The New Related Right for Press Publishers: What Way Forward?

Eleonora Rosati (ed.), Handbook of European Copyright Law (Routledge, Forthcoming)

18 Pages Posted: 11 Sep 2020

See all articles by Silvia Scalzini

Silvia Scalzini

Luiss Guido Carli University - Department of Law

Date Written: July 31, 2020

Abstract

Following the entry into force of Directive 2019/790/EU, a new related right has been added to the EU catalogue (Article 15). Indeed, a new right has been introduced in favour of press publishers for the reproduction and making available to the public of press publications in respect of online uses by information society service providers. The main aim of the EU reform is to support the sustainability of the press by creating a level playing field between digital services and press publishers, where the latter may find a way to recoup a return on their investments. This objective is clearly reflected in the construction of the right, which is inherently unbalanced regarding opposing rights and interests, thus risking to (further) fragmenting the consistency of EU copyright and related rights system. After a necessary review of the interests at stake, the chapter discusses the main concerns raised by the introduction of the right at the EU level. Then it moves to the analysis of the effects of the first national implementation of Article 15 on the competitive dynamics between press publishers and digital platforms. The chapter concludes with a glimpse into some conceivable ways forward to avoid inconsistencies and unintended consequences, while at the same time (possibly) fostering the fairness and the well-functioning of copyright-focused markets.

Keywords: created rights, press publishers, copyright, digital single market, news, competition law

Suggested Citation

Scalzini, Silvia, The New Related Right for Press Publishers: What Way Forward? (July 31, 2020). Eleonora Rosati (ed.), Handbook of European Copyright Law (Routledge, Forthcoming) , Available at SSRN: https://ssrn.com/abstract=3664847 or http://dx.doi.org/10.2139/ssrn.3664847

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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