Europe’s magazine media are continually pushing themselves to new heights, in terms of delivering their customers with creative, quality content. Key to the sustainable delivery of independent, quality, professional content are copyright and advertising. Copyright provides the framework for securing remuneration for the huge investment needed to produce this content. In addition, freedom of commercial communication, which is an integral part of the overall principle of freedom of expression, is essential given that advertising revenue is the life-blood of most of Europe’s magazine publishers.
EMMA therefore works to safeguard the prosperity of this creative, trusted quality content, in particular in the context of discussions impacting advertising, as well as copyright and its enforcement.
a. Advertising: bans, restrictions and requirements
I. Revision of car labeling Directive
II. Revision of data protection Directive
III. Proposal for a Directive on Credit Agreements relating to residential property
b. Copyright-related issues
I. Review of copyright law
II. Copyright infringement and review of enforcement Directive
III. Proposal for a Directive on certain permitted uses of orphan works
a) Advertising: bans, restrictions and requirements
Europe’s magazine media are investing huge amounts of money to develop sustainable online business models that customers will pay for. In the meantime, most online offerings are supported by up to 100% advertising revenue (compared to around 50% for printed media). Advertising in the print media is therefore fundamentally important, not only for maintaining the free and independent diverse press we have today, but also to help secure the development of a sustainable, quality online press for the future. Any restrictions on advertising for either printed or online magazine offerings would therefore be disastrous for the industry.
Some examples of current potential threats include the following:
1. Revision of the “Car Labelling” Directive
The initiative:
- Upcoming revision of Directive 1999/94/EC relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars.
Relevance for magazine media:
- The existing labelling directive calls for mandatory information in car advertising in printed media. This does not only represent clear discrimination against the printed press compared to other media, but it also has a negative effect on financing the free press.
- Indeed, advertising revenue is crucial for maintaining the free and diverse press we have today as most online offerings are supported by up to 100% advertising revenue compared to around 50% for printed media. Any further restrictions on advertising that could result from the revision of the Directive could therefore pose serious problems for Europe’s magazine media.
- As well as posing a severe threat to the financing of the free press, advertising restrictions would also be counterproductive to any successful climate policy. If an advertising message has to be linked with negative information it is quite likely that advertisers would abstain from placing advertisements in magazines. The decrease of revenues from advertising leads in the end to a loss of editorial content, including on climate change and other environmental issues.
Further information
- Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars
- Contact person: Amandine Labé – EU Affair Officer –amandine.labe@magazinemedia.eu - +32 (0)2 536 0608
2. Revision of the Data Protection Directive
The initiative:
- Revision of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data
Relevance for magazine media:
- In a period where numbers of subscribers fall by up to 30% annually, due to both normal fluctuation, as well as the shift in readership from print to online, the income offered by advertisements has become vital (with most online offerings supported by up to 100% advertising revenue).
- It is important not put further into jeopardy the possibility for publishers to develop and maintain new business models or the advertising revenues that are crucial to sustain the free press and develop innovative business models for the future.
- The upcoming revision of the current Data Protection Directive must therefore not inadvertently create obstacles to classical advertising or any new forms of advertising (e.g., online behavioral advertising), given the potentially devastating effects for Europe’s magazine media and, more broadly, the impact on media diversity which is so important in a democracy.
Further information
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Commission Communication on ‘A comprehensive approach on personal data protection in the European Union’
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Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
3. Proposal for a Directive on Credit Agreements relating to residential property
The initiative:
- Proposal for a Directive on credit agreements relating to residential property (COD 2011/0062)
Relevance for magazine media:
- The recent Commission Proposal for a Directive aims to offer a higher level of protection to borrowers including by introducing mandatory standard information requirements that should be introduced in advertising. This includes details regarding the credit as well as a warning message concerning the risk of losing the immovable property in the event of non-observance of the commitments linked to the credit agreement.
- EMMA strongly opposes this approach as advertising for financial products is already characterized by a high degree of regulation. A further extension of mandatory information requirements in advertisements could severely harm publishers‘ revenues, given that mandatory information in advertising often leads to a shift of advertisers from printed to other media. Of particular concern is the suggestion of introducing a warning message in advertising: This threatens the advertising message and ultimately the publication of the advertisement in the printed press.
