The digital press and the defence of intellectual property rights: The Spanish conflict as a European Case Study

Abstract

This article analyses the on-going struggle over property rights in journalism in Europe, with a particular emphasis on the situation in Spain. To do so, we have carried out a historical review of the main conflicts on which the defence of intellectual property on the internet has centred. The European legislative system has tended to shy away from involvement in the area. The decisions and actions of the Member States have revealed a lack of common policy in the field of intellectual property rights as a result of the facultative nature of EU Directives. State judicial bodies diverge in their regulation of the protection of the press regarding news aggregators. Intermediaries are deemed parasites of the transformed value chain of the press industry by certain sectors. In the face of the tension which has surfaced between editors and news aggregators, diplomacy would appear to have become a key player as mediation takes place, with the intermediaries attempting to reach press collaboration agreements with the giants of the net. The services and activities which feature in the digital environment outpace judicial orders and, consequently, out-of-court settlements appear to be preferred by some media. At the same time, they await the EU authorities' debate on the regulatory framework, which is expected to afford greater protection to press editors.