Cable retransmission rights

According to the terms of § 20 b UrhG [Copyright Act], the simultaneous and unchanged transmission of terrestrially broadcast film works to the regional cable networks constitutes a new broadcast and is only permissible by consent. This right relating to cable dissemination is also regulated by EC Directive 93/83 EEC, and it has been administered by the collecting societies for years. According to the new statutory requirements of § 20 b, section 1 UrhG, the cable retransmission rights can as a rule only be asserted by a collecting society. In consequence of their intellectual property rights (cf. § 94, section 4 UrhG), film producers also have an entitlement in connection with the new remuneration claims for cable rebroadcasting defined by § 20 b, section 2 UrhG. This claim is unrenounceable and can only be asserted by a collecting society. In agreements concluded since 1 June 1998, it can only be assigned to a collecting society (§ 20 b, section 2, sentence 3; 137 h, section 3 UrhG).

The collecting societies and broadcasting companies have concluded a contract for the settlement of cable retransmission claims with the regional cable network operators. The remuneration amounts achieved are divided up between the collecting societies and the broadcasting companies, in accordance with the scope of their respective rights. The collecting societies pass on the remuneration to their members entitled to receive royalties.