A comparative analysis of the new EU press publishers’ right
Date
2022Abstract
Platform services in the online space are one of the most innovative and intensive sectors of
the global economy, with a significant competitive advantage in technology that gives them
deep technological insights into users and user habits. This enables them to deliver targeted
advertising to millions of connected end-users. Publishers who make daily news, analysis,
interviews, and reports available to their readers in their press releases are at a competitive
disadvantage compared to the technology giants mentioned above. The Digital Single
Market Directive aims to address this issue by creating a new “press publishing right.” This
paper analyses the new press publishers’ related rights from both a policy and a practical
perspective, including a brief comparison of the press publishers’ protection and the “hot
news” doctrine under the law of some US states. Platform services in the online space are one of the most innovative and intensive sectors of
the global economy, with a significant competitive advantage in technology that gives them
deep technological insights into users and user habits. This enables them to deliver targeted
advertising to millions of connected end-users. Publishers who make daily news, analysis,
interviews, and reports available to their readers in their press releases are at a competitive
disadvantage compared to the technology giants mentioned above. The Digital Single
Market Directive aims to address this issue by creating a new “press publishing right.” This
paper analyses the new press publishers’ related rights from both a policy and a practical
perspective, including a brief comparison of the press publishers’ protection and the “hot
news” doctrine under the law of some US states.