Publishers’ Right and licensing fees: Paris Appeals Court ruled against Google

Today 8 October, the Paris Appeals Court ruled against Google’s appeal on the French Competition Authority’s interim measures from April to negotiate “in good faith”.

Google appealed the Competition Authority’s ruling as a follow up on the breakdown of the negotiations between the parties as the three months negotiations deadline was approaching in July. Google’s claim was based on the argument that the interim measure to negotiate “in good faith” over licensing fees to exhibit the press and news media content within three months were detrimental on innovation. Now the appeals court ruled that Google need to return to the negotiations table with the press representatives.

This ruling is considered a win for the French Press Publishers, including Alliance de la Press d’Information Générale (APIG), l’Agence France Presse (AFP) and Le Syndicat des Éditeurs de la Presse Magazine. In addition to the press representatives, the French Economy Ministry had joined efforts against Google’s action.

Angela Mills Wade, EPC Executive Director said: "The Court of Appeal’s judgement makes it clear that Google must negotiate on the basis of the publishers’ neighbouring rights under the French law. This is an important precedent, reflecting the integrity of the neighbouring right established in the EU Copyright Directive. Furthermore, we now have a judgment stating that Google must share the direct AND indirect remuneration it gets from news content and some clear direction on the parameters of negotiations."

You may find the ruling here (in French).

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