Directive Copyright in the Digital Single Market The impact of Article 11 - publisher rights

The impact of ancillary rights in news products

On 14 September 2016, the European Commission released its proposal on Copyright in a Digital Single Market. Article 11 provides for an ancillary right for news publishers. Such ancillary rights have been discussed (and rejected) in Austria and France, and introduced in Germany and Spain. Because the Commission’s proposal creates an “exclusive” right and not a compensation claim, it is closer to the German right than to the Spanish one. It is nevertheless broader in scope. It covers not just “news aggregators” but all “digital uses”. It covers a broad diversity of publications, including blog posts, far beyond printed press publications. It lasts for a full 20 years and applies retroactively to past publications.

This briefing gathers the well-documented negative consequences of such new rights for media pluralism, consumers, innovation and even for news publishers. Based on academic literature and empirical evidence, it demonstrates how digital services are a net benefit for news publishers, consumers and media pluralism. We hope to contribute to an open and evidence-based policy making process. All research cited – economic, empirical and legal – is publically available.