Copyright, Online News Publishing and Aggregators: A Law and Economics Analysis of the EU Reform

International Journal of Law and Information Technology 2019 (Forthcoming)

15 Pages Posted: 18 Oct 2018 Last revised: 16 Dec 2018

See all articles by Giuseppe Colangelo

Giuseppe Colangelo

University of Basilicata, Department of Mathematics, Computer Science and Economics; Stanford Law School; LUISS Guido Carli, Department of Business and Management

Valerio Torti

LUISS University of Rome; European University of Rome

Date Written: September 26, 2018

Abstract

On 12 September 2018 the European Parliament approved the new version of the proposal for a Directive on Copyright in the Digital Single Market elaborated by the European Commission in 2016. In order to address problems in protecting content and improve the bargaining position of press publishers against information society service providers, the European Commission decided to intervene on rights, introducing an additional layer of copyright, namely a new neighbouring right that will cover reproduction and the making available to the public of press publications to the extent that digital uses are concerned.

The proposed reform has produced a spate of comments and criticism, since it has for the most part been interpreted as unjustified, ineffective and damaging. In particular, the new right appears to be without economic or legal justification, since there is no evidence of a market failure which the legislation would need to solve.

The paper aims to scrutinise the world of online news and its business models, as well as the complex framework of the much-debated EU copyright reform and the overall effects of the introduction of the new right.

Keywords: ancillary copyright, Digital Single Market, neighbouring right, press publishers, online news, aggregators

JEL Classification: K10, L86, O34

Suggested Citation

Colangelo, Giuseppe and Torti, Valerio, Copyright, Online News Publishing and Aggregators: A Law and Economics Analysis of the EU Reform (September 26, 2018). International Journal of Law and Information Technology 2019 (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3255449 or http://dx.doi.org/10.2139/ssrn.3255449

Giuseppe Colangelo (Contact Author)

University of Basilicata, Department of Mathematics, Computer Science and Economics ( email )

Via dell'Ateneo Lucano 10
Potenza
Italy

HOME PAGE: http://sites.google.com/site/giuseppecolangelouni/home

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

HOME PAGE: http://law.stanford.edu/transatlantic-technology-law-forum/

LUISS Guido Carli, Department of Business and Management ( email )

Viale Romania 32
Rome, Roma 00197
Italy

Valerio Torti

LUISS University of Rome; European University of Rome ( email )

Rome, 00100
Italy

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