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Absurd demands by the German collecting society for the press publishers   12/11/2021 by Till Kreutzer

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The collecting society Corint Media (formerly VG Media) is claiming 420 million euros from Google Germany for the year 2022. It is demanding 11% of the total revenues generated by the search engine provider in Germany. These revenues are to be used to remunerate press publishers for the use of their content under the ancillary copyright. Corint ignores the fact that the Copyright Arbitration Board had already clearly rejected a similarly calculated demand in 2015. Read more

Google signs contracts with a handful of French press publishers   24/11/2020 by Tom Hirche

France has already introduced an ancillary copyright for press publishers. Google was instructed by the state to enter into negotiations with the press publishers. The first contracts have now been signed. Read more

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The EU copyright directive and its potential impact on cultural diversity on the internet   04/02/2020 by Till Kreutzer

On July 6, the EU adopted the Directive on Copyright in the Digital Single Market (DSM Directive), following heated discussions of Articles 15 (formerly 11) and 17 (formerly 13) in particular. In Germany, tens of thousands of people took to the streets to demonstrate against the planned legislation in the lead-up to the vote in the European Parliament in March. Article 17 imposes much stricter liability on platforms such as YouTube. In the future, for example, these platforms will have to obtain permission from copyright holders for music videos uploaded by users. If they fail to do so, they will have to ensure that the content in question is not available on their service. The directive still needs to be transposed into the national legislation of the member states of the European Union by June 2021. Read more

Copyright Directive will not be implemented in the UK   28/01/2020 by Tom Hirche

While answering a written parliamentary question, the United Kingdom's Minister for Universities, Science, Research and Innovation, Chris Skidmore, has revealed that the government will not implement the EU's Copyright Directive in UK law. Read more

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French publishers make a fool of themselves by demanding compulsory licence   29/11/2019 by Tom Hirche

French press publishers were granted their own ancillary copyright a month ago. So far, they have not been able to generate any significant income. With an antitrust complaint against Google, they now believe they can change this. A misbelief. Read more

France: Google Search Will Only Display Headlines of Press Publications   26/09/2019 by Tom Hirche - Till Kreutzer

France will soon introduce an ancillary copyright for press publishers. Google has now announced that it will by default no longer display snippets in its search results. But publishers will be able to change this by themselves. Read more

ECJ rules German ancillary copyright for press publishers to be ineffective!   12/09/2019 by Tom Hirche

In Germany, the ancillary copyright for press publishers came into force on 1 August 2013. Today, after just over six years, the European Court of Justice (ECJ) has declared it inapplicable with retroactive effect. The reason is an error in the legislative process that was widely known. Read more

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How Article 17 of the EU Copyright Directive threatens Let's Play and Walkthrough Culture   29/08/2019 by Till Kreutzer

Article 17 of the new EU Copyright Directive tightens the liability of platform providers such as Youtube. Creative content from legal grey areas might disappear from the net. This especially applies to gaming videos such as Let's Plays or Walkthroughs. Read more

European Copyright Roundtable to Ensure Uniform Implementation of Directives   26/06/2019 by Tom Hirche

The new EU Copyright Directive entered into force on 6 June 2019. From that date on, Member States will have exactly two years to transpose all requirements into their national law. A roundtable will help to curb legislative solo attempts. Read more

US Publishers' Study: Google Allegedly Generates Billions in Revenue with News   20/06/2019 by Tom Hirche

According to a study by the US publishers' association News Media Alliance, in 2018 alone Google generated revenues of 4.7 billion US-dollars from news content without paying for it. According to the publishers, this has to change in the future. Read more

Council lets copyright reform pass – The die is cast   16/04/2019 by Tom Hirche

The controversial EU directive on copyright reform has been adopted. On April 15, 2019, the majority of EU member states voted in favour of the directive. Germany additionally submitted a protocol declaration. Read more

Fateful Day: EU Parliament Approves Copyright Reform – No Amendments Made   26/03/2019 by Tom Hirche

Today, the Members of the European Parliament voted in favour of the copyright reform – including the obligation for upload filters and an ancillary copyright for press publishers. Read more

Reda: "You'll wish the mails had all come from bots."   06/03/2019 by Tom Hirche

The way is clear for the final vote of the European Parliament on the copyright reform. On 27 February, a majority of its Legal Affairs Committee (JURI) voted in favour of the negotiated compromise. However, EU citizens' criticism of the plan is growing louder and louder - just before the European elections. Read more

Council of Ministers approves compromise on copyright reform   24/02/2019 by Tom Hirche

On Wednesday, government representatives of the EU member states approved the compromise on the Copyright Directive in the Council of Ministers. The reform has thus taken another hurdle. But the big showdown is still to come. Read more

EU institutions agree on final text of Article 11   14/02/2019 by Tom Hirche

Last night, the trilogue negotiations on the proposed EU copyright reform were concluded. One result of these negotiations is an ancillary copyright for press publishers which is very similar to the German regulation but will cause even greater damage. This can still be prevented! Read more

