Naslov
The Effectiveness of the Press Publishers’ Related Right

Autori
Matanovac Vučković, Romana

Izvornik
Iic-international review of intellectual property and competition law (0018-9855) (2021), 52; 1050-1068

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Directive (EU) 2019/790 , press publishers’ related right , implementation

Sažetak
Directive (EU) 2019/790 introduced a related right for press publishers at the European level, even though previous national legislative attempts in Germany and Spain had not been successful. France was the first country to introduce the European structure of press publishers’ right into national copyright legislation. The practical implementation of this new related right encountered a problematic response from Google, which led to a preliminary measure issued by the French competition authority on the grounds of Google’s abuse of its dominant position. This case once again calls into question the effectiveness of the press publishers’ related right, and leads to consideration of what the most important provisions to ensure the effectiveness of the related right might be. It seems that these are the provisions regulating snippets, and the model which should apply in the management of press publishers’ related rights. This paper analyses legislative and practical problems in ensuring the effective application of the related right across provisions implementing national rules in several copyright laws (French, Dutch and German) and draft laws (Croatian and Danish). It also points towards the combination of copyright and competition rules that should support the related right’s effective implementation.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA