Law No. 2019-775 of
In practice, Law No. 2019-775 of
Right after this Law was passed, a clash started between Google and press publishers who accused Google of abusing its dominant position and reusing their content without any type of financial compensation in return.
Google's non-compliance with its commitments
Despite this decision, Google was accused of not fully complying with its commitments. In
The
The
Google's new commitments
Following this decision, Google presented a series of new commitments, including:
-
Extending the scope of application of its commitments to all press publishers, whether or not they have PGI certification;
- Negotiating agreements in good faith, based on transparent, objective and non-discriminatory criteria;
- Taking the necessary measures to ensure that negotiations do not affect other economic relationships between Google and press agencies and publishers.
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Negotiating agreements in good faith based on transparent, objective and non-discriminatory criteria;
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If negotiations fail, the possibility of referring the matter to an arbitration tribunal to determine the amount of compensation, with the arbitrators' fees being paid in full by Google;
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Appointing a monitoring trustee to supervise the progress of negotiations.
These commitments, applicable for a period of five years, were accepted by the
New fine imposed by the
On
According to the
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Providing news agencies and publishers with the information necessary for a transparent evaluation of the remuneration proposed by Google;
The
In this respect, the use of copyright-infringing content by artificial intelligence systems is likely to be a source of litigation in the years to come, as US newspaper publishers have already sued Microsoft and OpenAI for copyright infringement7 8.
As Google undertook not to contest the facts, it was able to benefit from the settlement procedure and accepted to pay the fine imposed by the
Towards a strengthening of the 2019 Law?
A Bill aimed at strengthening the effectiveness of related rights for press publishers and news agencies was submitted to the Presidency of the
Article 1 of the Bill seeks to strengthen the negotiation procedure for related rights by calling for the publication of a decree listing the elements that platforms must mandatorily provide to the various stakeholders of the press industry. It also requires that a maximum deadline for transmitting these negotiation elements be included in French law. Failure to meet this deadline could result in a fine of up to 2% of the non-compliant company's total worldwide turnover.
The Bill also calls for the creation of a mediation procedure under the auspices of the
The Bill has been referred to the Committee for Cultural Affairs and Education for consideration.
Footnotes
1. Decision 24 - D- 03 of
2. Law No. 2019-775 of
3. Directive (EU) 2019/790 of the
4. Decision 20-MC-01 of
5. Decision 21-D-17 of
6. Decision 22-D-13 of
7. https://www.lemonde.fr/pixels/article/2023/12/27/le-new-york-times-poursuit-en-justice-microsoft-et-openai-createur-de-chatgpt-pour-violation-de-droits-d-auteur_6207946_4408996.html
8. https://www.nytimes.com/2023/12/27/business/media/new-york-times-open-ai-microsoft-lawsuit.html
9.
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