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Indies profit from video pirates in Germany

January 19, 2011

Danish independent film company Zentropa has raised Dkr 5.5m ($0.5m) in fines from German consumers accused of illegally downloading its film Antichrist. The company's German lawyers claim that 600 individuals have agreed to pay the out of court settlement fee of a maximum of Dkr 9,000 ($1,600) to avoid being sued. As a result the total amount raised from fines is reportedly now greater than that generated by the film at German theatres and through video sales combined.

The legislative responses to internet file sharing in Europe have taken a number of different forms with varying degrees of success. As in France and Denmark, intellectual property rights owners in Germany can legally request the names and addresses of internet users suspected of infringing copyright rights from internet service providers (ISPs). However, at odds with practices elsewhere in Europe, in May 2010 the German Supreme Court ruled that it is the owner of a internet connection must ensure that connected computers are not used to infringe copyright. Therefore prosecution no longer relies on proving who has committed the offence (for example, in a household where more than one person use the internet), just that the registered IP address was used to download the file. It is understood that following the May 2010 ruling, a number independent film companies have employed German law firms to claim hefty fines from suspected pirates. To date Hollywood studios are yet to use this approach to recoup losses from internet piracy in Germany.

Tags:

Countries: Germany
Companies: zentropa
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