IrelandEuropean Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021, Press Publisher Right
European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (S.I. No. 567 of 2021) reg. 13, applying ss. 37, 39 and 40 of the Copyright and Related Rights Act 2000
In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- a regulation made under an act
- Categories
- Linking framing
What it requires
- Applies to information society service providers that use, online, the press publications of publishers established in the State.
- Obtain the press publisher's permission before reproducing or making available online its press publication (the reproduction and making-available rights of sections 37, 39 and 40 of the Copyright and Related Rights Act 2000 apply to that use).
- You need not obtain it for an individual user's private or non-commercial use, acts of hyperlinking, or the use of individual words or very short extracts.
- The right lasts two years, running from 1 January of the year after the press publication was published; regulation 13(6) states that this term does not apply to a press publication first published before .
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a headline with a snippet of a given length fall within 'very short extracts of a press publication' in regulation 13(1) of S.I. No. 567 of 2021, when the statute sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'online use of their press publications by information society service providers' in regulation 13(1), the questions referred to the Court of Justice in Case C-250/25?
What this law does
Regulation 13 applies the reproduction and making-available rights in sections 37, 39 and 40 of the Copyright and Related Rights Act 2000 to publishers of press publications established in the State for the online use of their press publications by information society service providers. The right does not reach private or non-commercial use of a press publication by an individual user, acts of hyperlinking, or the use of individual words or very short extracts of a press publication.
It lasts two years, running from 1 January of the year following the year the press publication was published. Regulation 13(6) provides that paragraph (5), the two-year term, shall not apply to a press publication first published before . Article 15(4) of Directive (EU) 2019/790, which the Regulation gives effect to, states that carve-out differently: it provides that paragraph 1, the right itself, does not apply to press publications first published before .
Authors of works incorporated in a press publication are entitled to an appropriate share of the revenues the publisher receives for the publication's online use. A dispute under the Regulation may be submitted to a mediator under the Mediation Act 2017 without prejudice to judicial remedies.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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