The EU press publishers’ right: where do Member States stand?

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.

Australia's News Media Bargaining Code and the global turn towards platform regulation

“…The right came into force in June 2019 and all Member States are expected to have implemented the reform by June 2021. However, as Frugal (2021, p. 2) explains, ‘the majority of the Member States still have a long way to go before the press publishers' right becomes national law’.…”

“…As a result, jurisdictions across the world are considering employing the Australian approach. Frugal (2021, p. 7) notes that calls for Australian‐style negotiations are ‘getting louder’ in Europe. Evidence of this is seen in emerging policy discourses coming from Denmark.…”