EMMA: Special French enforcement shows the necessity of effectively implementing the Publishers’ Right in Europe for all rightsholders, newspapers and magazine publishers alike.
It is an important first step that Google recognises the publishers’ right for the members of the Alliance de la Presse d'Information Générale (APIG), who are part of the rightsholders in France.
This happens in consequence of a special provision in the French law, in agreement with the copyright directive, which obliges Google to remunerate the publishers’ right.
It is now however of utmost importance that Google and other gatekeepers are obliged to recognize the right for all rightsholders, including newspapers and magazine and in the whole of Europe.
We therefore call on Member States to implement an effective right at national level.
Moreover, on EU level, it is indispensable that the DMA ensures that gatekeepers cannot make access to their platforms conditional to unfair terms and conditions.
A mechanism needs to be put in place which leads to an agreement about the remuneration of the right for all publishers. As such a provision is not in the DMA draft, the European Parliament and Member States are now called upon to amend the DMA accordingly. If not, the EU will hand over press freedom to the discretion of digital monopolies.