The French competition regulator recently called on Google to negotiate remuneration with publishers and news agencies based on the law of neighboring rights. The regulator revealed that Google must commence payments to media for sharing their content, highlighting that past practices had inflicted substantial harm on the press sector. While this order is an interim decision targeted at the French press, it could potentially have worldwide implications for both Google and the press sector. This is because it could establish a legal precedent and steer discussions concerning news economics on the digital platform.
The neighboring rights law was enforced in France on July 24th, 2019. Its primary objective is to create a balanced negotiation environment between publishers, news agencies, and digital platforms. This would be done by redefining the value share among these entities in favor of press publishers and news agencies.
Understanding Neighboring Rights
The World Intellectual Property Organization (WIPO) explains that related rights, also known as neighboring rights, safeguard the legal interests of certain individuals and legal entities. These entities contribute to making works accessible to the public or produce subject matter which might not qualify as works under the copyright systems of all countries, but contain enough creativity or technical and organizational skill to merit recognition of a copyright-like property right.
Traditionally, neighboring rights are awarded to three categories of beneficiaries- performers (actors/musicians), producers of sound recordings (also referred to as phonograms), and broadcasting organizations.
Copyright Protection in India
India’s Copyright Act of 1957 offers protection to original literary, dramatic, musical, and artistic works, along with cinematograph films and sound recordings from unauthorized usage. Contrary to patents, copyright safeguards the expressions rather than the ideas; there is no copyright in an idea.
In essence, copyright is a collection of rights, inclusive of rights of reproduction, communication to the public, adaptation, and translation of the work. It’s considered an Intellectual Property Right (IPR). IPRs are the rights awarded to individuals over the creations of their minds such as inventions, literary and artistic works, and symbols, names, and images used in commerce. Other IPRs cover trademarks, geographical indications, industrial designs, patents, etc.
Under the Indian Copyright Act, copyright is only valid within the country’s borders. To extend protection to Indian works in foreign countries, India has become a member of several international conventions on copyright and neighboring (related) rights, including the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention, Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties, and Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
Last Modified: February 7, 2024