The Federal Court of Justice (BGH) has provided important clarity in recent decisions concerning the in-house forwarding of broadcast programmes. These rulings directly affect property owners and managers, particularly in the context of multi-occupancy buildings and commercial properties that use central systems for supplying broadcast signals.
In two separate proceedings, the BGH ruled that no separate copyright licensing from broadcasting organisations is required for the internal forwarding of broadcast signals via central receiving systems, as are common in large residential complexes or office buildings, for example. The court's reasoning is based on the view that this does not constitute an independent public performance that goes beyond the already licensed reception. Rather, signal distribution is considered a technical process within a closed user community.
Impact on Property Management and Investments
This legal certainty is of considerable importance for the real estate industry. Previously, there was uncertainty regarding potential licensing obligations, which could imply additional costs and administrative effort for owners and managers. The clarification by the BGH now confirms that the operation of such infrastructures can take place without separate fees to broadcasting organisations, as long as the forwarding remains limited to internal use and is not made publicly accessible.
The BGH's decisions strengthen planning certainty for investments in modern building infrastructures. They clarify that owners who invest in central receiving and distribution systems for broadcast programmes do not have to fear additional burdens from unexpected licence fees. This is particularly relevant for large residential and commercial projects, where the efficient supply of media content is an important factor for the attractiveness and functionality of the property.
- —No additional licence requirement for internal broadcast forwarding via central receiving systems.
- —Strengthening of legal certainty for property owners and managers.
- —Reduction of potential unforeseen costs in building operation.
- —Promotion of investments in modern media infrastructure within properties.
The rulings contribute to simplifying property management by clarifying a long-standing legal question. For FREITAG® Immobilien, this provides a secure basis for the evaluation and recommendation of properties equipped with corresponding central supply systems. This development minimises risks and increases transparency in property management.
