Spanish Publishers Defend “Collective Management” Of Copyright In The Face Of New European Directives

2021-02-01   |   by CusiGO

The Ministry of culture, led by Jose Manuel Rodriguez Uribes, began to receive a steady stream of complaints. Writers, publishers and artists’ associations in various disciplines claim that their copyright will be protected once Spain incorporates a new European Directive on this issue into its legislation. Although this will be the deadline set by the EU when it adopts the rule in 2019 before June 1.

The Federation of Spanish publishers’ associations (FGEE) is the last organization to ask the government to “maintain mandatory collective management of intellectual property rights” when implementing the directive. As a result, publishers claim that these organizations remain guarantors of “bringing the necessary balance and legal certainty to the market.”. According to the Department, this is “one of the great achievements of Europe in creating the world” and guarantees “assistance to thousands of authors”.

The lawsuit came after sgae joined last Friday at the request of a meeting of the Spanish writers and Writers Association, The Media Association (AMI) and the Spanish copyright authority gathered at adepi to ensure that their right “to disseminate and distribute their works through digital networks, rather than purely mercantilist positions, is appropriately and fairly remunerated.”.

Sgae pointed out: “the author is the key role in the creative practice, but also the most vulnerable role in the chain. With the emergence of new technology, they are facing the serious risk of being buried in the interests of big companies in the digital age.”.

The requirements of these associations relate to Article 15 of the directive. The text gives news publishers the right to approve or disapprove for-profit websites to share “important segments” of their publications. As a result, legislators try to respond to the author’s complaint that their works attract more audiences and readers than ever before, while the income is transferred to other pockets.

As far as Spain is concerned, after the disappearance of Google News in 2014, other search engines, such as Google discover, appeared to add and recommend various articles to users according to their preferences, search history and interests. In November, Cedro, the publishing rights authority, sued Google for 1.1m, accusing it of failing to pay royalties. According to the agency, this is money provided by Google discovery to authors and publishers under the intellectual property law to “aggregate news fragments from different digital versions of newspapers and other publications.”.

So far, these technology platforms have been characterized by the need to react afterwards only when told to host unauthorized content. Now, under the implementation of the European directive, they have to prove that they have done their “best” to reach an agreement, quickly block access to the complained works and ensure that they are no longer available.

Article 17 also urges portals that store, organize and disseminate user content for commercial purposes to obtain prior licenses from the creators of these works. That is, video platforms like youtube, for example, can remove unauthorized content. This decision has caused complaints from other departments, who think it is just the beginning of Internet censorship.