Thursday, September 24, 2020
Silvia Scalzini, Luiss Guido Carli University Department of Law, is publishing The New Related Right for Press Publishers: What Way Forward? in Handbook of European Copyright Law (Eleanora Rosati, ed., Routledge, 2020) (Forthcoming). Here is the 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.
Download the essay from SSRN at the link.