Digital copyright in journalism hotly debated amid growing push for regulations

So far, Australia, the EU, and Canada have taken concrete steps for digital copyright regulation in journalism

By Can Efesoy

As the role of the internet grows more important for the distribution of news, so does the importance of proper compensation for those who write news content. While Big Tech companies such as Google and Meta draw criticism for profiting off news pieces they do not pay for, efforts to build a fairer playing field are being hotly debated, as digital copyright regulations are rolled out one after another.

To date Australia, the European Union, and Canada have all taken concrete steps for digital copyright regulation.

In Australia, the News Media and Digital Platforms Mandatory Bargaining Code came into force in March 2021. The law aims to price news content through negotiation between technology companies and media organizations.

The Directive on Copyright in the Digital Single Market, implemented by the EU starting in June 2021, requires internet platforms such as Google and Facebook to pay producers for the content they use.

In Canada, the Online News Law began to be implemented just this month. The law aims to ensure that if digital platforms use press publications, they must pay the necessary fee to the institution that is the source of the content.

Speaking to Anadolu, Eleonora Rosati, a professor from Stockholm University's Intellectual Property Law Department, said that digital platforms must pay for the content they use, except for exceptional cases such as very short texts.


- 'Digital copyright will continue to be discussed'

Rosati said that with the EU Directive on Copyright in the Digital Single Market, media organs are given the right to control the online use of their own content, adding that under the directive, digital platforms are required to pay for the content they use, except for exceptional cases such as very short texts.

On digital platforms making money from the content of news producers, Rosati said discussions in the EU and Australia, where legal regulations are being made on this issue, arise over the issue of ethics.

Rosati said the EU directive has started to be implemented in almost all member countries, adding that negotiations between internet service providers and news producers in countries such as France and Italy are moving forward with difficultly.

Asked whether it is possible for regulations similar to those in the EU, Canada, and Australia to be accepted worldwide, she said: "What happened in the EU has begun to be discussed in other parts of the world."

Content such as news texts and photos are already protected by copyright, she said, adding that digital copyright efforts in places such as the EU and Australia are "additional measures that will probably continue to be discussed and reviewed by other governments in the world."

On the problem of disinformation on social media platforms such as X, Rosati said: "With the spread of disinformation on platforms like this, the importance of supporting those who can provide confirmed and reliable news has become clear."


- How Australia, EU, and Canada deal with digital copyright of news

In Australia, which has played a pioneering role in the copyright of news in digital media, the News Media and Digital Platforms Mandatory Bargaining Code aims to ensure that society maintains its interest in journalism.

Under the law, digital platforms and news companies are free to negotiate content pricing.

If an agreement cannot be reached between the parties, an arbitration process is initiated to determine the fee to be paid by the digital platform.

The EU's copyright directive provides rules for content producers, rights holders, press publishers, and journalists to ensure fairer remuneration when their work is used online.

Article 17 of the law obliges online content provider platforms to pay money to rights holders for the content they use.

Under the law, digital platforms such as Google and Facebook can be held responsible if they violate copyright.

Canada's Online News Act, also known as C-18, requires major digital platforms to negotiate fairly with news companies for the content they want to use.

According to the law, the parties are free to make a commercial agreement as they wish, but if they cannot, they must sit at the negotiation table under the mediation of the Canadian Radio and Television Commission.

If an agreement cannot be reached through mediation, the parties submit their final proposals to an arbitration tribunal to choose.

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