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Karlsruhe (dpa) - The head cameraman of "Das Boot" needs a lot of patience in his dispute over an appropriate financial share in the success of the classic film.
The Federal Court of Justice (BGH) overturned a judgment of the Higher Regional Court (OLG) Munich from 2017 on Thursday.
The reason for this is that systematic errors were made in the complicated calculation of the possible claims, as the presiding judge Thomas Koch explained when the verdict was pronounced in Karlsruhe.
It has to be renegotiated.
(Az. I ZR 9/18)
The 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.
On this basis, Vacano has been fighting for more money for more than a decade.
The lawsuit, which it was now about, is directed against the production company Bavaria Film, Westdeutscher Rundfunk (WDR) and the video exploiter.
The OLG had awarded Vacano a total of around 438,000 euros plus 150,000 euros in interest.
In parallel proceedings in Stuttgart, Vacano is suing the other eight ARD broadcasters that have broadcast "Das Boot" many times.
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© dpa-infocom, dpa: 210401-99-52113 / 2
BGH notification on the judgment
Judgment of the Munich Higher Regional Court of December 21, 2017
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Communication on the Munich judgment
BGH judgment "Das Boot II" from February 20, 2020
Judgment of the OLG Stuttgart from September 26, 2018
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Communication on the Stuttgart judgment
Fairness clause in the Copyright Act, Section 32a
BGH judgment "Das Boot I" from 2011