The New German Publisher’s Right – A Violation of European Law? A comment
(2013) Queen Mary Intellectual Property Journal
10 Pages Posted: 30 Aug 2021
Date Written: October 4, 2013
Abstract
Recently, and in the face of massive criticism, the German legislator introduced a new neighbouring right that will grant news publishers the right to authorize or prohibit the use of news items by search engines. The comment takes the view that this new right violates European law in affording protection against the use of information that goes above and beyond the freedom provided under the Database Directive and that therefore courts must refuse to apply it.
Keywords: Database Rights, Publishers Rights
JEL Classification: K39
Suggested Citation: Suggested Citation
Westkamp, Guido, The New German Publisher’s Right – A Violation of European Law? A comment (October 4, 2013). (2013) Queen Mary Intellectual Property Journal , Available at SSRN: https://ssrn.com/abstract=3899244 or http://dx.doi.org/10.2139/ssrn.3899244
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