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Karlsruhe (dpa) - For many years, the head cameraman of the classic film "Das Boot" has been fighting for more money for his share in the success - today the Federal Court of Justice (BGH) has already announced its third verdict.
This time it is about a lawsuit against the production company Bavaria Film, Westdeutscher Rundfunk (WDR) and the video exploiter.
(Az. I ZR 9/18)
The successful film produced in the early 80s grossed many millions of euros.
Cinematographer Jost Vacano (87) received the equivalent of around 100,000 euros for his work.
The so-called fairness paragraph has existed in copyright law since 2002.
It provides for additional remuneration if the agreed consideration and the subsequent income are noticeably disproportionate.
In 2011 Vacano had enforced before the BGH that all income had to be disclosed to him.
On this basis, he is now arguing about the additional payment.
Most recently, the Munich Higher Regional Court awarded him a total of around 438,000 euros plus 150,000 euros in interest at the end of 2017.
Both sides have appealed against this.
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In parallel proceedings in Stuttgart, Vacano had sued the other eight ARD broadcasters that had broadcast "Das Boot" many times.
© dpa-infocom, dpa: 210331-99-45455 / 2
Announcement by the BGH
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Judgment of the Munich Higher Regional Court of December 21, 2017
Communication on the Munich judgment
BGH judgment "Das Boot II" from February 20, 2020
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Judgment of the OLG Stuttgart from September 26, 2018
Communication on the Stuttgart judgment
Fairness clause in the Copyright Act, Section 32a
BGH judgment "Das Boot I" from 2011