Press Publishers ’ Right

CDSM Directive, Digital Single Market, European Union, Legislative process, Liability, Press Publishers ’ Right

(CIPIL, University of Cambridge)/ /Leave a comment

As reported in earlier posts on this blog, in a 2022 study, I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital…

CDSM Directive, Contract, European Union, Press Publishers ’ Right

(CREATe, University of Glasgow)/ /Leave a comment

The discussion on creators’ remuneration is gaining momentum. The main reason: the growing popularity of generative AI and its potential to substitute human creative labour. With the current income streams in danger, new ways of remunerating creators are put forward. The most intuitive proposition is that for providers of generative AI, big tech, to remunerate…

Bulgaria, CDSM Directive, Digital Single Market, Exceptions and Limitations, Legislative process, Press Publishers ’ Right, Text and Data Mining (TDM)

(Sofia University; Digital Republic)/ /Leave a comment

More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to now implement the CDSM Directive. On the tail end of a political crisis that forced the country into multiple consecutive early general elections and led to a string of short-lived…

CDSM Directive, Contract, Digital Single Market, Exceptions and Limitations, Legislative process, Liability, Portugal, Press Publishers ’ Right

(Universidade Católica Portuguesa) and (NOVA School of Law Lisbon)/ /Leave a comment

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The approved Decree-Law 47/2023 to a large extent corresponds to a legislative project (Project 52/XV), which, in turn, was a variation of a previous project (Project 114/XIV) that failed due…

CDSM Directive, Copyright, Digital Single Market, Exceptions and Limitations, Ireland, Legislative process, Press Publishers ’ Right

(Catolica Global School of Law, Universidade Catolica Portuguesa) and (Trinity College Dublin)/ /Leave a comment

As testified by collections such as those of Trinity College’s Old Library, copying and illustrating manuscripts by hand was such a well-developed practice among members of mediaeval religious orders in Ireland that two Christian saints – Columba and Finnian – ended up having the first recorded copyright dispute in the Western world’s history. The most…

CDSM Directive, Digital Single Market, Greece, Legislative process, Press Publishers ’ Right

(Aristotle University of Thessaloniki)/ /Leave a comment

Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 4996/2022 in November 2022 (ΦΕΚ Α´ 2022/24.11.2022), which amended the basic Greek Copyright Law (L. 2121/1993 on “Copyright, Related Rights and Cultural Matters”) as well as L. 4481/2017 on “Collective Management of Copyright and Related Rights” (ΦΕΚ Α’ 100/20.7.2017). Among…

CDSM Directive, Croatia, Digital Single Market, Jurisdiction, Legislative process, Press Publishers ’ Right

(Stockholm University)/ /Leave a comment

Give me twenty-six soldiers of lead and I will conquer the world.   This quote is often attributed to Johannes Gutenberg, Benjamin Franklin, Karl Marx, or all of the above. Even if we cannot identify the exact author of these words, we can recognise that these three individuals all understood the power of the twenty-six…

CDSM Directive, Digital Single Market, European Union, Legislative process, Press Publishers ’ Right

(CIPIL, University of Cambridge)/ /Leave a comment

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). In a report published in September 2022, I undertook research into the…

Exceptions and Limitations, Germany, Press Publishers ’ Right

(GFF (Society for Civil Rights))/ /Leave a comment

  Knowledge Rights 21 (KR21) is a programme by European library and research associations IFLA, LIBER and SPARC Europe to mobilise the potential of Europe’s knowledge institutions, particularly libraries, to engage with others across the spectrum of the access to knowledge movement to build momentum towards long term copyright reform that benefits library users and…

CDSM Directive, Collective management, Digital Single Market, Italy, Legislative process, Press Publishers ’ Right

(Scuola Superiore Sant'Anna) and (University of Alicante and Scuola Superiore Sant'Anna)/ /Leave a comment

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for…