Worst of all, the draft directive contains a broad neighbouring/ancillary right for publishers of news (Art. 11). It shall be granted for the online use of “news publications” and have a duration of 20(!) years. What exactly is protected, who the rightsholders shall be or – most importantly – the addressed users is not defined. All the safeguards that were tried in Germany and Spain to keep the danger of such a right for the Internet at bay are neglected: The right is not restricted to the making available right but includes also the reproduction right. It is not restricted to certain users like aggregators or search engines, there is no snippet exception like in Germany and it is a full exclusive right not only a levy like in Spain.
IGEL: It could not be worse: Draft proposal for the copyright directive leaked »
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