A generationMeter litigation Jost Vacano, the chief photographer of the internationally acclaimed classic film “Das Boot”, has reached an agreement with ARD Broadcasting Corporation on an appropriate salary. The 87-year-old and Südwestrundfunk were in a leading position in disputes with eight broadcasting companies, accepting the settlement agreement reached at the Stuttgart Higher District Court in early July. Westdeutsche Rundfunk, which Vacano sued in the proceedings of the Munich Higher District Court, also joined the settlement. The agreement stipulates that Vacano’s total settlement is 160,000 Euros plus sales tax (Reference 4 U 2/18 and 29 U 2619/16).
Films produced by the director in 1980/1981 Wolfgang Peterson Vacano received a one-time payment of 204,000 marks (approximately 104,300 euros). This should cover all copyrights. However, the legislature introduced the so-called “fair paragraph” in 2002. If there is an “obvious imbalance” between the initially agreed remuneration and subsequent income, this will grant the contributor the right to subsequently “reasonably participate” in the copyrighted work.
Repeated several times on TV
“Das Boot” received six Oscar nominations, was a big success at the international box office, and was subsequently aired countless times on TV. The sales of videos and DVDs have brought high revenues to production companies and ARD broadcasters. Therefore, Vacano demanded a share he believed to be fair.
This Federal Court In 2012, it was ruled that in principle, photographers can request information about the proceeds of the film. For the exploiters of film works, this means that writers such as directors or photographers must be more involved in subsequent box office success. In September 2018, the Stuttgart Higher Regional Court ruled that 315,000 euros plus sales tax were deemed “appropriate participation” in broadcasting films on public broadcasters. The photographer must also participate in the future broadcast of “Das Boot”. Eight ARD stations, including SWR, received complaints. The broadcaster subsequently filed an appeal and submitted the case to the Federal Court (BGH). This overturned the decision of the Stuttgart judge in February 2020, dismissed the legal dispute caused by calculation errors, and conducted a new hearing to OLG Stuttgart.
In dispute Wide dynamic, Production company Bavaria Film and video developer Eurovideo, OLG Munich Vacano awarded another 588,000 euros plus interest as the author’s reference in 2017. This dispute also fell in front of BGH. In April last year, the Munich Regional High Court ruled that the lower courts also miscalculated Vacano’s additional copyright compensation and rejected the renegotiation dispute. At first it was not certain whether Bavaria and Eurovideo would also be compared.
SWR announced that Vacano will now announce the end of the proceedings against WDR in Munich. The severance payment includes “all items in all ARD projects, including 3sat and Arte that occurred in the past, as well as interest and the amount of future projects.” The “value” of future broadcasts will not be calculated based on the repeated charging model, but based on the new points model of the joint charging plan implemented for commissioned production from January 1, 2019. Acute respiratory disease Be applicable. For “Das Boot”, the model has been adjusted according to the “camera” trade and the length of various versions.