Yet another independent study bashes Article 11   12/02/2019 by Tom Hirche

Today, the final report of the so-called Cairncross review was published. It thoroughly looks at how to sustain the production and distribution of high-quality journalism in the UK. In doing so, some interesting points regarding an ancillary copyright for press publishers are raised. Read more

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Increasing number of rightholders reject EU copyright reform   08/02/2019 by Tom Hirche

The Romanian Council Presidency still tries to reach a compromise with the Member States on the planned directive on copyright reform. Meanwhile, more and more influential rightholders are now denying their support, putting additional pressure on politicians. Read more

Broad coalition of 89 organisations calls for deletion of Article 11 and 13   30/01/2019 by Tom Hirche

The trilogue negotiations on the upcoming copyright Directive are still stuck. EDRi has taken this opportunity to send out an open letter to the negotiators that not only we but also numerous international and Europe-based organisations have co-signed. Read more

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Dispute between EU states brings negotiations to a halt   22/01/2019 by Tom Hirche

Representatives of the Member States in the European Council have not yet managed to reach a compromise. The trilogue negotiations are therefore continuing to drag on indefinitely. That gives cause for hope. Read more

Article 11: Negotiations did not bring any improvement so far   18/01/2019 by Till Kreutzer

Originally, the European Commission, the European Parliament and the European Council wanted to finalise the text of the planned Copyright Directive by the end of 2018. However, this goal was clearly missed so that negotiations were resumed last week. Read more

Advocate General considers German ancillary copyright law invalid   20/12/2018 by Tom Hirche

The many years of discussion and numerous court proceedings concerning the German ancillary copyright law for press publishers are likely to come to an abrupt end shortly. In his opinion, the Advocate General at the European Court of Justice declared the relevant provisions inapplicable. Read more

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No political consensus in 2018   17/12/2018 by Tom Hirche

The last trilogue negotiations for this year between representatives of European Parliament, European Commission and European Council took place last week. Again, an overall agreement could not be reached. Read more

"Other nations should be wary of following the EU’s lead on this particular initiative."   23/11/2018 by 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. Read more

Room for interpretations could lead to Spanish conditions   31/10/2018 by Tom Hirche

Representatives of the European Commission, the Council and the Parliament are currently negotiating a compromise solution for the new Copyright Directive. Unfortunately, it can be assumed to be certain that this Directive will contain an ancillary copyright for press publishers. However, the exact wording is not final yet. The devil is in the detail as the Parliament's proposal shows. Read more

The internet has lost   12/09/2018 by Tom Hirche

Today, the European Parliament held its second vote on copyright in the digital single market and it took the worst possible outcome. Amendments to delete article 11 altogether or to alter it into a rule of legal presumption were rejected by a large majority. Instead, MEP Axel Voss's latest proposal for an ancillary copyright for press publishers was adopted. The same goes for his proposal that aims to introduce upload filters in the EU. Read more

Voss still ignores criticism and does not move an inch   10/09/2018 by Tom Hirche

Although summer break has just ended, the next important vote at EU level is already coming up. Members of the European Parliament must agree on a common position on the proposed copyright reform. A key role here is played by MEP Axel Voss (EPP, Germany), rapporteur on the JURI Committee, who despite all criticism is unwilling to back away from his proposal. Read more

Introduction of Ancillary Copyright for Press Publishers now a "Question of Life and Death"   31/08/2018 by Tom Hirche

Before the summer break in Brussels and Strasburg had officially ended, members of the European Parliament got hit by the latest lobbying campaign by press agencies and publishers. With blatant lies and twisted truths they once again called on MEPs to support the widely discussed ancillary copyright for press publishers. Supporting arguments based on actual facts are absent just like they have been in the past. Read more

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Svoboda on link tax: "I do not see any positive consequences for anyone"   07/08/2018 by Tom Hirche

In July 2017, the European People's Party (EPP) had adopted a joint position that fully endorses the Commission's plan for the introduction of an ancillary copyright for press publishers (link tax). But this has not changed the fact that party members are against this new right and actively try to prevent it. With MEP Svoboda, a very influential one has publicly renewed his criticism. Read more

JURI report gets rejected by EP majority   05/07/2018 by Tom Hirche

It was only two weeks ago, when the JURI Committee had finally adopted its report on the upcoming copyright reform. Today, it was rejected by the majority of the European Parliament that withdrew MEP Axel Voss's negotiation mandate. An important step on the way to prevent the EU from causing severe damage to the free flow of information. Read more

JURI supports link tax but plenary can still fix copyright   21/06/2018 by Tom Hirche

Last Wednesday on June 20, the European Parliament Committee on Legal Affairs (JURI) voted on the Commission's proposal for a new copyright directive. Unfortunately, the ancillary copyright for press publishers as stipulated in article 11 was adopted with only little suggested changes. But it looks like this has not been the final vote yet. Read more