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

See all articles by Silvia Scalzini

Silvia Scalzini

Luiss Guido Carli University - Department of Law

Date Written: April 17, 2015

Abstract

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

Scalzini, Silvia, Is There Free-Riding? A Comparative Analysis of the Problem of Protecting Publishing Materials Online in Europe (April 17, 2015). Journal of Intellectual Property Law & Practice, Vol. 10(6), p. 454-464, 2015, Available at SSRN: https://ssrn.com/abstract=2941041

Silvia Scalzini (Contact Author)

Luiss Guido Carli University - Department of Law ( email )

via Parenzo, 11
Rome, Rome 00198
Italy

HOME PAGE: http://www.luiss.it

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