Is There Free-Riding? A Comparative Analysis of the Problem of Protecting Publishing Materials Online in Europe
Journal of Intellectual Property Law & Practice, Vol. 10(6), p. 454-464, 2015
Posted: 28 Mar 2017
Date Written: April 17, 2015
The article focuses on the questioned legitimacy of the activity of search engines and news aggregators in indexing and displaying news and articles. This matter has been debated on various occasions in Europe, in litigation, legislation and even competition. The discussion has mostly focused on the application of copyright law to such conduct, with special attention given to the nature of linking and publishing extracts of text.
The fundamental question that legal policy-makers should ask is whether the activity of new intermediaries is purely ‘parasitic’ or whether it helps to foster development and innovation. To what extent should it be blocked or enhanced?
After an overview of the functioning of new intermediaries, the problem is considered from an economic and political perspective. The article then examines the effects of existing case law, concluding with an analysis of the different models of regulation put in place by some European countries and their effectiveness.
Keywords: Online Press Publishing, European Copyright, Copyright Law, News Intermediaries, Aggregators, News, Ancillary Copyright for Press Publishers, Case-Law Comparative Analysis, Directive 2001/29, Communication to the Public, Linking, Exceptions and Limitations
JEL Classification: K11, O34
Suggested Citation: Suggested Citation