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Why Article 15 of the Directive on Copyright in the Single Digital Market is a bad idea (Opinion)

Danbury, R. ORCID: 0000-0002-0427-2260 (2021). Why Article 15 of the Directive on Copyright in the Single Digital Market is a bad idea (Opinion). European Intellectual Property Review, 2021(11),

Abstract

This opinion looks at Article 15 of the Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers’ right. Article 15 creates a right ancillary to copyright that benefits some publishers. It is triggered when some agents perform some online acts in respect of some specific content: in brief, online reproduction and making available news content produced by news publishers by commercial internet concerns. The opinion argues that Article 15 is deficient. Amongst other criticisms that can be made of the provision, the one made here is that the rationales for its passing contained the recitals of the Directive are unconvincing given the nature of the right, and consequently it unduly benefits commercial news publishers. Moreover, the way Article 15 was passed reflects poorly on the European legislature.

This work is drawn from the author’s blog post on the Kluwer Copyright Blog and ultimately from his work as research associate on the AHRC-funded Copyright and News project at CIPIL, University of Cambridge.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in European Intellectual Property Review following peer review. The definitive published version will be available online on Westlaw UK.
Subjects: J Political Science > JN Political institutions (Europe)
K Law
Departments: School of Arts & Social Sciences > Journalism
Date available in CRO: 07 Sep 2021 14:33
Date deposited: 7 September 2021
Date of acceptance: 3 August 2021
Date of first online publication: 1 October 2021
URI: https://openaccess.city.ac.uk/id/eprint/26701
[img] Text - Accepted Version
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