The Cologne Regional Court heard testimony from witness Reiner Hömig. Mr. Hömig claims that the song „Heja BVB“ was not sung by Karl-Heinz Bandosz; he was not in the studio, but rather his crew recorded the backing vocals. Therefore, the song „Heja BVB“ with singer Karl-Heinz Bandosz, which existed for 50 years and continues to exist, does not exist at all. Mr. Hömig himself states that he worked for me in 1977, so even the backing vocal version would be mine.

He doesn’t even present this version of the song as evidence. Nor does he have to, since it’s „Heja BVB“ with Karl-Heinz Bandosz. Only the information is „false“! He’s also not credible, as he himself stated in a book article that he remembers the singer Karl-Heinz Bandosz very well. For almost 50 years, no one has ever heard of this song, and this version isn’t listed with GEMA (the German performing rights society), but the one with Karl-Heinz Bandosz is! This version of the song with the crew choir doesn’t exist at all. He’s trying to fraudulently steal the rights to the song with the singer Karl-Heinz Bandosz from me, claiming it’s the choir version and that Reiner Hömig, as producer, has held the usage and exploitation rights since 1977! Mr. Hömig himself unlawfully transferred these rights to his lawyer and label owner: “Heja BVB,” Karl-Heinz Bandosz, as he handed me the master tape with this information in 1977.

The label information regarding the song „Heja BVB“ by Karl-Heinz Bandosz on recording releases would have been incorrect for almost 50 years, and according to this, Borussia Dortmund (BVB), the chain manufacturer Horst Mester, the BVB senior citizens‘ club, the singer Karl-Heinz Bandosz, and others would have been defrauded. Mr. Hömig is seeking recourse against me for the alleged unlawful use of the song’s rights for 50 years. What an outrage! Even if it were true that only the choral version existed, Mr. Hömig, even through his lawyer, provided me with false information and thus committed legal violations that he probably cannot attribute to me, but which are, in fact, proof that only the song „Heja BVB“ sung by Karl-Heinz Bandosz exists. Either way, I have been defrauded and deceived, and I am being prosecuted and punished for it.

In the same manner, costly injunctions were accepted by the Cologne Regional Court from Reiner Hömig, prohibiting me from publicly describing these methods of persecution, so that they could be upheld. Methods like those in North Korea! 

I will file charges against the judges of the Cologne Regional Court and the Cologne Higher Regional Court who ruled in this case, as they demonstrably perverted the course of justice. I will pursue this case through all instances and apply for legal aid to compel prosecution, and I will take my case all the way to the European Court of Human Rights against these crimes of perverting the course of justice. 

And why all this? It’s about the royalties owed since 1977 by GEMA (the German performing rights society) for the composer and lyricist, and by GVL (the German collecting society for the rights holders of the song), so that the rightful owners receive their dues. It’s reasonable to expect Bundesliga football clubs to record and pay royalties for the songs they play on a usage-based system! The lump-sum payments simply pocket the hits played in the mainstream media. The Berlin Regional Court has ruled that tium since 1977, was/is illegal. If my rights were revoked, the matter would be settled.

Manfred Wehrhahn