Media Analysis and Copyright: European Perspectives Viewed from the Atlantic

Abstract

The construction of the European information market has justified the adoption of several harmonizing measures on copyright law. The approach followed is to establish minimal standards and minimal harmonization. However, media analysis activities claim special rules of protection, having in consideration the Bern and the Rome Conventions, concerning the exclusive right of reproduction, the protection of fait divers and the principle of copyright fair use. Media analysis is an information service that includes monitoring and clipping activities. Some argue that these businesses could be justified under the private copy exception as mandates of their clients. However, the commercial nature of this use seems notorious. Perhaps it should be more adequate to establish a system of compulsory licenses for these activities, in exchange for an equitable compensation to copyright holders. Moreover, it is remarked that the free flow of information should not be eclipsed in the interpretation of the EC Directive on database protection. In any case, the solution to the conflict of interests placed by these activities should take in due consideration not only the interests of media analysis undertakings and the interests of their clients, but also the interests of the right holders and the general interest