{"id":2183,"date":"2018-05-25T13:28:12","date_gmt":"2018-05-25T13:28:12","guid":{"rendered":"http:\/\/www.dekuzu.com\/en\/?p=2183"},"modified":"2018-05-25T13:28:12","modified_gmt":"2018-05-25T13:28:12","slug":"strengthening-the-press-through-copyright-why-a-publishers-right-is-required","status":"publish","type":"post","link":"https:\/\/www.dekuzu.com\/en\/2018\/05\/strengthening-the-press-through-copyright-why-a-publishers-right-is-required.html","title":{"rendered":"Strengthening the Press Through Copyright \u2013 why a publisher\u2019s right is required"},"content":{"rendered":"

The briefing note<\/a> by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the \u2018Proposed DSM Directive\u2019 is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.<\/span><\/p>\n

<\/p>\n

Currently, the InfoSoc-Directive affords these rights, inter alia, to phonogram producers for their phonograms, to the producers of the first fixations of films for their films and to broadcasting organizations for fixations of their broadcasts. Each of these producers operate as media disseminators that produce \u2018fixations\u2019 of works which may contain material that is protected by copyright itself, for instance the script of a film or the melody of a song. The same applies to the fixation of press publications which contain copyright-protected literary works and images.<\/span><\/p>\n

In line with the existing rights for the other media disseminators, the \u2018press publication\u2019, which shall be protected, is defined as \u2018a fixation of a collection of literary works of a journalistic nature, which may also comprise other works or subject-matter and constitute an individual item within a periodical or regularly-updated publication under a single title\u2019. In addition, this publication must have \u2018the purpose of providing information related to news or other topics and published in any media under the initiative, editorial responsibility and control of a service provider\u2019 (Article 2 (4) of the Proposed Directive).<\/span><\/p>\n

According to Article 11 (2) of the Proposed Directive, the Publisher\u2019s Right shall not affect any rights already provided to authors and other right holders. Neither may the Publisher\u2019s Right be invoked against these right holders. Article 11 (3) of the Proposed Directive clarifies that all exceptions and limitations to copyright under Article 5 to 8 of the InfoSoc-Directive and under the Orphan Works Directive shall also apply to the publisher\u2019s right. Pursuant to Article 11 (4) of the Proposed Directive, the Publisher\u2019s Right shall expire 20 years after the publication of the press publication.<\/span><\/p>\n

The Publisher\u2019s Right pursuant to Article 11 of the Proposed Directive is justified and adequate against its economic background and legal environment.<\/span><\/p>\n

First of all, the Publishers\u2019 Right addresses a substantial market failure: today, new technical opportunities for the mass exploitation of press publications go hand in hand with strong economic incentives for companies to take advantage of these technical opportunities, and add up to detrimental effects for press publishers in Europe:<\/span><\/p>\n