On December 16, search engine giant Google started excluding stories from Spanish news media on its Google News service. The Californian internet company has taken the decision in the wake of the so-called ‘Google tax’, which forms part of the Spanish government’s new Copyright Act, due to go into force on January 1, 2015. The legislation requires Google and other news aggregators to start paying ‘fair compensation’ to publishers for the reproduction of their content.
Spain has thus become the first country in the world in which Google has closed its news service to media outlets. As a consequence of the measure, links to all Spanish media articles will be removed from the service globally [...]
“A clear intention to solve some of the most disturbing problems in Spanish IP.”
On February 14th, the Spanish Government approved a bill to amend the law of intellectual property (TRLPI). The bill is currently in its parliamentary proceedings. It is a “patchwork” reform bill dealing with very different topics, some more necessary than others, and including some unexpected –last minute- additions and a curiosity.
Implementing two directives
Education and research activities
The Google tax
Collective management organizations
Distribution of competences
Liability for copyright infringement
Progress of the proceedings
“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.”
On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement disputes. Although the decision is not completely surprising (see, in this regard, this ruling of the Distric Court of Rome, 11 July 2011), it sets the standard for copyright holders on how to draft a take-down notice to be notified to a ISP.
The action has been brought by Delta TV, an Italian company which produces and d [...]
The CJEU’s Advocate General Niilo Jääskinen issued an Opinion on 25 June advising the Court to refrain from allowing citizens the right to require Google to block links to content they find embarrassing and declining the existence of a “right to be forgotten” in existing EU legislation.
The case concerned the publication in 1998 in the printed edition of a widely circulated Barcelona newspaper of two announcements concerning a real estate auction in connection with proceedings related [...]
“Yet, in contrast to the legislative measures that had been previously contemplated, this deal is only of a stand-alone character and will not affect the situation of smaller aggregators.”
A while back we reported on the clash between search giant Google and media organisations in, among other countries, France over the former’s news aggregating service Google News. French publishing associations have been demanding the introduction of a ‘snippeting right’ in France which would oblige content aggregators to obtain a license, and thus share revenue, for the privilege of display links to their articles. The underlying idea is that those who profit from the distribution of content sho [...]
The link wars have once again broken out in Europe. In August, the German cabinet gave its backing to a draft law allowing news publishers to collect compensation for the republication of headlines and the introductory sentences of articles by aggregators and search engines. Under the proposal, which would protect content for one year, news publishers would be able to license out snippeting rights for a royalty and start proceedings against those found to infringe their newfound neighbouring right. T [...]
In 2010 Google was sued by the French recording industry trade association (SNEP) for copyright and neighbouring right infringements via its service Google Suggest. The Court of First Instance and the Court of Appeal both rejected the claims. They found that Google had not infringed any copyright by suggesting websites to Internet users when they were typing their requests. Only the use of the files available on the suggested websites could have been infringing. The plaintiff had originally requested the Court of First Instance [...]