EU policy makers yet to justify plans to extend publishers' control over online content, says UK minister

Minister for intellectual property Baroness Neville-Rolfe outlined the government's view on proposed reforms to EU copyright law in an explanatory memorandum shared with the UK parliament's European Scrutiny Committee last month. The minister's comments have just newly been published by the Committee.

Under the EU proposals, press publications stand to gain new rights regarding the "digital use" of their content. If the legislation is introduced as currently drafted, the press will have qualified rights to control reproductions of their works or the making available of their content online for 20 years from the beginning of the year that follows publication of the material. Existing exceptions that allow copyright material to be used for free without rights holders' permission will continue to apply, however.

Under the proposed reforms, online platforms that facilitate the public's access to "large amounts" of copyright material or the uploading of other "subject-matter" by their users will be obliged to enter into licensing agreements with publishers to be able to use the content. Rights holders will be able to prohibit those platforms from using the material within those agreements, according to the proposals.

Baroness Neville-Rolfe said the European Commission has outlined the proposals in an attempt to "improve the bargaining position of press publishers when entering into negotiations with online service providers". However, she said the Commission has not "clearly justified" its plans.

The minister said: "The government values the investment publishers make in their content and the important role they play in society. Indeed, the UK copyright system already provides specific rights for publishers, which enable them to seek remuneration for the use of their publications, and other member states are free to introduce such rights. However, the Commission has not clearly justified why it believes action on publishers’ rights is required at EU level, why such rights should last for 20 years, and how such rights will interact with existing rights in countries such as the UK."

"The scope of the proposed right is unclear. Groups representing technology firms argue that this right is similar to the ‘ancillary copyright’ which was introduced in Germany and Spain, and would have similar detrimental impacts on the market," Neville-Rolfe said.

Neville-Rolfe highlighted the fact that publishers "chose to waive their rights to remuneration" in Germany under the ancillary copyright regime so as to retain visibility on Google News, and further pointed to the withdrawal made by Google of its Google News service from the Spanish market in light of the levy it faced for featuring Spanish publishers' news on its service, as evidence of the potential detrimental impacts the EU proposals could have.

"These examples highlight the risk that ancillary copyright for press publishers will not achieve the intended benefits for press publishers, while distorting the online market and having a particular impact on small online firms which are less able to absorb the associated costs," Neville-Rolfe said. "On the other hand, publishers and technology firms both appear to be content with the current rights provided to publishers in the UK."

"We will seek to clarify the scope and impact of the proposed EU-level rights, and whether or not they are compatible with, and provide additional benefits over, the rights already granted to publishers in the UK," she said.

A UK parliamentary inquiry being conducted by the Culture, Media and Sport Committee is considering the impact of Brexit on the creative industries, tourism and the digital single market, including in the area of copyright law.