Power to the press publishers?

Google has responded to pressure over Article 15, but is it in the spirit of the Copyright Directive, ask Mark Nichols and Autumn Gibson of Potter Clarkson.

Article 15 of the Directive on Copyright in the Single Digital Market (Copyright Directive) was one of its most controversial aspects, seeking to redress the balance between publishers and platforms by providing press publishers with the right to receive revenue for use of their publications by certain online platforms.

Despite Google’s past reluctance to offer licences to publishers, its initial reaction to Article 15 through its introduction of a new licensing initiative suggests that it is trying to get ahead of the game and get publishers onside.

Google has, for years, used brief excerpts from articles in its search results. On May 11, 2022, Google announced it was launching the Extended News Previews (ENP) programme, enabling publishers in EU territories that have implemented the Copyright Directive to be paid for Google’s publication of longer previews of articles.