The Federal government is a disgrace threatens: The 2013 Black and Yellow, adopted ancillary copyright law for press publishers is not in the opinion of the competent advocate General at the European court of justice (ECJ), Gerard Hogan, not applicable. The judge need not follow the recommendations of the advocates General, to do it, but in the majority of cases.
The legal protection of News obliged to obtain aggregators like Google News, for the presentation of article excerpts beyond “individual words or the smallest text tears” licenses from the respective publishers.
Google and many in the collecting society VG Media organized publishers to court to argue today over the interpretation of the law and the resulting obligations for Google. The Berlin district court wanted to know in this context by the ECJ, whether the law is applicable.
EU-wide performance protection might be right
In Hogan’s conclusion of the applications to come, it means that the Federal government would have had to inform the EU Commission in advance about your plans, what she had done. This so-called notification obligation, if it is a “technical regulation”, “specifically to a service in the information society aims”. So it is in the EU-Directive 98/34/EC.
the judgment of The ECJ is expected in a few months. Currently, the Council of Ministers and the EU Parliament will negotiate a Reform of European copyright law, according to the current state is also an EU-wide ancillary copyright law for press publishers. The last previously scheduled date for the negotiations, today’s Thursday. The Parliament has to vote on it before the European elections in the coming year to find a compromise.