Paper salesDoing this online is a neighbouring right in the new EU Copyright Directive. Photo by Alper, license CC BY

A move that surprises absolutely no one: Google won’t pay French publishers for snippets. France is the first EU country to transcribe the new EU Copyright Directive into law. This directive contains a new neighbouring right that says if you link to something with a snippet of that link’s content (e.g. a news link, with the first paragraph of the news item), you need to seek permission to do so, and that permission may come with a charge. This in the run-up to the directive was dubbed the ‘link tax’, although that falsely suggests it concerns any type of hyperlinking.
Google, not wanting to pay publishers for the right to use snippets with their links, will stop using snippets with those links.

reading the newspaperPhoto by Nicolas Alejandro, license CC BY

Ironically the link at the top is to a publisher, Axel Springer, that lobbied intensively for the EU Copyright Directive to contain this neighbouring right. Axel Springer is also why we knew with certainty up front this part of the Copyright Directive would fail. Years ago (2013) Germany, after lobbying by the same Axel Springer publishing house, created this same neighbouring right in their copyright law. Google refused to buy a license and stopped using snippets. Axel Springer saw its traffic from search results drop by 40%, others by 80%. They soon caved and provided Google with a free of charge license, to recoup some of the traffic to their sites.

read newsPhoto by CiaoHo, license CC BY

This element of the law failed in Germany, it failed in Spain in 2015 as well. Axel Springer far from being discouraged however touted this as proof that Google needed to be regulated, and continued lobbying for the same provision to be included in the EU Copyright Directive. With success, despite everyone else explaining how it wouldn’t work there either. It really comes at no surprise therefore that now the Copyright Directive will come into force in French law, it has the exact same effect. Wait for French publishers to not exercise their new neighbouring rights in 3, 2, 1…

Week 32/52.2012Photo by The JH Photography, license CC BY

News publishers have problems, I agree. Extorting anyone linking to them is no way to save their business model though (dropping toxic adtech however might actually help). It will simply mean less effective links to them, resulting in less traffic, in turn resulting in even less advert revenue for them (a loss exceeding any revenue they might hope to get from link snippet licenses). This does not demonstrate the monopoly of Google (though I don’t deny its real dominance), it demonstrates that you can’t have cake and eat it (determining how others link to you and get paid for it, but keep all your traffic as is), and it doesn’t change that news as a format is toast.

BELGIUMPhoto by Willy Verhulst, license CC BY ND

Last week I sent all Dutch Members of the European Parliament (MEP) a message to voice my opposition to both Article 11 and 13 of the proposed new Copyright Directive. It is telling that only MEPs opposing those articles have responded to me. No one in favour of it bothered to let me know their reasoning.