European Publishers Council (EPC)

Remembering Jean Bergevin    It is with great sadness that heard the news of Jean Bergevin's passing last week, aged 65. His dedication and commitment to the freedom of the press and the freedom of commercial speech in the EU Internal Market, will be remembered by many of us from the earlier days of EPC and EASA. Jean was a true gentleman, dedicated European commission official and a good friend to the EPC. He wrote the groundbreaking White Paper on Commercial Communications which held back the clamour for more and more statutory regulation of advertising in favour of self and co-regulation. He contributed to the Directives on Broadcasting (later AVMSD), eCommerce, and Unfair Commercial Practices as well as significant work to develop initiatives to ‘follow the money’ to uncover ad-fraud and copyright infringements.  But most of all we will remember his wonderfully dry sense of humour, wise-cracks, and his many "don’t tell anyone I told you this, but …" moments. He was a great listener, raconteur, negotiator and dedicated civil servant.   We remember him with great fondness and our thoughts and prayers are with his family during this difficult time. European Advertising Standards Alliance (EASA) Advertising Association

Nationwide media protest launched today in Poland over unacceptable implementation of the #Copyright Act underming #MediaFreedom Today over 350 media outlets from all over Poland, totether with the Chamber of Press Publishers, the Association of Journalists and Publishers Repropol, the Association of Employers of Digital Publishers, the Association of Local Newspapers and the Association of Local Media appeal to politicians to introduce provisions that strengthen publishers in negotiations with big tech, Google, Meta or Microsoft regarding renumeration for the content they use. The current version of the Act must be changed to ensure the economic viability of the media in the face of dominant global gatekeeping platforms. This is not just a copyright issues but a #mediafreedom issue.   At the end of June, the Sejm rejected the amendments proposed by publishers and journalists to support negotiations with mediation. The implementation of the Act on Copyright and Related Rights has now been submitted to the Senate, which is meeting on this issue on 10 July. The protest is visible in editorial publications, news programs, interviews and in social media of the most important media in Poland appealing for support. Furthermore the proposed Act fails to include important safeguards for copyright owners under the TDM exception. The EU DSM copyright directive requires that TDM users must have lawful access to content they want to use for text and data mining - but the Polish Implementing Act has ignored this, leaving all publishers' content vulnerable to unauthorised scraping and copying, for commercial gain of the users, including for training AI. Polish publishers, editors and journalists say that the reluctance of the rulers to address their concerns is a sign of irresponsibility and short-sightedness. We join them in their appeal to the authorities, to deputies and senators of all political opinions, to listen to their arguments and improve the harmful law. #copyright #MediaFreedomAct #AI Press Database and Licensing Network (PDLN) Axel Voss Thierry Breton Marie Frenay Anna Herold Bartosz Hojka

With more and more people accessing publishers' content through #apps on iOS and Android devices, the #DMA's significance in fostering a fair and competitive digital market for app developers is enormous. Attempts by #Apple and Google to circumvent new EU rules aimed at restoring fairness and competition are not going unchallenged. For years, press publishers have grappled with Apple and Google’s restrictive app store policies, including tactics to prevent competition in app distribution and payment solutions, and the imposition of unfair and discriminatory fees. The EPC fully supported the DMA to ensure fairness and competition but Apple and Google's current implementation plans undermine these goals, perpetuating high fees and limited competition.   The EPC supports the EC's swift action to investigate compliance with Article 5(4) and has this week provided concrete proposals to the European Commission advocating for maximum freedom for app developers to present attractive offers to users, as well as for the enforcement of Article 6(12) and the fair, reasonable, and non-discriminatory (FRAND) principle.   Key points from the our analysis include:   - Burden of Proof: Apple and Google must demonstrate how their fees comply with the DMA, not the other way around. EPC proposes a method for justified fees across all app categories. - Fee Justification: Apple and Google should not charge different fees for digital content apps versus apps selling physical goods unless objectively justified. If they cannot justify this, a uniform "no transaction fee" should apply. - Reasonable Fees: If fees are necessary, they should be reasonable and consistent across all payment methods and app categories. Apple and Google may be allowed to charge a one-time acquisition fee in some circumstances. - Any additional fee should be justified by the provision of a specific service, which app developers should be free to use or not; it should also be FRAND. - Non-Discriminatory Practices: Any exclusive deals for certain app developers should be available to all, upholding the essential role of media publishers as highlighted in the European Media Freedom Act. - Core Technology Fee: Apple’s Core Technology Fee (CTF) is deemed unfair, excessive, and non-compliant with Articles 6(4) and 6(7) of the DMA. User Experience: Unnecessary friction, such as "scare screens" or UX restrictions, introduced by Apple and Google must be removed to enhance user experience and competition.   More details can be found on our website https://lnkd.in/eByAi2Ks  

