YEAR 2023 No 3 Volume 32

ISSN 2182-9845

Press publishers' rights in the Digital Age: Challenges and opportunities for legal and policy frameworks

Bzhar Abdullah Ahmed / Hemdad Faisal Ahmad

Keywords

Press Publishers; Digital Single Market Directive; Publishers’ Right; Freedom of Information; Neighbouring Rights.

Abstract

This research critically examines the new related right known as press publishers’ right introduced by the European Union. Press publishers right refers to a legal concept that grants publishers of news articles and other publications the right to control the use of their content on digital platforms. The concept is also known as the “neighbouring right” or the “snippet tax”. The article introduces the notion of the right and the rationale behind its introduction. There are various reasons for the introduction of this right and the author undertake a qualitative approach to a thorough investigation that reveals that the introduction of this right was necessary due to a significant decline in the revenue for press publishers. The authors also reveal that there are still continuous debates on the necessity of having this right. It is believed that the existence of this right will have a negative impact on the free flow of information on the internet. However, the protection of this right could be justified by the principles underlying the protection of intellectual property rights.

Table of contents

1. Introduction
2. The Concept of Press Publishers’ Right         
2.1. Definition  
2.2. Exclusions from the Scope of the Press Publishers’ Right   
3. Rationale of the Press Publishers’ Right
3.1. Reasons and Purposes for the Introduction of the Press Publishers’ Right  
3.2. Main Concerns
4. The Intended Beneficiaries of the Press Publishers' Right
4.1. Press Publishers
4.2. Authors of Journalistic Content      
5. What the Press Publishers’ Right Entails
5.1. Protected Input and Subject-Matter
5.2. Exclusive Rights
5.3. Remuneration for the Authors
6. Principles Underlying Protection of Press Publishers’ Right
7. Conclusion
List of References
Case Law