Tariff Remains in Force: Raue LLP Represents VG Media Against DPMA

The German Patent and Trademark Office (DPMA) was not allowed to object against VG Media’s tariff for the so-called “small reproduction right / reproduction of radio transmissions”. The Administrative Court of Munich (VG) ruled that the tariff can remain in force and companies such as supermarkets, gas stations or hotels that transmit radio or television broadcasts in their business premises must pay the corresponding remuneration to VG Media (note: M 16 K 15.5333).

The DPMA, the supervising authority of VG Media, had instructed VG Media to withdraw its tariff as DPMA doubted that VG Media had sufficient rights to set the tariff. The court did not follow. By means of a survey, which has been confirmed by the Consumer Research Organization (Gesellschaft für Konsumforschung – GfK), VG Media has carried out everything that was necessary to clarify the scope of the rights forming the basis of the tariff at issue.

(31 October 2016)