van Eechoud, M.M.M.

English

The proposed Copyright in the Digital Single Market Directive(COM(2016)593) of July 2016 would introduce a EU wide new intellectualproperty right for publishers of press publications, or ‘PIP’. Publisherswould have the exclusive right to authorize or prohibit any reproduction(in whole or in part, direct or indirect) and making available to the publicof ‘press publications’, for a period of 20 years.This study examines the justifications for the proposed new PIP, andassesses how it would fit in the EU copyright framework. In this study,special attention is paid to the freedom of expression dimension, for tworeasons. One is that the most important justification advanced in supportof a publisher’s right is that it promotes a sustainable quality press and media pluralism. The vital role that the press play in democratic societiesas public watchdog and forum for public debate — is a key consideration— in the interpretation of the fundamental right to freedom ofexpression as guaranteed under the European Convention on HumanRights and the Charter of Fundamental Rights of the EU. The secondreason is that the introduction of an intellectual property right, i.e., anexclusive right to control information flows, itself constitutes an interferencewith freedom of expression. The main recommendation is that theEU legislator should elaborate a clear assessment of what pressing socialneed a PIP would serve, of the PIP’s proportionality and of alternativesolutions (other than merely the option to encourage stakeholder dialogue,cf. the Impact Assessment). This is especially important because,for news and other public interest information, the European Court ofHuman Rights (ECtHR) upholds a strict standard of scrutiny. Any regulatoryintervention must comply with the right to freedom of expression,as laid down in article 10 ECHR / 11 CFR

International Migration, Integration and Social Cohesion online publications

A publisher’s intellectual property right:Implications for freedom of expression, authors and open content policies

https://pure.uva.nl/ws/files/36128252/OFE_Implications_of_publishers_right.pdf

A publisher’s intellectual property right:Implications for freedom of expression, authors and open content policies

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International Migration, Integration and Social Cohesion online publications