On August 2, Agence France-Presse (AFP) filed a lawsuit against X, the company formerly known as Twitter, citing Europe’s “neighboring rights” legislation. In a press release, AFP demanded that X disclose data related to the number of times articles were shared on the platform. The purpose of this legal action is to compel X, according to the law, to provide all necessary information to calculate the remuneration owed to AFP under the neighboring rights legislation.
The neighboring rights legislation in the European Union was updated in 2019 to include news organizations and their published works. This law prohibits social media organizations operating in the EU from reproducing news content without an agreement with the original publisher. Essentially, the law aims to establish a system similar to copyright royalties for entertainment media. Social media platforms and other outlets that reproduce or facilitate the reproduction or sharing of copyrighted material, including news articles, would be required to make payments based on per-use basis.
The law encompasses not only text but also video, images, and audio files. While it is unclear exactly which media AFP is referring to, the law does exempt hyperlinking, specific words, and “very short” text snippets. This suggests that AFP may be seeking compensation for shared images, videos, or text snippets that exceed the limit of “very short.”
In response to the reports of the lawsuit, X’s owner Elon Musk expressed his bewilderment on the platform, calling the situation “bizarre.” Musk questioned the demand for payment from X to AFP, pointing out that AFP generates advertising revenue from the traffic X directs to their site.
This is not the first time AFP has clashed with tech giants over the neighboring rights law. In 2021, Google was compelled to reach an agreement with AFP after a two-year legal battle. The agreement addressed the neighboring rights issue and ensured fair compensation for the French media outlet.
Overall, AFP’s lawsuit against X highlights the ongoing tension between news organizations and social media platforms regarding the use and sharing of copyrighted content. The European Union’s neighboring rights legislation seeks to protect the rights of news publishers and establish a fair payment system for the reproduction of their works. The outcome of this lawsuit will likely have implications for how news organizations and social media platforms navigate their relationship and responsibilities in the digital age.
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