Lexis®Library update: This policy is aligned with the objectives of the new neighbouring right in Directive (EU) 2019/790, the EU Digital Single Market Copyright Directive. The organisations call for the use of arbitration provisions to ensure that fair agreements are negotiated.
They propose that such provisions should consider the model established by the Australian law, which enables an arbitral panel to establish a fair price based on an assessment of the benefits derived by each party. They have welcomed proposals made by Members of the European Parliament to introduce a final arbitration mechanism into relevant regulation. They believe this is necessary in order to prevent undermining the new right’s scope and to create legal certainty. The organisations believe that negotiations with gatekeepers will not engender fair outcomes unless additional regulatory measures are brought forward to address gatekeepers with dominant market power, through national laws.
NME President, Fernando de Yarza, said he looked forward to collaborating with the organisations ‘on a solution that allows for a healthy and diverse online news media ecosystem’.
Microsoft Vice President, Casper Klynge, said the initiative represented a ‘logical next step’ to ensuring Microsoft’s commitment to preserving and promoting journalism.
Sources:
•NME—Europe’s press publishers & Microsoft call for Australian-style arbitration mechanism in Europe to ensure tech gatekeepers remunerate press publishers fairly for use of content
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 01 March 2021 and is published with permission. Further information can be found at: www.lexisnexis.co.uk
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