The introduced in 2013, the German ancillary copyright law for press publishers has been overturned by the European court of justice. It is not applicable, since the Federal government had not transmitted the draft in advance to the EU Commission, as the judges noted.
With the power protection law, operators of search engines have been obliged to pay a remuneration to the press publisher, if you represent extracts from their contents.
this year, it was decided with the EU copyright reform, a similar European performance protection rights, which must be implemented by June, 2021 in national law. German publishers ‘ associations called on the legislature after the judgment to act quickly.
The German ancillary copyright law for press publishers was on 1. August 2013 entered into force. In the law it is, only “single words or smallest text snippets” – so-called Snippets – are likely to be used by search engines free. About how long a so-called Snippet according to this formulation may be, there was up until the last debate.
“is the name of The judgment is basically that Google is able to publish such Snippets are free of charge,” said Michael Bud, a media law expert in the Munich office of Simmons & Simmons. The applicable, until the requirements of the new EU Directive to be transposed into national law. “Also for the implementation of the Commission must be informed.”
The ECJ spoke to a proceeding before the Berlin regional court, in which the collecting society VG Media damages from Google requires. The VG Media represents publishers in Germany, including Axel Springer, Handelsblatt, spark, and Dumont. In August 2014, a number of publishers issued within the VG Media a “free consent” to Google, because they would otherwise not have been more presented with Snippets in search results.
The Federal government had assumed at the time that the draft does not need to be forwarded to Brussels. The Berlin regional court asked the ECJ to 2017, to examine this evaluation. The judges in Luxembourg, followed by the assessment of their expert, that the German performance rights related to law, specifically, providers of information society services. In these cases, the Directive is in accordance with the EU-a prior notification to the Commission mandatory. The step can not be made up.
“We are pleased that this is now resolved,” said Google on Thursday almost to the ECJ ruling.
The managing Director of VG Media, mark, round, stressed that the decision concerned only the period between 2013 and the adoption of the new EU-Directive on copyright in April 2019. The European press publishers law is designed to go in favor of the publisher of a more extensive and robust. “The press publisher to ask the German legislator, therefore, to provide immediately for legal certainty.”
“The ECJ decision, it is irritated,” said the Federal Association of German newspaper publishers (BDZV), the Association of German local Newspapers (VDL) and the Association of German magazine publishers (VDZ) and referenced to the newly adopted performance protection laws in the EU Directive. Now it is “the task of the German legislature to quickly ensure legal certainty and the European press performance protection rights in a timely and clear pre-implement.”
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