Copyright and Related Rights in the Digital Single Market Regulations (S.L. 415.08), Regulation 15, Press Publishers' Right
S.L. 415.08 (L.N. 261 of 2021), reg. 15 (Protection of press publications concerning online uses)
In force.
A press publishers' right rule binding private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Attribution
As of .
What it requires
- Applies to information society service providers that make online use of press publications (collections composed mainly of journalistic literary works, forming an item of a periodical under a single title and published under a service provider's editorial responsibility); scientific and academic periodicals are outside the definition.
- Obtain the press publisher's authorisation before reproducing its press publications, or making them available to the public, in any online use.
- You need not obtain it for mere facts reported in a press publication, for private or non-commercial use by individual users, for hyperlinking, or for individual words or very short extracts.
- You need not obtain it for press publications first published before , or once the right has lapsed, two years from the end of the year following publication.
What this law does
Publishers of press publications have the exclusive right to authorize or prohibit the reproduction of their press publications by information society service providers for any online use. They also have the exclusive right to authorize or prohibit making their press publications available to the public so that members of the public may access them from a place and at a time individually chosen by them.
The rights do not extend to mere facts reported in a press publication and do not include private or non-commercial uses by individual users or acts of hyperlinking. They also do not include the use of individual words or very short extracts of a press publication.
A press publication is a collection composed mainly of literary works of a journalistic nature that forms an individual item within a periodical under a single title and is published under the editorial responsibility and control of a service provider. The rights last two years from the end of the year following the date on which the press publication is published. They do not apply to press publications first published before .
The regulations were published as Legal Notice 261 of 2021 in the Government Gazette of Malta number 20,647 of .
When LexLint raises it
When your app profile says your app reuses other publishers' content.