Press clipping and other information services: Legal analysis and perspectives By Loreto Corredoira y Alfonso Professor Universidad Complutense de Madrid

Content Introduction  Different “derived” information services International Legal Framework  Berne Convention  WIPO Copyright Treaty of 1996 and the TRIPS Situation in Europe  Comparison of European countries Conclusions: Future risks and possibilities

Introduction Copyright definition State of “press clipping” activities in Europe  Different “derived” information services Different “derived” information services Protection of authors/editors vs. access to information

Different “derived” information services Different services with different legal frameworks such as  Portals  Search machines  News webs  Clipping services

Different “derived” information services “Press clipping activities”  alerts  s with news headlines  abstracts reproduced in paper or electronically  the re-editing or subsequent use of news stories, etc  archives

Abstracting

Portals

Alerts

Web news

A metaphor A vitamin complex

Introduction Copyright definition State of “press clipping” activities in Europe  Different “derived” information services Different “derived” information services Protection of authors/editors vs. access to information

International Legal Framework Berne Convention for the Protection of Literary and Artistic Works (1886)  Paris Act of 1971 WIPO Copyright Treaty of 1996 European Directive 2001/29 “The aim or purpose of journalistic information”

International Legal Framework Berne Convention  Protection of news of the day and press information (mere ítems of press)  Protection of journalistic works as literary works  Fair use of quotes  Use of articles in periodicals and journalistic collections Use of articles in periodicals and journalistic collections

Berne Convention Article 10bis(1) says “It shall be a matter for legislation in the countries of the Union to permit the reproduction by the press, the broadcasting or the communication to the public by wire of articles published in newspapers or periodicals on current economic, political or religious topics, and of broadcast works of the same character, in cases in which the reproduction, broadcasting or such communication thereof is not expressly reserved. Nevertheless, the source must always be clearly indicated; the legal consequences of a breach of this obligation shall be determined by the legislation of the country where protection is claimed.”

International Legal Framework WIPO Copyright Treaty of 1996 and the and the TRIPS  The reproduction right The reproduction right  The exceptions The exceptions “Three-step” test to authorize or prohibit the use of protected works.  A tool for editors to restrict the press abstracting or press clipping businesses

International Legal Framework The reproduction right Art. 1(4): “The reproduction right, as set out in Article 9 of the Berne Convention, and the exceptions permitted thereunder, fully apply in the digital environment, in particular to the use of works in digital form. It is understood that the storage of a protected work in digital form in an electronic medium constitutes a reproduction within the meaning of Article 9 of the Berne Convention.”

The exceptions Article 10 “(1) Contracting Parties may, in their national legislation, provide for limitations of or exceptions to the rights granted to authors of literary and artistic works under this Treaty in certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.” “(2) Contracting Parties shall, when applying the Berne Convention, confine any limitations of or exceptions to rights provided for therein to certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.” International Legal Framework

Situation in Europe European Union and copyright issues  Press Abstracts  Two types of “works” -Directive (Art. 5(3)(c)) “(c).. articles on current economic, political or religious topics or of broadcast works (..) where such use is not expressly reserved, and as long as the source, including the author’s name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author’s name, is indicated, unless this turns out to be impossible;”

Comparison of European countries Authorized useProhibited use United Kingdom “reporting current events”“reproducing photographs” France “press reviews” The government may establish some prohibited uses (Ministry of Culture, CSPLA) Germany “Newspaper articles and radio commentaries for inclusion in press digests” “For use in reports on current-day events; extended to cover reports in all kinds of media, including the Internet” None expressly Italy/Denmark/Portg “news” (in the copyright framework)None expressly Finland “reuse in newspapers”, “recording news events” None expressly Spain “compilations in forms of reviews or press reviews (quotes)” “the author has the right to receive remuneration “ “the compilations of journalistic articles for commercial purposes”

Conclusions. Future risks Newspapers distributed without any type of remuneration Clients want news abstracts without “news” Public vs. private goods and the risk for society Lack of many sources of information

Conclusions. Possibilities Quality of periodicals Agreements between news organizations and “derived information services” News organizations develop own “press clipping” businesses Exceptions to copyright and added- value products

Telephone: Web page: Blog: infosociedad.blogspot.cominfosociedad.blogspot.com Contact Austin, Texas, March, 2007