Coexis­tence of coll­ec­ti­ve rights manage­ment and Goog­le News Show­ca­se suc­cessful

First publishers are using par­al­lel par­ti­ci­pa­ti­on in Goog­le News Show­ca­se to con­ti­nue to mana­ge their press publishers’ right through Corint Media. Other publishers are signal­ling their inte­rest in brin­ging their rights to Corint Media for the first time or again. This streng­thens the joint enforce­ment befo­re the Ger­man arbi­tra­ti­on board.

Press Release
Ber­lin, 2024-01-15

The solu­ti­on deve­lo­ped by Corint Media for par­ti­ci­pa­ti­on in Goog­le News Show­ca­se with simul­ta­neous exer­cise of press publishers’ right by Corint Media has been very well recei­ved by many publishers. Some publishers repre­sen­ted by Corint Media have alre­a­dy signed a con­tract with Goog­le to par­ti­ci­pa­te in Show­ca­se. At the same time, seve­ral publishers who are alre­a­dy par­ti­ci­pa­ting in Goog­le News Show­ca­se have signal­led their inte­rest in having the press neigh­bou­ring right admi­nis­te­red by Corint Media. In indi­vi­du­al cases, “Exten­ded News Pre­views” con­tracts con­cluded with Goog­le, which include the licen­sing of press per­for­mance rights, would have to be can­cel­led or not exten­ded.

The solu­ti­on deve­lo­ped by Corint Media in autumn 2023 and pre­sen­ted at the end of the year means that inte­res­ted press publishers will in future be able to indi­vi­du­al­ly agree to the use of their rights rela­ting to the Goog­le News Show­ca­se pro­duct — while con­ti­nuing to exer­cise their press publishers’ right via Corint Media. This was made pos­si­ble, among other things, by the inves­ti­ga­ti­on of Show­ca­se by the Ger­man Fede­ral Car­tel Office. In its final report, the Fede­ral Car­tel Office declared that the Goog­le pro­duct Show­ca­se should not hin­der the enforce­ment of press neigh­bou­ring rights.

The importance of the coll­ec­ti­ve enforce­ment of press per­for­mance pro­tec­tion law is curr­ent­ly more evi­dent than ever with the can­cel­la­ti­on of Face­book News. The inter­net com­pa­ny Meta dis­con­tin­ued its Face­book News pro­duct in Decem­ber last year. This also means the end of remu­ne­ra­ti­on pay­ments for par­ti­ci­pa­ting publishers. Howe­ver, the social net­works belon­ging to Meta, such as Insta­gram and Face­book, con­ti­nue to use news con­tent — as do the other big tech com­pa­nies. The shut­down of Face­book News shows how unsus­tainable indi­vi­du­al con­tracts with Big Tech com­pa­nies for the use of press con­tent are. In a cor­re­spon­ding mar­ket envi­ron­ment, only agree­ments that are based on bin­ding legal foun­da­ti­ons such as the copy­right law will the­r­e­fo­re lead to sus­tainable reve­nue. The enforce­ment of appro­pria­te remu­ne­ra­ti­on for the con­tin­ued use of con­tent by search engi­nes, aggre­ga­tors or social net­works — and in future also arti­fi­ci­al intel­li­gence appli­ca­ti­ons — will the­r­e­fo­re con­ti­nue to be of cru­cial importance for the crea­ti­on of a fur­ther source of inco­me for press publishers.

Mana­ging Direc­tor Dr. Chris­ti­ne Jury-Fischer: “We are deligh­ted that the solu­ti­on pro­vi­ded has been accept­ed by the mar­ket and that the pay­ment asym­me­tries crea­ted can be eli­mi­na­ted in future. The enforce­ment of press neigh­bou­ring rights will enter a decisi­ve pha­se in 2024. The mar­ket has exten­si­ve­ly reco­g­nis­ed that the pay­ments offe­red by Goog­le for the ancil­la­ry copy­right are not even remo­te­ly appro­pria­te. It is obvious that publishers must ensu­re appro­pria­te pri­cing for their right with the help of inde­pen­dent bodies, other­wi­se they will remain “stuck” at the abu­si­ve­ly low level of remu­ne­ra­ti­on for Exten­ded News Pre­views (ENP) pay­ments dic­ta­ted by Goog­le. This would not only be bad for the smal­ler publishers affec­ted by digi­tal dis­rup­ti­on, but also for the big play­ers in the indus­try, as the alre­a­dy low show­ca­se pay­ments can eva­po­ra­te at any time — as we have just seen with Face­book News. We will the­r­e­fo­re con­ti­nue to advo­ca­te reso­lut­e­ly befo­re the arbi­tra­ti­on board to ensu­re that the added value gene­ra­ted by Goog­le and other tech plat­forms through the use of publi­shing con­tent is appro­pria­te­ly pri­ced.”

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