Years of litigation
Court: Author is entitled to more money for Schweiger’s cinema hits
Trial files in the courtroom. photo
© Sebastian Christoph Gollnow/dpa
“Keinohrhasen” was the most successful German film in cinemas in 2008 – but the screenwriter Anika Decker was not able to make a big financial profit from it. She would have been entitled to this.
The screenwriter Anika Decker is entitled to a higher share of the total income from Til Schweiger’s cinema hits “Keinohrhasen” and “Zweiohrküken”. The Berlin regional court made this decision on Wednesday after years Legal dispute decided. The author has thus achieved success with her lawsuit against the production company and rights holder Barefoot Films and the media group Warner Bros. – financially she has little benefit from it. According to the ruling, the majority of their claims are time-barred. “She should have filed a lawsuit much earlier because she knew that the films were so successful in the cinema,” said presiding judge Rolf Danckwerts.
The ruling is based on the “fairness paragraph” in copyright law. It provides for additional payment if the originally agreed remuneration and the income subsequently achieved are noticeably disproportionate. From the court’s point of view, that is the case in this case. “Keinohrhasen” was the most successful German film in cinemas in 2008. “Zweiohrchicken” also later attracted millions of visitors.
The judgment is not final. Those involved can appeal against this. The German Screenplay Association initially reacted cautiously to the decision. “The situation of creative people is not such that we can immediately estimate success,” said managing director Jan Herchenröder. It is unfortunate that Decker, as the plaintiff, has to pay the entire court costs according to the judgment.