Further information
- Commission proposal (COD 2011 / 0062)
- Contact person: Amandine Labé – EU Affair Officer –amandine.labe@magazinemedia.eu - +32 (0)2 536 0608
The professional content produced by Europe’s magazine media, as well as providing information on all topics that are relevant for society, constitutes an important element in the shaping of public opinion that is essential in a democracy. This high-value quality content costs a significant amount of money to produce, so effective copyright protection is key to securing the journalism, comment and analysis that are fundamental elements of any democracy. Publishers must be able to rely on copyright protection to secure remuneration for their investment and for the sustainable delivery of creative content.
With an increase in digital offerings from Europe’s magazine media has come an increase in the problem of money being made illegally out of illegally-obtained and communicated content. So, it is more important than ever that enforcement is quicker and cheaper, and that infringers can be easily identified.
The initiative:
- Commission Communication on ‘A Single Market for Intellectual Property Rights: Boosting creativity and innovation to provide economic growth, high quality jobs and first class products and services in Europe’ (COM(2011) 287)
Relevance for magazine media:
- The Commission’s IPR strategy, sets out the Commission’s planned initiatives on copyright related issues, which include a review of the EU’s Copyright Directive. It recognizes that copyright stimulates the creation of creative content, as well as the important role of magazine publishers in disseminating content. Importantly, it also underlines the right publishers have over “the use of their works in the internet, in particular in view of the rise of news aggregation services.’’
- Magazine publishers believe that current copyright rules are broadly fit for purpose and any further exceptions to copyright rules should be rejected, as they pose a direct threat to publishers’ economic sustainability and their ability to respond adequately to digital challenges. It is important that the EU does not allow any weakening of copyright law, as doing so would pose a risk to Europe’s magazine media being able to continue producing the trusted, quality content their readers enjoy and would therefore threaten media diversity.
Further information
- Commission IPR Strategy (Communication on ‘A Single Market for Intellectual Property Rights’) (May 2011)
- Joint FAEP / VDZ Berlin Declaration of March 2011 (www.berlindeclaration.eu)
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
2. Copyright infringment and review of enforcement Directive
The initiative:
- Commission review of Directive 2004/48/EC on the enforcement of intellectual property rights.
Relevance for magazine media:
- A fundamental problem for magazine publishers is that money is being made illegally out of illegally obtained and communicated content. Piracy is having a hugely negative impact on publishers’ business models: in particular digital offerings are easily copied and monetized. Infringers make money from advertisements carried on illegal websites and also charge for the downloading of illegally obtained content.
- The different possibilities to utilize content on the internet and via tablets make it very easy for third parties, like aggregators, search engines and pirate sites, to use publishing houses’ creative content for free, without authorization and remuneration of the publisher. It is important that copyright draws the line between reference to content and unauthorized re-use.
- Enforcement therefore needs to become quicker and cheaper, and it should be easier to identify infringers.
- At the same time it must be noted that publishers provide valuable forums for expression, so a situation must be avoided whereby a threat of liability will discourage intermediaries from allowing users to comment, communicate and express their opinion online. Protection of intermediaries from liability for the actions of third parties in contrast encourages intermediaries to maintain and create new services which allow for user participation and encourages the free expression and exchange of opinions that is vital for a vibrant democracy. If a posting is illegal, it should be taken down, but an intermediary should not be forced to monitor or even censor posts of users in general. A situation must be avoided where access providers have unfettered powers to control content.
Further information
- Commission report on the application of Directive 2004/48/EC.
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
3. Proposal for a Directive on certain permitted uses of orphan works
The initiative:
- Proposal for a Directive on certain permitted uses of orphan works.
Relevance for magazine media:
- High-value, professional content costs a significant amount of money to produce, so effective copyright protection is key to securing a quality and diverse media. While publishers support the EU’s goal to promote the digitization of cultural and scientific works in order to preserve Europe’s heritage, it is crucial that rightholders should always be able to decide whether or not to grant permission for the use of their work, and have the possibility to be remunerated where there has been use of their works.
- It is important that the Commission’s proposal should take into account the specificities of the different sectors concerned, and ensure that the provision of access to orphan works should never conflict with or endanger publishers’ commercial offers, as well as current and future business models.
- EMMA therefore believe that the Proposal needs to be clarified in several areas to avoid publisher-owned works being copied and made available – with commercial benefits – without publishers’ knowledge, which would be detrimental to their businesses.
Further information
- Commission Proposal for a Directive on certain permitted uses of orphan works.
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602