Brussels
09 March 2017
Reporter: Barney Dixon
Malta MEP rejects 20-year link right
A member of European Parliament for Malta, which also holds the presidency of the council, has called for the rejection of the publisher’s right contained in the European Commission’s proposals for a Digital Single Market.

In a European Parliament report issued on 7 March, Therese Cachia said rights holders should be given a “presumption of representation of authors of literary works” and “the legal capacity to sue in their own name when defending the rights of such authors”, rather than a neighbouring right.

The EU’s proposed link right would allow publishers to secure licence fees from search engines and other intermediaries who use their content for up to 20 years from publication.

Cachia said: “Press publishers do face challenges in the digitalisation process of business and consumer habits. Digitalisation makes it easier for content found in press publications to be copied or taken.”

“Using digital technology to copy and make one’s own news and press content that is created by others is clearly disproportionately harmful to the financial interests of press publishers.”

She added: “For this purpose, press publishers are given the right to bring proceedings in their own name before tribunals against infringers of the rights held by the authors of the works contained in their press publication.”

Speaking in a statement on 8 March, European newspaper and magazine publishers’ associations, including the European Magazine Media Association and the European Publishers Council, disagreed with Cachia's assessment.

“[Cachia] has bypassed the fundamental issue that the commission addressed in their proposal that the law should recognise that publishers own the content they publish and make available”.

“She fails to address the problem, which her own group identified in their position paper, namely, the relationship between publishers and news aggregators and search engines.”

“A legal standing through a neighbouring right is more straightforward than her construct which incentivises litigation over negotiation,” they added.

The associations have called on members of European Parliament to “agree on the importance of a legal standing for press publishers, in the form of a publisher’s right”, because it would help bring “those who wish to use our content commercially to the table to negotiate with us for licenses so that the digital ecosystem can be sustainable and work for everyone: the content creators, the distributors and the consumers”.

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Alibaba secures defamation verdict against counterfeiter
25 July 2017 | Shanghai | Reporter: Mark Dugdale
A pet-food vendor who sold counterfeit cat food via the Taobao marketplace has been found guilty of defamation in China, according to Alibaba Group
Kodi crackdown continues
25 July 2017 | London | Reporter: Katherine Brown
Authorities arrested a man in Derby and seized more than 40 illegal streaming devices in London as part of a country-wide crackdown on Kodi and similar boxes
CITMA calls for continuation of rights post-Brexit
24 July 2017 | London | Reporter: Barney Dixon
The Chartered Institute of Trade Mark Attorneys has asked that all of its current members to be able to continue to represent clients at the EU Intellectual Property Office after Brexit
Dark web marketplace AlphaBay shut down
21 July 2017 | Washington DC | Reporter: Barney Dixon
The US government has seized AlphaBay, the largest online ‘dark market’ that was used by hundreds of thousands of people to trade illegal goods
Congressmen Issa and Goodlatte hit out at Judge Gilstrap
20 July 2017 | Washington DC | Reporter: Mark Dugdale
Two members of the House judiciary committee have criticised Judge Rodney Gilstrap for his interpretation of TC Heartland v Kraft Foods
PIPCU puts the brakes on car counterfeits
20 July 2017 | London | Reporter: Barney Dixon
The City of London Police Intellectual Property Crime Unit has seized more than 200 Audi and Volkswagen car parts worth tens of thousands of pounds
.Amazon could be up for grabs
19 July 2017 | Los Angeles | Reporter: Barney Dixon
Amazon could finally claim the .Amazon domain after it succeeded in an independent review on ICANN’s decision to deny its applications