Final report on the consultation for a publisher’s neighbouring right; no opposition to granting publishers a right to be remunerated along with authors for uses authorised under agreements with RROs

Alongside with yesterday’s release of the legislative package on the Review of the Copyright rules the EU Commission also published its report on the results on the public consultation “on the role of publishers in the copyright value chain” conducted in the first half of this year. The objective regarding publishers was to gather views in particular on the impact for a  EU neighbouring right for publishers. Regarding the neighbouring right for publishers 3957 replies had been received while coming from all Member States with highest participation coming from France, Germany, UK and non-EU countries. Moreover, interestingly the highest share of replies came from end users/consumers/citizens.
 
Pointing out to the situation followed by the CJEU decision in the HP-Belgium/Reprobel case as regards ‘publishers’ ability to receive compensation for uses under exceptions’ publishers called for a solution, irrespectively of the granting of a neighbouring right, by an legislative intervention at EU level. The CMO’s representing authors and publishers (RRO’s) as well as CMO’s representing authors also asked for an EU intervention to solve the situation as regards to publishers ability to be compensated under exceptions. Interestingly, also the majority of online service providers (advertising, hosting and others, such as search engines and social networks) stated that they were open to a targeted solution allowing the sharing of compensation stemming from exceptions among publishers and authors, but opposed a general publishers neighbouring right.
 
The results show that the vast majority of newspaper/magazine publishers, all in favour of a neighbouring right, stated to face problems when licensing online uses of their press or print content on the basis of rights transferred or licensed to them by authors. Journalists were supportive of the publishers concern regarding the before mentioned CJEU decision and open to introducing a neighbouring right which should be subject to collective management. 
 
The report of the EU Commission on the consultation is available here.