Copyright and Entertainment Law
As the publisher of a school newspaper distributed throughout Lower Saxony, Dr. Wente came into contact with issues of publishing, press and copyright law at an early stage. Since then, his interest in the legal issues of practical business has never waned. During his studies, he dealt with questions of press law, the protection of privacy rights and the possibilities and limits of journalistic research. During his studies in the U.S.A., he also came into contact with broadcasting law issues for the first time.
It is therefore not surprising that he was able to win over entrepreneurs and medium-sized companies from precisely these industries as clients quite early on, many of whom have been using his services for decades. Broadcasting and broadcasting organization, i.e. on the one hand the organization of broadcasting under private law, and on the other hand also the licensing of broadcasters or providers of broadcasting services, have been accompanied and shaped by him since 1988, especially in Bavaria. He was also involved in the introduction of the new DAB+ radio standard from the very beginning.
In addition, the software and film licensing business played a not insignificant role.
To this day, copyright and entertainment law is one of his main areas of work. Dr. Wente has therefore qualified as a specialist attorney for copyright and entertainment law.
The economic importance of the media industry will continue to grow in the coming years.
If you are part of this exciting development and are looking for legal advice on this, you should contact us.
Broadcasting Organization Law
Private broadcasters require a license to broadcast radio programs, Section 52 para. 1 S. 1 Interstate Treaty on the Media (Medienstaatsvertrag – MStV) (fomrerly § 20 para 1 S. 1 RfStV). One of the 14 Media Institutions, that exist in Germany. is in charge of licensing. Why 14? Because the legislative competence for broadcasting in Germany according to Art. 70 Sec. 1 GG rests with the German States, as the Federal Constitutional Court held in its fundamental 1st broadcasting judgment (Ref. 2 BvG 1, 2/60. BVerfGE 12, 205–264 ) (with one exception: broadcasting outside Germany, Deutsche-Welle-Gesetz). We can consult you in order to determine whether your project is broadcasting subject to licensing at all, which state media authority is in charge or perhaps your broadcasting license obtained abroad entitles you to broadcast the program in Germany as well. These are not the only questions that need to be clarified during an in-depth discussion before we recommend the necessary measures and prepare your application for a broadcasting license with you and accompany the administrative procedure up to the licensing. In parallel, it is necessary to consider how to secure the distribution channel, for which you usually still need an allocation.
In addition to these public law steps, you will have to consider how they want to organize themselves as broadcasters under private law. Also in this area we can support you with our expertise in corporate law, but we are also happy to work together with the lawyer of your particular preference.
Copyright Rights of Use - Licensing Rights
Software license, film license, merchandising contract, publishing contract, film production contract, work made for hire or GNU GPL are all terms which, in terms of content, ultimately always presuppose that the person who creates a work in a creative act has the right to dispose of this work exclusively, i.e. to the exclusion of third parties. Even the creative person who immediately releases the work into the public domain or subjects it to the GNU GPL can only do so because the act of creation gives him the legal power to do so. This insight is the basis of copyright law and also of all licensing arrangements, the diversity of which will not all be enumerated here. In 30 years of professional involvement with these issues, there is hardly a single licensing situation – or case in which licenses have become non-performing – that Dr. Wente has not been confronted with.
Therefore, you are well advised to make use of his services in the case of difficult licensing arrangements or even licenses that have become disputed.
Possibilities and Limits of Journalistic Research
The possibilities of journalistic research as well as its legal limits and constitutional protection were for the first time given a comprehensive legal examination in the doctoral thesis “The Law of Journalistic Research”.(“Das Recht der journalistischen Recherche“). The law firm of Dr. Wente can advise you on how to ensure the protection of whistleblowers as well as on whether, when and how to publish information from dubious or difficult sources. If authorities wrongfully withhold information, he can assist in asserting legal claims for information and, if necessary, enforce them.
