Newspaper Licensing Agency Ltd Newspaper Working Group Copenhagen April 2012

Newspaper Licensing Agency Ltd What is NLA’s web content strategy? Distinguish between consumer and professional Newspapers have commercial relationships with Google/facebook etc NLA addresses professional web monitoring; Meltwater/Moreover etc Licensing solution : Web Database Licence for Media Monitoring Organisations to copy (‘scrape’) content and provide a paid-for service A Web End-User Licence for clients to receive the service  Copying online content Database solution : Add web content to the eClips database directly from editorial systems Create services to  MMOs (better than web-scraping)  Publishers (reference, commercial feeds)  Libraries

Newspaper Licensing Agency Ltd Web licensing timeline 2013 Supreme Court temporary copying exception 2012 Copyright Tribunal ruling Licences backdated to Jan 2010 June 2011 UK Court of Appeal upholds High Court ruling November 2010 UK High Court rules: MMO End-User clients need a licence January 2010 licences launch 2008/9 NLA consultation with Media Monitoring industry

Newspaper Licensing Agency Ltd What has NLA achieved through the UK courts? The High Court (2010) / Court of Appeal (2011) ruled: A headline can be an independent literary work  So copying can infringe copyright Text extracts can benefit from copyright protection  Headline/opening sentence/’hit’ sentence End users need a licence to make copies on their computers  By receiving a report or opening a portal link

Newspaper Licensing Agency Ltd What happened at the Copyright Tribunal? The Tribunal’s Interim Decision February 2012:  Ruled on terms/conditions and pricing Meltwater failed to argue that licences do not apply / fees should be zero:  It is not a search engine or effectively the same as Google  A headlines-only service would require a (full-price) licence NLA licensing structure was upheld for all client categories  Prices agreed without change for 2010 and 2011  Modified for 2012 onwards International clients must be disclosed  The challenge now is to license them!

Newspaper Licensing Agency Ltd What next? Legal challenges Supreme Court 2013  Meltwater is appealing the ‘temporary copying exemption’  Article 5(1) Information Society Directive  Fashionable area of law in the UK  Pub landlady case  Top up TV CJEU? 2015?  Does anyone have any restaurant recommendations for Strasbourg?

Newspaper Licensing Agency Ltd What next? Commercial Start invoicing!  Licensing effective from 2010  Transform pirates to customers! Sell eClips Web database services to MMOs  Superior to scraping  Makes licensing more effective  New revenue stream for publishers Monitor Google effect on media monitoring  Establish research study with MMOs Meltwater can now focus on other actions!  Norway, Canada and USA