[A2k] Germany Wants To Charge Google For News Snippets By Mathew J. Schwartz

Jamie Love james.love at keionline.org
Wed Aug 22 12:07:59 PDT 2012

The Berne Convention has a mandatory exception for "news of the day or
to miscellaneous facts having the character of mere items of press


2 (8) The protection of this Convention shall not apply to news of the
day or to miscellaneous facts having the character of mere items of
press information.

Another mandatory exception covers "quotations from newspaper articles
and periodicals in the form of press summaries"

Is the German proposal consistent with these provisions?

Article 10
Certain Free Uses of Works:
1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author
(1) It shall be permissible to make quotations from a work which has
already been lawfully made available to the public, provided that
their making is compatible with fair practice, and their extent does
not exceed that justified by the purpose, including quotations from
newspaper articles and periodicals in the form of press summaries.

On Wed, Aug 22, 2012 at 12:53 PM, Manon Ress <manon.ress at keionline.org> wrote:
> Germany Wants To Charge Google For News Snippets
> Legislation proposed by the German government would create a new type
> of copyright requiring any online or offline use of publishers'
> content to be compensated. Cue debate.
> By Mathew J. Schwartz InformationWeek
> August 22, 2012 09:06 AM
> http://www.informationweek.com/government/policy/germany-wants-to-charge-google-for-news/240005926
> quote:
> Are search engines and other news-aggregation services covered by
> fair-use legal concepts, allowing them to return news headlines,
> summaries, or thumbnails of related images to people surfing the Web?
> Or should news aggregation sites, which so often sell advertising that
> surrounds news snippets, share their advertising revenue with
> publishers, thus helping to keep online media outlets healthy?
> More than a decade after the launch of Google, and years after the
> company signed content-usage agreements with Agence France-Presse,
> Associated Press, and Belgian newspaper group Copiepresse to
> settle--or avert--lawsuits relating to its use of headlines, story
> summaries, and images, many people might think that such questions had
> been long settled. But in fact, related debates continue.
> One of the most recent challenges to the use of news content comes
> from the German government, which earlier this year announced that it
> would be introducing legislation to create a new type of copyright
> that would require sites such as Google to pay a fee to publishers for
> any content--even small snippets--that they provide via their site.
> The fees would be collected by a new clearinghouse, then distributed
> to publishers.
> As noted by The New York Times, however, Google doesn't place
> advertising on its German news aggregation pages.
> Regardless, the first draft amendment of the German legislation,
> introduced in June, would require any use of publishers'
> material--either in the online or offline realm--to be compensated.
> "The example that was given at the hearing was: a bank employee reads
> his morning newspaper online and sees something about the steel
> industry, and then advises his clients to invest in certain markets,"
> Mathias Schindler, who helped found Wikimedia Deutschland, told Al
> Jazeera.
> "The publishers argued that the bank consultant was only able to
> advise his clients because of the journalistic work in the published
> article," said Schindler, who's been attending recent government
> hearings into the proposed copyright amendments. "So that means the
> publisher deserves a fair share of any money made from that scenario.
> This was the proposal from the start."
> end of quote
> More here:
> http://www.informationweek.com/government/policy/germany-wants-to-charge-google-for-news/240005926
> --
> Manon Anne Ress
> Knowledge Ecology International
> 1621 Connecticut Ave, NW, Suite 500
> Washington, DC 20009 USA
> http://www.keionline.org
> manon.ress at keionline.org
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James Love.  Knowledge Ecology International
http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.

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