Article 11 – Press Publishers’ Rights

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A GOOD solution for press publishing


Adopt a presumption of rights

Press publishers claim they need better mechanisms to effectively bring enforcement actions against parties who engage in wholesale copying or scraping of their published content. This problem does not require the adoption of a new right and can be usefully addressed by granting a legal presumption that press publishers are entitled to enforce the rights over the works or other subject matter that are licensed to them.

A BAD solution for press publishing


No new ancillary right should be created

The creation of a new ancillary right for press publishers will be damaging to the online and offline environment, whilst bringing no significant benefit to the publishers themselves, as demonstrated in a study done by the European Parliament services and by the Joint Research Centre of the European Commission.

No retroactivity and absurd protection terms

The proposal on the table sets a retroactivity of twenty years as regards the press publications the new right would apply to, which is a direct threat of additional costs for the preservation activities of cultural heritage institutions, that will have to pay for the third time for the preservation of news publications (once for the initial one, the second time for the format shifting from paper to digital and now a third time for this new right).

No right applicable to news snippets, short excerpts, single words and hyperlinks and anything that does meet an originality standard

Creating a right that applies to such pieces of text would be enormously damaging to the internet and more specifically to the well embedded culture of researchers that credit the authors they use and point to their sources as a matter of ethics.

No extension to non-digital, scientific publications

Such extensions have been proposed in amendment by certain members of the European Parliament and would have enormous consequences on the entire knowledge community.