Decision of the Court of Justice of the European Union on the Copyright Protection of Press Publishers
The Court of Justice of the European Union (CJEU) addressed the question under what conditions online services can use content from press publications and whether remuneration is owed to press publishers for this. The proceedings concerned the interpretation of the EU copyright protection for press publishers and the classification of typical forms of use in the context of digital platforms and aggregation services.
Legal Background: Protection of Press Publishers and Use by Online Services
Copyright Protection for Press Publications
The EU regulations provide for an independent protection right for press publishers for the public use of press publications. This protection right is particularly applicable when third parties take over press-related content in the digital space, thereby impacting the reach and economic exploitation opportunities of the publishers.
Typical Forms of Use: Snippets, Previews, and Linking
The core of the dispute was the extent to which online offerings – such as platforms and services that curate, make discoverable, or preview content – use components of press publications, such as text excerpts or previews. A distinction is made between mere linking and a further use of protected components.
Core Statements of the CJEU Decision
Obligation to Pay Compensation for the Use of Protected Press Components
The CJEU clarifies that the use of parts of a press publication by online services can generally fall under the copyright protection of press publishers. If not merely a link is set, but elements classified as protected parts of a press publication are taken over, an obligation to pay compensation may arise.
Distinction of Permissible Uses
The decision also makes it clear that not every reference to press reports automatically requires compensation. The decisive factor is whether and to what extent content is adopted that goes beyond purely technical links. Therefore, the legal evaluation depends on the specific design of the presentation and the type of content adopted.
Classification for Publishers and Operators of Digital Services
Significance for the Exploitation of Press Excerpts in the Digital Realm
The decision emphasizes the economic significance of copyright protection in the platform environment. Under the EU prerequisites, press publishers can invoke a protection right when their content is used by third parties in a way that does not limit itself to mere linking.
Relevance for Compliance and Contract Design
For operators of online offerings, the decision can impact internal review processes and contractual foundations as soon as press-related content is used in the form of excerpts, preview texts, or comparable elements of presentation. The requirements in each case depend on the specific usage situation and the respective national implementation of the EU regulations.
Conclusion
The CJEU decision underscores that the use of press components by online services can fall within the scope of copyright protection and may trigger an obligation to pay compensation if the use goes beyond merely setting a link. Those dealing with press excerpts, aggregation, preview functions, or similar forms of presentation in a business context, and requiring clarification, can seek case-specific classification in the context of alegal consultation in copyright law with MTR Legal.
