TY - JOUR
T1 - Rethinking journalism protection
T2 - looking beyond copyright
AU - Lombardi, Claudio
N1 - The author thanks Michal Gal, Rossana Ducato, Masako Wakui, and all the participants to the Ascola 2019 conference for helpful comments on previous drafts. A special thanks to Abbe Brown for her thoughtful comments on an earlier draft of this paper. All errors are my own.
PY - 2023
Y1 - 2023
N2 - Journalism plays a crucial role in providing reliable information and holding those in power accountable. However, newspapers have experienced a significant drop in profitability, with digital platforms controlling the industry's main revenue sources being one contributing factor. To tackle this problem, the EU has granted press publishers the right to demand payment for copyright licenses from digital platforms. This article examines the nature and history of the new neighbouring right introduced by the EU Directive 790/2019 (DCSM) and considers the relationship between copyright and competition law in this area. While this move aims to enhance the bargaining power of publishers, it alone might not be sufficient to safeguard the public's right to information, freedom of speech, and a diverse news media landscape. Consequently, the effectiveness of the EU Directive will require additional regulatory measures, including bargaining codes, information-sharing mechanisms, and the implementation of specific ‘choice architectures’.
AB - Journalism plays a crucial role in providing reliable information and holding those in power accountable. However, newspapers have experienced a significant drop in profitability, with digital platforms controlling the industry's main revenue sources being one contributing factor. To tackle this problem, the EU has granted press publishers the right to demand payment for copyright licenses from digital platforms. This article examines the nature and history of the new neighbouring right introduced by the EU Directive 790/2019 (DCSM) and considers the relationship between copyright and competition law in this area. While this move aims to enhance the bargaining power of publishers, it alone might not be sufficient to safeguard the public's right to information, freedom of speech, and a diverse news media landscape. Consequently, the effectiveness of the EU Directive will require additional regulatory measures, including bargaining codes, information-sharing mechanisms, and the implementation of specific ‘choice architectures’.
U2 - 10.1080/17577632.2023.2234691
DO - 10.1080/17577632.2023.2234691
M3 - Article
SN - 1757-7632
VL - 15
SP - 90
EP - 120
JO - Journal of Media Law
JF - Journal of Media Law
IS - 1
ER -