News Media Europe

World IP Day – recommendations by European news publishers

Blog , April 25, 2024

Every 26 April, News Media Europe celebrates World Intellectual Property Day to encourage creativity and innovation and raise awareness about the contribution of the news publishing sector. 

This year is even more special as we are going through exciting months of campaigning ahead of the European elections. As Europe comes to the end of a political mandate and opens a new chapter, our association has reflected on what we have achieved so far and what to do next.

We spent the past five years working hard with our members in the capitals for an effective transposition of copyright laws that would trigger remuneration agreements between press publishers and online platforms. It takes time – sometimes more than anyone had anticipated – to come to fair deals. But our industry, often teaming up via collective management organisations, remains dedicated and confident.

While newsrooms embrace the opportunities offered by new technologies, we started conversations with companies, policy-makers and experts about the impact of generative AI on our sector – to which we dedicated our last World IP Day blog post – and how to navigate some of its challenges. We successfully obtained the introduction of transparency requirements in the European Artificial Intelligence (AI) Act to shed light about the use of copyright protected materials by AI developers. This is a very good first step. But it is not enough. 

The development of transparent, accountable and responsible information systems requires even more ambition. Not just for copyright holders, but also for citizens who increasingly use generative AI tools as gateways to information. 

Our message for the next European Commission is simple: the same way Europe inspired the world on data regulation and privacy (GDPR), internet safety (DSA) and fair competition in online markets (DMA), it is time to take the lead on compliant AI systems

Our recommendations (link) seek to improve existing laws to make sure that the rights of news media publishers are enforced throughout the value chain, including:

  1. Creating a licensing market in the context of generative artificial intelligence.
  2. Protection and recognition of the value of press content for the quality of AI outputs.
  3. Introducing a presumption that copyrighted content is included in AI models.
  4. Text and data mining (TDM) of press publications should function on the basis of opt-in, not opt-out.
  5. The TDM exception should not be used to circumvent copyright law. 
  6. Creating a European standard for the remuneration of press content.
  7. Enforcing the press publisher right through binding arbitration.
  8. Facilitating the creation of collective management organisations.

News Media Europe will engage with policy-makers in Brussels and across Europe to make sure that copyright policies strengthen the position of professional, reliable and quality journalism in the next mandate.  

Contact: Aurore Raoux, EU policy manager