News Media Europe’s submission to the European Commission’s Call for Evidence on the review of the Copyright in the Digital Single Market Directive (the DSM Directive) and the targeted initiative for a better copyright environment for European creativity and innovation, focuses on three of the areas examined in the Call for Evidence:
- artificial intelligence;
- the scientific research exception;
- remuneration rights for music.
At its core, our message is that Europe’s democratic resilience, information integrity and AI ambitions all depend on sustainable, independent journalism. This depends, in turn, on press publishers regaining control over their content.
While robust in principle, the current copyright framework under the DSM Directive lacks the guardrails and effective enforcement necessary in the age of AI. This is shown clearly in the press publishers’ experience of the right under Article 15, where gaps in the framework have left publishers unable to secure its value in practice. We set out recommendations for respected opt-outs and other rights reservations, meaningful transparency, and effective enforcement, so that a functioning licensing market can emerge. We also note that these objectives cannot be achieved through copyright policy alone.
Given the overlapping nature of current developments, they must also be addressed in areas such as AI governance, platform regulation, competition, and cybersecurity policy, including safeguards that prevent dominant platforms from leveraging their market power against publishers who seek to enforce their rights. We therefore call on the Commission to act with ambition and bring forward proposals for a strong, future-proof framework that enables press publishers to continue investing in the sustainable, independent journalism on which European democracy, information integrity, citizens’ freedoms and Europe’s AI sovereignty depend.
On the scientific research exception, we urge the Commission to provide clarity and resist any broadening. The exception under Article 3 of the DSM Directive should not be broadened, restated or aligned across Member States in any way that weakens the market for licensing press content or opens a fresh route for commercial AI to bypass authorisation.
On remuneration rights for music, we ask the Commission to introduce legislative measures on the international application of, and reciprocity for, copyright and neighbouring rights in relation to third countries. Since the RAAP judgment, performers and producers from third countries may receive remuneration from EU Member States while European performers and producers receive none in return. We therefore call for a clear EU-level solution based on material reciprocity.
The full submission can be downloaded here.
Contact: Daria Istayeva