Kategorie Spain

Spanish publishers want Google back and ask for help  Am 19. Dezember 2014 - 13:16 Uhr von Tom Hirche

Publikationsdatum 19.12.2014 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

The Spanish Association of Daily Newspaper Publishers (AEDE) was the driving force behind the new copyright law that forces every news service to pay a royalty for showing snippets of articles. It will come into effect on 1st January. Google reacted quickly and shut down Google News Spain on 16th December. Now the same lobbyists want Google to stay and ask for help.

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"Other nations should be wary of following the EU’s lead on this particular initiative."   Am 23. November 2018 - 15:37 Uhr von Tom Hirche

The European Commission, Council and Parliament are still negotiating the exact wording of an ancillary copyright for press publishers that will most likely be part of the upcoming EU Directive on copyright. If you have not yet heard about this new right or only a little and if you want to learn more about it, then Pamela Samuelson, who is the Richard M. Sherman Distinguished Professor of Law at Berkeley Law School, has just written the perfect article for you.

It starts with repeating the publishers' main arguments that had somehow convinced the EU legislature to become active. For example, they claimed to have difficulties "in proving copyright ownership in articles written by freelancers when suing search engines or news aggregators." They also complained that providers of search engines and news aggregators "are making money, either from advertising or from subscriptions, by providing members of the public with free access to their news, through links and snippets, without compensating the publishers who provided that news."

The same arguments had already been brought up in Germany and Spain a couple of years ago and had led to the passing of two laws that are similar to what is now being discussed on EU level. In Samuelson's words, "these laws have met with much less success than their proponents had hoped." The article elaborates on the still pending lawsuits in Germany, the publishers' struggles to receive any license fees at all and the harsh drop in traffic to Spanish news sites. Considering this, one could also say that these laws had failed miserably and exactly as predicted in the past.

As one example for the vast criticism, Samuelson quotes extracts from a profound statement to the EU Parliament that has been signed by over 200 European IP scholars. Nonetheless, there are many more arguments that in the end should leave no doubt that an ancillary copyright for press publishers is not just the wrong tool to reach the desired goal but it is outright dangerous to freedom of information.

But despite this criticism, the EU legislature is currently working out the final wording of the new right. The article presents the current state of internal discussions and what amendments have been proposed by the EU Parliament like "an exception for individual users to make 'legitimate private and noncommercial uses' of press content." When presenting certain provisions that might be in the final text, Samuelson rightfully highlights the vagueness and uncertainty they would spread.

Towards the end, she points out the "irony in the EU’s prospective adoption of a Directive aimed at promoting a 'digital single market', given that no one licensing entity exists from which technology firms can get an EU-wide license." Although this is indeed true, it could be easily fixed in the future. But what is much more relevant is another point Samuelson makes: "The new press publisher right would seem to impose significant transaction costs as well as licensing fees on individual bloggers, innovative startups, and small enterprises who may want to link to journalistic content from European sites." She is right. It is them as well as the smaller publishers who will have to fight for their economic survival. There is no logical basis as to how this is supposed to save (quality) journalism.

Cheap trick shall make us think the Spanish link tax works   Am 3. Juli 2017 - 21:54 Uhr von Tom Hirche

The Spanish link tax is indeed no success story. All it "achieved" so far is the permanent shutdown of Google News Spain which led to a large drop in publishers' site views while not accumulating a single euro. Although this situation will change with the just closed deal, it first and foremost tries to shamelessly fool us into thinking that the link tax is actually working. Weiter

New tariff will kill Spanish aggregators   Am 9. Februar 2017 - 8:37 Uhr von Tom Hirche

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Within the last couple of months, it has been very quiet about the Spanish link tax which aims to charge content aggregators a fee if they publish snippets of a news article. As a consequence, after this law was passed, Google News Spain, the main target of this measure, was shut down in 2014. But now the Spanish Reproduction Rights Centre (CEDRO) has initiated a new round of negotiations with several affected online services. The figures they ask for are shocking. Weiter

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Spanish publishers want Google back and ask for help   Am 19. Dezember 2014 - 15:14 Uhr von Tom Hirche

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The Spanish Association of Daily Newspaper Publishers (AEDE) was the driving force behind the new copyright law that forces every news service to pay a royalty for showing snippets of articles. It will come into effect on 1st January 2015. Google reacted quickly and shut down Google News Spain on 16th December 2014. Now the same lobbyists want Google to come back and ask for help. Weiter

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IGEL supports European publishers by opposing the ancillary copyright for press publishers   Am 11. Dezember 2014 - 15:17 Uhr von Till Kreutzer

As of today, associations of Polish, French, Spanish and Italian publishers dispatched an open letter to Günther Oettinger, European Commissioner for Digital Economy and Society. In the letter, the publishers express their “concerns with the recent developments in Spanish law, which directly target the sharing, linking and aggregation of content online with a new form of ‘ancillary right' triggering mandatory payments. IGEL, the Initiative against an ancillary copyright law for press publishers, supported that letter and acted as a signatory. Weiter