The Berlin Court of Appeal has dismissed the appeal lodged by the trade union ver.di against a judgement of the Berlin Regional Court II. The ruling therefore stands: ver.di is not authorised to draw up or contribute to Joint Remuneration Rules (GVR) for dubbing scriptwriters and dubbing directors under Section 36 of the German Copyright Act (UrhG). An appeal to the Federal Court of Justice has been granted.

Dispute over jurisdiction regarding remuneration rules

The starting point for the proceedings was a so-called „Netflix-GVR dubbing“ agreement, which was negotiated and concluded by ver.di in collaboration with the Federal Association of Actors (BFFS) and the Professional Association for Film Sound (BVFT). This agreement was also intended to cover remuneration issues for the dubbing script and dubbing direction trades.

The Federal Association of Dubbing Directors and Dialogue Writers (BSD) brought a legal action against this. It argued that the organisations involved were not sufficiently representative to draw up common remuneration rules for these specific professional groups within the meaning of the Copyright Act.

Courts accept the argument regarding representativeness

Both the Berlin Regional Court II (judgement 2025, ref. 15 O 397/24) and, most recently, the Berlin Court of Appeal have confirmed this view. In the courts’ view, ver.di lacks the necessary representativeness in this specific sector of dubbing scriptwriters and dubbing directors, as required under Section 36(2) of the German Copyright Act (UrhG).

This made it clear that, in principle, ver.di’s significance as a trade union remains unaffected; however, it is not automatically entitled to negotiate remuneration rules similar to those in collective agreements in all creative sub-sectors of the film industry.

Significance for the dubbing and film industries

The BSD regards the decision as an important step towards clarifying responsibilities within the film and dubbing industry. The case is particularly relevant because it draws a clearer distinction between trade union representation and industry-specific authors’ organisations.

The decision could send a signal that extends beyond this specific case: in other areas of the film industry, too, the question is increasingly being raised as to which organisations are actually authorised to negotiate binding remuneration rules for specialised creative professions – particularly in the context of major streaming platforms such as Netflix.

Outlook: Appeal to the Federal Court of Justice

As an appeal has been allowed, the proceedings are not yet concluded. The Federal Court of Justice could further clarify the legal criteria regarding representativeness and the establishment of joint remuneration rules under Section 36 of the German Copyright Act (UrhG). The case therefore remains significant for the entire copyright and film industry even beyond the current ruling.