En närstående rättighet för presspublikationer på den digitala inre marknaden - En studie av artikel 15 i direktiv (EU) 2019/790 om upphovsrätt och närstående rättigheter på den digitala inre marknaden
Sammanfattning: In today's digitized society, publishers of legacy printed media face major financial hardships in the sale of newspapers and other magazines. Thus, most publishers today have made their publications available to readers online. However, digital revenues do not make up for the losses that the publishers suffer from the decreasing sales of printed media. This can in part be attributed to the fact that publishers' publications do not enjoy a copyright protection. Thus, it is usually very costly and ineffective for a publisher to prevent undue use of their publications in the digital sphere. Furthermore, publishers are disgruntled with what they consider to be an exploitation of their publications by a new form of online service providers, namely search engines and news aggregators. On March 26, 2019, the European Parliament adopted the Copyright Directive on the digital single market. The directive is part of the Commission's strategy to create a well-functioning digital single market within the European Union. Article 15 of the directive introduces a new related right for publishers of press publications with the purpose of halting the economic downward trend for newspaper media and ensure a diverse and high-quality press. The article gives publishers an exclusive right to reproduction and making their publications available to the public online. In this way, the legislature hopes that publishers can better protect and assert their rights to their publications, both against actors who illegally upload their publications, search engines and news aggregators. The purpose of this thesis is primarily to investigate how the introduction of Article 15 will affect applicable EU copyright law. In addition, the thesis will also describe the current legal situation for press publications in copyright and the development of the digital internal market and how this has affected EU copyright. The research within the thesis shows that current EU law does not allow for a protection of press publications, neither as a copyrighted work nor as an item under the related rights. However, publishers have never been completely powerless. By the derivative right transferred to the publisher from the authors whose works are included in the publication, the publisher can practically protect his publications as a work under copyright. However, with the introduction of Article 15, publishers are granted a true right to their publications regardless of the derivative right from the authors. Thus, are press publications guaranteed a minimum protection. However, the new related right for press publications are comparatively weaker than similar related rights in EU law today. The protection covers only two exclusive rights, the right of reproduction and the right of making available to the public. Furthermore, these exclusive rights can only be asserted against the transgressions by service providers of their work on the Internet. Furthermore, Article 15 contains unique restrictions on the protection of press publications that further narrows its scope. The article also leaves considerable room for interpretation for many of its provisions, which at present makes the application of the article quite unpredictable. The exact meaning and scope of the protection is therefore unclear.
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