabinet. The "Filmmakers Resolution" was also delivered to Chancellor Angela Merkel and Culture Minister Bernd Neumann, among others.

The government aims to revolutionize intellectual property rights by bringing them into compliance with the demands of the new information society. It aims to develop a balance of interests between artists and users, and the recording device and cultural industries.

Up until now, copyright law has stipulated that a certain fixed amount be added to the cost of a recording device, such as a VCR. However, the new reforms will allow the makers of printers, CD-burners and DVD recorders and other such devices to negotiate an "appropriate" amount with collecting societies.

The law will impose an upper limit of five percent of the cost of the respective device.

Volker Schlöndorff
Director Volker SchlöndorffImage: dw-tv

Artists fear they will suffer considerable financial losses because of the constant falling prices of new recording devices. The firms which make these devices on the other hand have welcomed the reforms.

Because of the complexities involved, the law will probably only come into effect at the beginning of 2007 and the petition's signatories hope to prevent this from happening.

They include veteran filmmakers Volker Schlöndorff and Margarethe von Trotta, as well as "Sophie Scholl" director Marc Rothemund, and Doris Dörrie of "Men" fame. Roland Emmerich and Oliver Hirschbiegel have offered their support from across the Atlantic.

Future delivery methods

Symbolbild Streaming
The movie-house of the future?Image: AP

One clause that has yet to be passed has raised particular concern to the filmmakers. Until now it has not been allowed to write unknown devices or delivery methods into a contract about the future use of an artistic work. The new law will lift this ban, removing the right of filmmakers to write into a contract a refusal that their work be transferred by unknown delivery methods.

In the new digital media age, movies are already downloadable from the Internet and can be watched on MP3 devices and cell-phones. The directors claim it would infringe on their intellectual property rights not to have a say in how the industry allows their work to be used by unknown means. The worry is that their work might be altered significantly.

"We do not want our work to be sold at a loss," they said. "Instead, we want to use dialog and cooperation to make sure our work is delivered by new methods in such a vigilant way that its content remains authentic."

European standards

Open Air Kino in Dresden
A packed audience at an open-air movie in DresdenImage: AP

This protest in Germany comes as some European parliamentarians are calling for the European Commission to implement compulsory copyright regulations instead of merely making "recommendations." These issues are creating headaches world-wide as computer firms, record companies and artists fight for control of the digital market.

According to Germany's organization for film economy, SPIO, in 2005 127 million cinema tickets were sold nationwide. The film industry's total turnover was 745 million euros ($980 million). 150 German feature and documentary movies made up roughly 17 percent of the total market. The DVD turnover was 480 million euros.