Wires and syndication
Press publishers' rights in the EU, France and Germany
Short answer
- EU law
- Article 15, Directive (EU) 2019/790 of 17 April 2019 1
- Term
- Two years, counted from 1 January of the year after publication 1
- Not covered
- Hyperlinking, individual words, very short extracts, private non-commercial use 1
- Transposition deadline
- 7 June 2021 1
- Authors' share in Germany
- At least one third of publisher income 3
- Latest French fine
- €250 million, Decision 24-D-03 of 15 March 2024 2
What the EU directive created
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was adopted on 17 April 2019 1. Article 15 is headed protection of press publications concerning online uses 1. It gives publishers established in a Member State the rights of reproduction and making available for the online use of their press publications by information society service providers 1.
The directive defines a press publication as a collection composed mainly of literary works of a journalistic nature, published as an individual item within a periodical or regularly updated publication under a single title, under the initiative, editorial responsibility and control of a service provider 1. Periodicals published for scientific or academic purposes, such as scientific journals, are not press publications for this purpose 1.
What the right does not cover
| Use | Position under Article 15 | Source |
|---|---|---|
| Hyperlinking | The protection does not apply to acts of hyperlinking 1 | Article 15(1) 1 |
| Individual words or very short extracts | The rights do not apply to them 1 | Article 15(1) 1 |
| Private or non-commercial use by individual users | The rights do not apply 1 | Article 15(1) 1 |
| Mere facts reported in press publications | Recital 57 says the rights should not extend to them 1 | Recital 57 1 |
| Press publications first published before 6 June 2019 | Article 15(1) does not apply 1 | Article 15(4) 1 |
| Rights of journalists and photographers in their own works | Left intact and cannot be invoked against those authors 1 | Article 15(2) 1 |
Germany: sections 87f to 87k of the Copyright Act
Germany placed the right in sections 87f to 87k of its Act on Copyright and Related Rights 3. Section 87g sets out the rights of publishers of press publications and section 87h their exercise 3. The rights lapse two years after a press publication is first published 3.
Section 87k gives authors and other rightholders an equitable share of the income publishers earn from the right, at a minimum one third of that income 3. Only a collecting society may assert that claim 3. The German provisions do not apply to press publications first published before 6 June 2019 3.
France: the law of 24 July 2019 and the Google decisions
France transposed the directive through a law of 24 July 2019 on related rights, according to the Autorité de la concurrence 2. The authority says the law aimed to create conditions for balanced negotiations between press agencies, publishers and digital platforms 2. Press agencies are named alongside publishers, so wire copy is part of these negotiations 2.
| Date | Decision | Outcome as stated by the Autorité |
|---|---|---|
| 9 April 2020 | 20-MC-01 | Interim measures ordering Google to negotiate and make a financial offer 2 |
| 12 July 2021 | 21-D-17 | Found non-compliance with the injunctions and imposed a fine of €500 million 2 |
| 21 June 2022 | 22-D-13 | Accepted Google's commitments for five years, renewable once 2 |
| 15 March 2024 | 24-D-03 | Fined Google €250 million for breaching four of seven commitments and its duty to cooperate with the monitoring trustee. Google did not contest the facts and used the settlement procedure 2 |
The AI training finding
In the March 2024 decision, the Autorité found that Google used content from press publishers and news agencies to train the foundation model of its Bard service, launched in France in July 2023 and renamed Gemini on 8 February 2024, without informing them or the authority 2. It found that until at least 28 September 2023 publishers could not opt out of this use without affecting the display of their content on Search, Discover and Google News 2.
The authority said the question of whether use of press publications by an AI service is protected by related rights had not yet been settled 2. It treated the lack of notice as a breach of the transparency commitment 2.
How this connects to tracing sources
The right protects the publisher's investment in a press publication, not the facts in it 1. The Berne Convention takes the same line at the international level. Its protection does not apply to news of the day or to miscellaneous facts having the character of mere items of press information 5. A fact first reported by one outlet can still be reported by others, and the copyright exceptions for news reporting set the terms for reusing the wording 4. For readers tracing a story, a licensing deal between a platform and a publisher shows a commercial link, not a second source.
Common questions
How long does the press publishers' right last?
Two years after the press publication is published, counted from 1 January of the following year 1. Germany applies the same two-year term 3.
Does the right stop people linking to news articles?
No. Article 15 says the protection does not apply to acts of hyperlinking 1.
Are scientific journals covered?
No. The directive says periodicals published for scientific or academic purposes are not press publications for this purpose 1.
Do journalists get a share of the money?
The directive requires an appropriate share for authors 1. Germany sets a minimum of one third of the publisher's income from the right 3.
Why was Google fined in France?
The Autorité fined Google €500 million in July 2021 for not complying with injunctions and €250 million in March 2024 for breaching commitments 2.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@evidencefamily.com.
Sources
- EUR-Lex: Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market
- Autorité de la concurrence: Related rights, the Autorité fines Google €250 million for non-compliance with some of its commitments made in June 2022 (20 March 2024)
- Federal Ministry of Justice (gesetze-im-internet.de): Act on Copyright and Related Rights (Urheberrechtsgesetz, UrhG), English translation
- EUR-Lex: Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
- WIPO Lex: Berne Convention for the Protection of Literary and Artistic Works
Related
- News bargaining laws compared
How Australia's code, Canada's Online News Act and France's related-rights regime push platforms to pay news publishers, with dates and amounts.
- Copyright exceptions for news reporting
How the Berne Convention, the EU, the UK, the US and Canada let news outlets reuse others' work for reporting, and the acknowledgement each one requires.
- Wire services and syndication explained
How the big news agencies are owned and governed, how members and clients reuse agency copy, and what published rules say about crediting it.
- Attribution terms explained
What common attribution phrases signal about where a fact came from, and what published newsroom codes in the US, UK and Germany say about using them.