Why Article 15 of the Directive on Copyright in the Single Digital Market Is a Bad Idea

摘要

This opinion looks at art 15 of the Directive on Copyright in the Single Digital Market (CDSM Directive), the press publishers' right. Article 15 creates a right ancillary to copyright that benefits some publishers. It is triggered when some agents perform some online acts in respect of some specific content: in brief, online reproduction and making available news content produced by news publishers by commercial internet concerns. The opinion argues that art. 15 is deficient. Among other criticisms that can be made of the provision, the one made here is that the rationales for its passing contained the Recitals of the Directive are unconvincing given the nature of the right, and consequently it unduly benefits commercial news publishers. Moreover, the way art. 15 was passed reflects poorly on the European legislature.