RIDA 246 | 10-2015

Doctrine

Digital newpapers and aggregators of news content in Spain

Susana NAVAS NAVARRO

Code : 246-D2
Keywords :
Press review, Digitisation, Fair compensation (remuneration) for private copying, Collective management, Content aggregator, Internet, Journalism, For private copying, Originality

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DIGITAL NEWSPAPERS AND AGGREGATORS OF NEWS CONTENT IN SPAIN

The new wording of article 32 IPL,1 and specifically the introduction of a second paragraph concerning the purported fair compensation – also dubbed the “Google tax”2 or the “AEDE fee”3 – to be paid by providers of information society services that aggregate content, has made the identification of the holder of this right to compensation a central issue in the case of a newspaper:4 is it the publisher5 or the authors of the journalistic articles or other contributions published in the newspaper? The question tends to be approached from the standpoint of the legal status attached to a newspaper, namely whether or not it is a “collective work”. However, in our opinion, this is a secondary aspect or at least, while it is placed at the centre of the discussion, it sheds little light on the solution. Indeed, to address the issue from the angle of the legal status of a newspaper begs the question, namely who is intended from the outset to be the holder of the right to fair compensation in article 32.2 IPL or indeed any other remuneration payable for the full or partial reproduction of journalistic articles such as, for example, the remuneration laid down in article 33 IPL? The publisher? The author? If the intention is that the publisher should be

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