Streaming dispute: OLG Cologne prohibits takeover of ARD media library

A tug-of-war over the boundaries of digital broadcasting law that has been ongoing for months has been decided. In a ruling on Friday, the Higher Regional Court (OLG) of Cologne made a far-reaching decision against the private streaming provider Joyn. The 6th Civil Senate thus upheld an injunction from the Cologne Regional Court from April 2025 and tightened the conditions against the subsidiary of ProSiebenSat.1, which had integrated ARD's media library content into its own offering without permission.

With the decision, the judges emphasize that even mere linking and embedding ("embedding") of third-party media library content for the purpose of increasing one's own reach is impermissible (Ref.: 6 U 75/25). Exception: explicit consent from the rights holder is obtained.

The conflict has been simmering since the beginning of 2025. Joyn unexpectedly began offering ARD content extensively as an integrated link at that time. Previous cooperation negotiations had failed. The operator of the streaming portal took the view that publicly funded content could be used without consent. However, ARD saw this as a massive violation of rights.

ProSiebenSat.1 originally justified the procedure as legally permissible "beta testing". The group relied on the case law of the European Court of Justice as well as its own expert opinion. However, ARD obtained a preliminary injunction, as its media library is to be considered a database protected by copyright.

Competition Law and Trademark Protection in Focus

The reasoning of the OLG, chaired by Martin Hohlweck, is particularly clear as it goes beyond pure copyright law: the chamber assessed Joyn's behavior as unfair within the meaning of competition law and as a violation of the Interstate Treaty on Broadcasting (Medienstaatsvertrag). It clarified that even a fee-financed institution is in a competitive relationship with private providers and may protect its investments in digital infrastructure, even if it offers the content free of charge. The right to link does not cover taking over an entire media library to broaden one's own commercial offering.

Furthermore, the court saw deception of users regarding the origin of the offering, as Joyn largely imitated the appearance and content of the ARD media library. The second instance also classified the use of ARD brands as impermissible because there was a risk of confusion. As the decision was made in preliminary injunction proceedings, further legal remedies to the Federal Court of Justice are no longer possible in this strand of the legal dispute.

Parallel Defeats

The ruling strengthens the legal position of the public broadcasters, who are fighting on several fronts against the integration of their content. At the end of May 2025, Joyn already lost before the Munich I Regional Court in similar proceedings against ZDF and Arte. There too, the judges recognized a violation of the Interstate Treaty on Broadcasting. Although Joyn had already temporarily ceased the controversial practice at the beginning of March 2025. However, the fundamental clarification of the legal situation by the OLG Cologne now sends a clear signal to the industry.

While the urgent proceedings are thus largely concluded, the legal disputes in the first instance are continuing on the merits. For ARD and the other affected broadcasters, however, the Cologne decision means a tactical victory in securing their digital sovereignty. The Cologne judges emphasized that private portals must not simply "free-ride" to enhance their own offerings at the expense of public service broadcasters' contributors.

(mki)