Press publishers’ related right

The related right of press publishers and news agencies is an exclusive right, created by the Act of 24 July 2019 transposing Article 15 of Directive (EU) 2019/790, which makes the reproduction and communication to the public of press publications by online public communication services subject to authorisation (Articles L. 218-1 et seq. of the French Intellectual Property Code). Its purpose is to rebalance the sharing of value between publishers and the platforms, search engines and aggregators that reuse their content.

Holders and subject matter

The right belongs to press publishers and news agencies, within the meaning of press law, in respect of their press publications, that is, collections composed mainly of literary works of a journalistic nature, published under a common title and updated periodically. Scientific and academic publications are excluded. The protected subject matter is the publication as such, independently of the rights of journalists over their articles, which survive.

Acts covered and exceptions

Authorisation is required for any reproduction or communication to the public, in digital form, by an online public communication service. The right does not, however, apply to acts of hyperlinking, nor to the use of individual words or very short extracts of a publication, provided that such use does not substitute for the publication itself or relieve the reader of the need to refer to it. The scope of this proviso lies at the heart of the negotiations. The right is assignable and may be subject to collective management, several organisations having been set up for that purpose.

Term and the journalists’ share

The right expires two years after 1 January of the calendar year following first publication, a very short term compared with the term of related rights of the traditional kind. Journalists and other authors of the works incorporated in the publication are entitled to an appropriate and equitable share of the remuneration received by the publisher, set by collective agreement or, failing that, by a joint committee.

Negotiation and litigation

The Act requires online services to provide publishers with the information relating to the uses of their publications that is needed to assess the remuneration. Faced with refusals to negotiate, the French Competition Authority was seised on the ground of abuse of a dominant position and imposed injunctions to negotiate in good faith, so that competition law has proved to be the main lever for the effectiveness of the related right. On the civil side, exploitation without authorisation constitutes an infringement falling within the jurisdiction of the judicial courts, sanctioned in the same way as the other related rights. The interaction with the quotation exception and press review remains debated.

Key points

The press publishers’ related right makes the online reuse of press publications subject to authorisation, with the exception of hyperlinks and very short extracts, for two years from publication. Its effectiveness rests on the duty to negotiate in good faith, policed by the French Competition Authority, and on transparency as to uses. A publisher should document the reuses and demand the usage data before negotiating. An online service should make sure that the extracts reused remain very short.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats is a patent litigation firm. Matters outside that field, such as trade marks, designs, copyright and IT contracts, are handled by practitioners the firm works with regularly, and by the firm itself when they arise in a patent dispute.

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