For many years the head cameraman of “Das Boot” has been fighting for an adequate financial share in the success of the classic film – now the dispute in Stuttgart is entering the next round.
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 – in several proceedings. Vacano is suing the production company Bavaria Film, Westdeutscher Rundfunk (WDR) and the video exploiter before the Munich Higher Regional Court. The Federal Court of Justice (BGH) in Karlsruhe overturned the judgment of the Higher Regional Court at the beginning of April. This is due to errors in the complicated calculation of the claims. The Munich court now has to renegotiate.
In February 2020, the BGH also referred another Vacano case back to the Stuttgart Higher Regional Court – with a similar reason. In the proceedings, the 87-year-old is taking action against the other eight ARD broadcasters that have also broadcast “Das Boot” many times. The OLG awarded Vacano an additional 315,000 euros plus sales tax in September 2018. The BGH basically considers it possible that Vacano is entitled to more money from them – because the broadcasters would have saved expenses for their own productions with the full broadcasting slots. But here, too, the calculation was wrong. On Wednesday (2 p.m.) negotiations will take place again in Stuttgart. The Senate will conduct settlement negotiations, said a spokeswoman for the Higher Regional Court. But it is completely open whether with success.
Source: DIGITAL FERNSEHEN by www.digitalfernsehen.de.
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