Press Publishers ’ Right

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Neighbouring rights, Press Publishers ’ Right

(Universidade Católica Portuguesa)/ /Leave a comment

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications. By extending the rights of reproduction and…

CDSM Directive, Digital Single Market, European Union, Making available (right of), Press Publishers ’ Right, Remuneration (equitable)

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

On 21st October 2021, Facebook announced that it has reached an agreement with APIG, an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. According to Facebook’s press release, the agreement “means that people on Facebook will be able…

CDSM Directive, European Union, Jurisdiction, Legislative process, Press Publishers ’ Right

(City, University of London)/ /Leave a comment

This blog looks at Article 15 of the (Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers’ right. Article 15, as regular readers of this blog will recall from this, and this, and this, and this post, creates a right ancillary to copyright that benefits some publishers. It is triggered when…

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

(City, University of London)/ /Leave a comment

This blog looks at Article 15 of the (Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers’ right. Article 15, as regular readers of this blog will recall from this, and this, and this, and this post, creates a right ancillary to copyright that benefits some publishers. It is triggered when…

Australia, Legislative process, Liability, Press Publishers ’ Right, Remuneration (equitable)

(Macquarie Law School)/ /Leave a comment

As reported in a previous blog post, the Australian government has been intensively negotiating the Australian version of the press publishers’ right, the News Media Bargaining Code. The legislation was initially proposed in July 2020 and, following tough negotiations with industry stakeholders, the slightly amended News Media Bargaining Code was eventually passed by the Australian…

Australia, Legislative process, Press Publishers ’ Right

(Macquarie Law School)/ /Leave a comment

While EU Member States are implementing the newly introduced press publishers’ right into their national laws, Australia is about to introduce its own version of the right. On 31 July 2020, the Australian government announced the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (draft News Media Bargaining Code). While the…

Case Law, CDSM Directive, Digital Single Market, France, Press Publishers ’ Right, Remuneration (equitable)

(REALEX)/ /Leave a comment

As I posted previously on this blog (here), French press publishers’ unions and the news agency Agence France Presse (‘AFP’) filed a successful request for an interim injunction against Google before the French Competition Authority, in their battle to obtain remuneration for online uses of their publications (Decision 20-MC-01 of 9 April 2020). Google had been manoeuvring…

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

(Brinkhof)/ /Leave a comment

The first part of this post provided an introduction to the DSM copyright directive transposition bill submitted to the Dutch parliament on 15 May (operative provisions Dutch / auto-translate, explanatory memorandum Dutch / auto-translate), and a discussion of the provisions transposing Article 15 (the press publishers’ right). This Part 2 continues with an analysis of…

CDSM Directive, Digital Single Market, European Union, France, Legislative process, Press Publishers ’ Right, Remuneration (equitable)

(REALEX)/ /Leave a comment

Overview After fierce lobbying, European press publishers, backed by the French government, obtained the much criticized press publishers’ right (see e.g. here; here; and here) in Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). The objective of this new right is to allow the media…

Australia, Legislative process, Press Publishers ’ Right

(Macquarie Law School)/ /Leave a comment

While EU Member States are trying to implement the press publishers’ right (also known as ‘link tax’) that was recently introduced in Art 15 of the Directive on Copyright in the Digital Single Market (DSM Directive), Australia is only just starting its policy debate on this highly contested topic. Australian media companies (or ‘press publishers’)…