European Publishers Slam Delays In Implementation Of Copyright Directive
News Media Europe has slammed the late transposition of the European Copyright Directive throughout Europe after only four Member States had transposed the Directive by the deadline for implementation on Monday.
These delays threaten the sustainability of the free press, according to European press publishers, who are waiting for a clear legislative framework that allows them to set up the mechanisms needed to start licensing their content online, NME said.
The News Media Association, which is a member of NME, has called for the adoption of a press publishers’ right in the UK in order to help address commercial concerns that have been brought into sharp focus by the pandemic. The NMA is working on proposals for amendments to the Copyright, Designs and Patents Act, and are engaging in ongoing discussions with the IPO.
Wout van Wijk, director of News Media Europe, said: “While the clock is ticking, it is important that Member States introduce smart and solution-focused copyright laws. Publishers need a legal instrument to monetize the use of their content online, ensuring the availability of trustworthy, high-quality press content to European citizens”.
Holger Rosendal, Legal Director at Danske Medier, reacted: “In a context of fast-evolving technologies and new distribution models for press content, it is important to grant newsrooms better control and the flexibility to create balanced partnerships with online services.”
Only late last week, the European Commission adopted guidelines on Article 17 of the Copyright Directive (EU) 2019/790. The guidelines are supposed to help Member States interpret a key provision allowing the cultural and creative sector to claim remuneration to content sharing platforms.
News Media Europe notes that the guidelines do not exclude the possibility for press publishers to benefit from the licensing opportunities offered under Article 17. To our satisfaction, the Commission also recalls that Article 17 aims to “foster the development of the licensing market”.
NME encourages Member States to use discretion available under the Copyright Directive to support press publishers. Some Governments, such as France and Denmark, have elaborated concrete solutions in discussion with stakeholders to ensure press publishers can effectively exercise their new neighbouring right. Such solutions include reasonable copyright exceptions, the ability to negotiate collectively, remuneration guidelines, fair negotiation frameworks and third-party oversight (arbitration, mediation).
In parallel, the adoption of the Australian news bargaining code has triggered international discussions on how competition policy can complement copyright. While the French and German competition authorities are largely active on this issue, it is important that the European Union hop on the train with Digital Services Act and Digital Markets Act negotiations.