Rethinking News and Media Law in Europe

WP3: Lessons from the CDSMD for an Integrated Approach to EU Media Law

Leader: Prof. Dr. Martin Senftleben

Work package 3 examines fundamental shifts with regard to gatekeeper functions and advertisement revenues, and explores experiences with the effects of the new press publishers’ right introduced by the Copyright in the Digital Single Market Directive.

With the adoption of the Directive on Copyright in the Digital Single Market (CDSMD), the EU has introduced a new neighbouring right for press publishers with regard to the digital use of their publications. Recital 54 of the CDSMD reflects the underlying objective to support a free and pluralist press and “ensure quality journalism and citizens’ access to information.” It is doubtful, however, whether an additional layer of copyright protection is sufficient to achieve this goal. Against this background, WP3 explores the disruptive force of content aggregation and platform-based distribution services that accompanied the development and adoption of the new press publishers’ right in the CDSMD. It will examine fundamental shifts with regard to gatekeeper functions and advertisement revenue, and explore experiences with the effects of the new press publishers’ right in EU Member States. WP3 will also consider the additional rules following from the Digital Services Package (Digital Services Act and Digital Markets Act). The relationship between regulatory responses in copyright law and measures following from the application of competition law is of particular interest in this context.