Article 11 of the proposed EU copyright reform/expansion

Also called: “Link Tax”, Snippet Tax, Publishers’ Right, Neighbouring Right, Ancillary Copyright, Leistungsschutzrecht, Canon AEDE

Commission proposal Anyone using snippets of journalistic online content must first get a license from the publisher. This new right for publishers would apply for 20 years after publication. Example:

The automatic link previews social networks generate when users share links (showing the article headline, a thumbnail picture and a short excerpt) would require a license, as well as anyone analysing news content on the web like news aggregators, media monitoring services and fact checking services. Intent:

The Commission wants to generate income for European publishers by allowing them to charge internet platforms for displaying snippets of their content to users. Stated targets are Google, Facebook, Twitter and Pinterest, who use such snippets in the course of linking to news articles.

Consequences Likely to fail: This is an attempt to replicate at an EU level an idea that already failed badly in Germany and Spain – only applied more broadly and longer. The German law is likely about to be pronounced invalid in court, while the Spanish one “clearly had a negative impact on visibility and access to information in Spain” (EPRS). Journalists certainly never saw additional remuneration. Attack on the hyperlink: Because readers need to know what a link leads to before clicking, sites almost always include a snippet of the linked-to content as part of a link. Any limitation on snippets is therefore a limitation on linking. Limiting freedom of expression and access to information: This provision would restrict not just businesses, but also individuals who publish news snippets, e.g. bloggers. Because a neighbouring right, unlike a copyright, doesn’t require originality to apply to content, it would protect even short and uncreative snippets, such as purely factual headlines. Boosting fake news: Making it legally risky or expensive to link (with snippets) to news risks disincentivising the sharing of reputable news content. Since “fake news” and propaganda outlets are unlikely to charge for snippets, their content could as a result become more visible on social networks. News-related startups discouraged, even though this sector is in particular need of innovation and experimentation to find new business models, ways of reaching audiences, fact-checking and combating fake news etc., as technology advances. Small publishers disadvantaged: Aggregators create a level playing field for independent publishers with less brand recognition to reach audiences. In conflict with the Berne Convention, an international treaty that guarantees a right to quote news articles and create “press summaries”

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