Thomas Brussig’s Nachvergütung: A Significant Reduction
The musical “Hinterm Horizont,” inspired by the music of Udo Lindenberg, had an astounding revenue generation of over 100 million euros. Writer Thomas Brussig was initially compensated with only 100,000 euros for his contribution to the libretto. Following the musical’s success, Brussig sought a substantial retroactive payment, known as Nachvergütung, to adjust for the earnings generated from his work. However, the latest ruling from the Higher Regional Court of Hamburg (OLG) has drastically reduced the amount he will receive.
Initial Award and Subsequent Ruling
Originally, the Hamburg District Court awarded Brussig around 5 million euros based on his argument that the compensation was disproportionate compared to the substantial earnings generated by the musical. However, the OLG Hamburg found this amount excessive and instead calculated a much lower retroactive payment totaling approximately 730,000 euros. This ruling has raised questions about fairness and how compensations are calculated within the performing arts.
Legal Framework Behind Nachvergütung
Brussig’s claim was based on § 32a Abs. 2, S. 1 of the German Copyright Law (UrhG), which stipulates that authors may seek adjustments to their contracts if there is a significant disparity between the earnings and their compensation. The court acknowledged that while Brussig deserved a Nachvergütung, the methodology used to calculate it was flawed. The initial calculation did not take into account the specificities of the musical theater industry, an oversight that the court rectified.
Revenue Calculation and Implications
The OLG emphasized that the calculation of compensation should not entirely depend on the gross revenue, particularly because the financial structure of large theater companies often involves public funding and third-party contributions. To ensure that larger venues do not get disproportionately penalized compared to smaller theaters, the OLG decided that only 40% of the total revenue should be considered for determining authorship compensation. This adjustment illustrates the complexities involved in calculating fair remuneration in the performing arts sector.
The Future for Brussig and Stage Entertainment GmbH
The court’s decision to deny Brussig a higher appeal signifies a notable precedent in copyright law, particularly concerning the rights of authors. Following the ruling, Stage Entertainment GmbH is contemplating whether to challenge the decision further, indicating ongoing legal uncertainties in this domain. The case has not only stirred discussions around fair payment for artists but also reflects the broader challenges faced in the creative industries today.
Brussig was represented by the law firm Vy – Brix Lange Verweyen, while Stage GmbH had legal representation from Raue and Taylor Wessing. The outcomes of such cases will have lasting impacts on the contractual relationships between creators and large production companies in Germany.
As the arts continue to evolve, so too will the interpretations of copyright laws and the obligations that fall upon producers and creators. The recent ruling serves as a reminder of the ongoing negotiations that shape the landscape of intellectual property in creative enterprises.
