The EU Press Publishers’ Right: Where Do Member States Stand?

Journal of Intellectual Property Law and Practice (Forthcoming)

10 Pages Posted: 28 May 2021

See all articles by Ula Furgal

Ula Furgal

University of Glasgow - School of Law

Date Written: April 27, 2021

Abstract

The press publishers’ right provided in art. 15 of the Directive on Copyright in the Digital Single Market is the European Union’s response to the news media vs digital platforms clash. The right was adopted following a heated and highly polarised debate, and should become a part of Member States’ laws by 7 June 2021. Even though the deadline is less than two months away, the majority of the Member States still have a long way to go before the press publishers’ right becomes national law. This article offers an opinion on the current state of the implementation of the right. It outlines the ongoing policy discussions and decisions taken by the Member States with regard to selected aspects of the press publishers’ right, including its scope, an appropriate share of revenues due to authors, and licensing mechanisms. The article argues that the implementation of the press publishers’ right is unlikely to bring the news media vs digital platforms saga to an end, as not all uncertainties concerning the new right’s scope will be tackled, and the calls for further regulatory interventions are likely to follow.

Keywords: copyright; press publishers' right; CDSM; Digital Single Market; press publishers; news; related rights; neighbouring rights

JEL Classification: K19, O34

Suggested Citation

Furgal, Ula, The EU Press Publishers’ Right: Where Do Member States Stand? (April 27, 2021). Journal of Intellectual Property Law and Practice (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3848563

Ula Furgal (Contact Author)

University of Glasgow - School of Law ( email )

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Glasgow, Scotland G12 8QQ
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