The Competence of the EU to Create a Neighbouring Right for Publishers

A Publisher’s Intellectual Property Right. Implications for Freedom of Expression, Authors and Open Content Policies

“…The ECJ also recognizes that the likely development of diverging national measures can be a valid reason to intervene. What matters in this regard is what 'the effect of those different -present or future -national laws [is], and whether intra-EU trade represents a relatively large part of the market for the particular product at stake' (Ramalho 2016).…”

“…The most far-reaching critique of the PIP proposal is that the internal market need which it claims to address does not in fact exist (Ramalho 2016). The proposed PIP is a direct follow-on to the German and Spanish provisions that introduced authorization requirements (Germany) and payment duties (Spain) for amongst others search engines and aggregator sites that list more than naked URLs (and a few words in the case of the German provision) pointing to the content put online by publishers.…”