On this World Intellectual Property Day, publishers stand at the intersection of innovation, sustainability, and the transformative power of generative AI. As we navigate the complexities of the digital age, we are confronted with both unprecedented opportunities and profound challenges that we need to address. #WorldIPDay #journalism #copyright #innovation #GenAI

DMA compliance? No, a poisoned #Apple....but nobody is biting. The European Publishers Council calls upon the EC to take action to bring Apple’s proposals into line with the DMA or face non-compliance proceedings Apple’s current plans to comply with the EU Digital Markets Act (DMA) manifestly contravene the DMA, according to members of the European Publishers Council (EPC).  The EPC calls on Apple to review its new terms prior to the implementation deadline of the DMA on 7 March 2024. If important changes are not made, the EPC will request the European Commission to start non-compliance proceedings against the tech giant. The DMA’s goal is clear: to promote fairness and contestability in digital markets by imposing certain obligations on tech giants, such as Apple, in relation to app distribution. EPC members have been counting on this new legislation to lift the unfair restrictions imposed by Apple on app distribution, so that: Publishers can offer their subscribers promotions and deals in their own apps (currently prohibited by Apple); app users can buy subscriptions in-app, without publishers being subject to a disproportionate tax from Apple (currently 30%) publishers can use their own payment systems (currently only Apple’s is available); and they can potentially use alternative app stores to distribute their apps. Angela Mills Wade, Executive Director of the EPC said: “We have reviewed Apple's plans to “comply” with the DMA, disclosed on 25 January, and take the view that they manifestly contravene the DMA.  They will not be fairer or increase competition, and they will make the distribution of news media and magazines more expensive. At times when distributing quality news and a wide range of information should be facilitated, Apple’s proposal sits on the wrong side of history and we call upon  the EC to take action to bring Apple’s proposals into line with the DMA”. The flaws in Apple’s proposal relate in particular (but not only) to the following: Contrary to the text of the DMA, which mandates that some transactions should be “free of charge”, Apple is taxing all transactions relating to digital goods (even more than today); The transaction fee and the newly introduced Core Technology Fee are arbitrary, unreasonable and discriminatory; and The option to use our own payment systems or alternative apps stores are subject to scare messages and / or restrictions which will make them ineffective. Whilst sideloading is still not allowed. Angela added: “Apple must review its new terms as soon as possible and in any event prior to the implementation deadline of the DMA on 7 March 2024. If they do not, the EPC will have no choice but to request the European Commission immediately start non-compliance proceedings against Apple under the DMA.” https://lnkd.in/e7NDZvrG

EU AI ACT: Joint statement from over 200 European organisations in Europe’s media, cultural and creative sector calling on the Member States of the European Union to show global leadership and approve the AI Act at the COREPER meeting on 2 February. We represent a broad coalition of over two hundred organisations in Europe’s creative and cultural sectors, encompassing authors from multiple sectors including music, visual, audiovisual, and literary; book and press publishers of newspapers, magazines and specialised publications, music, scientific and technical publishers; recorded music, film and audiovisual producers; publishers of films and audiovisual content online and offline; distributors and photo agencies. We call on the Member States of the European Union to show global leadership and approve the AI Act at the COREPER meeting on 2 February. The AI Act is a vital piece of legislation that will regulate the role of AI in Europe and help set a global standard for how we expect AI systems to operate. Europe has a unique opportunity to show global leadership in the AI framework, for the benefit of EU citizens, creators, rights holders, industry, and the wider economy. Following the recent rapid emergence of popular generative AI tools, the text agreed upon by the trilogue negotiators proposes light-touch obligations for ‘“General Purpose AI Models.” These obligations represent a minimum basis to build on efforts to enable European creators and rights holders to ensure their rights are being respected and that authorisation is sought for the use of their content. Doing so would foster an environment where rights and commercial freedoms are respected by simultaneously fostering the licensing of creative content to AI models – kickstarting partnership and innovation opportunities. The introduction of such obligations with respect to generative AI is not only the right thing to do but would position the EU to help set a global standard in AI regulation. It would also be an essential enabler for the creation of value in AI and a platform for future development and innovation in the EU. #innovation #AI #copyright #trust #democracy