AG Hogan advises CJEU to rule that German press publishers' right is unenforceable

The new Irish AG, Gerard HoganOne of the most controversial proposals in the draft Directive on copyright in the Digital Single Market is Article 11 [Katposts here], this being a provision that would introduce at the EU level a new related right in favour of press publishers.The EU proposal follows legislation to a similar effect, which was adopted in Germany and Spain, though with different mechanisms: a new related right in the former, and an amendment to the quotation exception in the latter.A few years ago (in 2013), Germany was in fact the first country in Europe to introduce a new related right in favour of press publishers. This is aimed at giving them control over third-party unlicensed use of their content. Legislation was adopted in an economic context – that of the press sector in Europe – of constantly declining revenue. Sections 87f-h of the German Copyright Act (UrhG) provide for a right of press publishers to exploit their content commercially for one year,…

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