France

[FR] Collecting society for press neighbouring rights established

IRIS 2021-10:1/9

Amélie Blocman

Légipresse

Two years after the Lsaw of 24 July 2019 (no. 2019-775) was adopted, Europe’s first collective management body dedicated to the management of neighbouring rights of press publishers and agencies was established in France on 26 October. Chaired by Jean-Marie Cavada, a former MEP who was heavily involved in the adoption of the EU Directive on copyright and related rights in the Digital Single Market, the société des Droits Voisins de la Presse (Press Neighbouring Rights Collecting Society – DVP), which was launched on the initiative of the FNPS, SEPM and SPIIL press unions, is designed to provide all press publishers with a collective tool for the negotiation, collection and distribution of neighbouring rights, as well as a clear and transparent framework for both publishers and users of content protected by these new rights. The DVP, which will be managed by Sacem (the Society of Authors, Composers and Publishers of Music), is expected to deal directly with Google, Facebook, Microsoft and all other companies that are liable for neighbouring rights. It will also benefit online platforms by simplifying negotiations and providing a clear and transparent framework for the use of content protected by these new neighbouring rights. “The creation of this collective management body is a decisive step towards the effective recognition of the need for fair distribution of value between publishers and press agencies on the one hand, and these new digital stakeholders, who until now have been profiting unduly from content produced by the press, on the other”, said the DVP chairman. It should be remembered that, on 13 July, the French competition authority fined Google EUR 500 million for failing to negotiate “in good faith” with publishers. An appeal is pending.

Members of the audiovisual industry (France Télévisions, M6, Altice Media) and the press (L’Équipe, Le Canard enchaîné, Prisma Media, CMI, Le Point, etc.), as well as the AFP, Dioranews and MaxPPP press agencies, have already joined the DVP, which aims to represent all holders of neighbouring rights that opt for collective management.

Meanwhile, Facebook has announced an agreement with the Alliance de la presse d'information générale (General Press Alliance – APIG), which represents French national, regional and local daily newspapers and regional weekly press publishers, containing general principles governing remuneration for content that is published and shared on the American platform. The agreement, which concerns around 300 publishing companies and provides each with a minimum level of remuneration, lays the foundation for renewable three-year licensing contracts. Pierre Louette, the APIG president, commented: “Hopefully, the conclusion of this agreement will help to accelerate the negotiations currently under way with Google”.

 


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This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.