A comparative analysis of the new EU press publishers’ right

Abstract

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.