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Neighbouring rights for publishers: are national and (possible) EU initiatives lawful?

Neighbouring rights for publishers: are national and (possible) EU initiatives lawful?
Neighbouring rights for publishers: are national and (possible) EU initiatives lawful?
To tackle the financial difficulties facing the newspaper industry, different solutions have been advanced in Europe. These have resulted in either the conclusion of consensual agreements or the adoption of national legislative initiatives to create sui generis rights over news content. Currently also the EU Commission is considering whether a neighbouring right for publishers – whether in the press sector alone or also other sectors – should be proposed for adoption at the EU level. This contribution discusses: (1) the compatibility with EU law of national legislative initiatives that have resulted in the creation of sui generis rights for press publishers; and (2) whether a neighbouring right for publishers may be adopted at the EU level and, if so, what changes of the copyright acquis are required. It concludes that, while the former may be contrary to Member States’ obligations under EU law, the latter may be pursued by amending relevant Directives.
0018-9855
569-594
Rosati, Eleonora
bd04e7f8-e14b-4e43-975e-77bc5abaa8a4
Rosati, Eleonora
bd04e7f8-e14b-4e43-975e-77bc5abaa8a4

Rosati, Eleonora (2016) Neighbouring rights for publishers: are national and (possible) EU initiatives lawful? International Review of Intellectual Property and Competition Law, 47 (5), 569-594. (doi:10.1007/s40319-016-0495-4).

Record type: Article

Abstract

To tackle the financial difficulties facing the newspaper industry, different solutions have been advanced in Europe. These have resulted in either the conclusion of consensual agreements or the adoption of national legislative initiatives to create sui generis rights over news content. Currently also the EU Commission is considering whether a neighbouring right for publishers – whether in the press sector alone or also other sectors – should be proposed for adoption at the EU level. This contribution discusses: (1) the compatibility with EU law of national legislative initiatives that have resulted in the creation of sui generis rights for press publishers; and (2) whether a neighbouring right for publishers may be adopted at the EU level and, if so, what changes of the copyright acquis are required. It concludes that, while the former may be contrary to Member States’ obligations under EU law, the latter may be pursued by amending relevant Directives.

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Accepted/In Press date: 21 June 2016
e-pub ahead of print date: 11 July 2016
Published date: August 2016
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 401278
URI: http://eprints.soton.ac.uk/id/eprint/401278
ISSN: 0018-9855
PURE UUID: 61ed5bfe-1175-4f5c-bb5f-2561036bebb9
ORCID for Eleonora Rosati: ORCID iD orcid.org/0000-0002-7357-5978

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Date deposited: 11 Oct 2016 14:57
Last modified: 15 Mar 2024 05:57

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Author: Eleonora Rosati ORCID iD

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