Newspaper Licensing Agency Ltd

Newspaper Working GroupCopenhagen April 2012

Newspaper Licensing Agency Ltd

What is NLA’s web content strategy?

Distinguish between consumer and professionalNewspapers have commercial relationships with Google/facebook etc

NLA addresses professional web monitoring; Meltwater/Moreover etc

Licensing solution:

Web Database Licence for Media Monitoring Organisations to copy (‘scrape’) content and provide a paid-for service

A Web End-User Licence for clients to receive the service Copying online content

Database solution:

Add web content to the eClips database directly from editorial systems

Create services to MMOs (better than web-scraping) Publishers (reference, commercial feeds) Libraries

Newspaper Licensing Agency Ltd

Web licensing timeline

Newspaper Licensing Agency Ltd

What has NLA achieved through the UK courts?

The High Court (2010) / Court of Appeal (2011) ruled:

A headline can be an independent literary work So copying can infringe copyright

Text extracts can benefit from copyright protection Headline/opening sentence/’hit’ sentence

End users need a licence to make copies on their computers By receiving a report or opening a portal link

Newspaper Licensing Agency Ltd

What happened at the Copyright Tribunal?

The Tribunal’s Interim Decision February 2012: Ruled on terms/conditions and pricing

Meltwater failed to argue that licences do not apply / fees should be zero: It is not a search engine or effectively the same as Google A headlines-only service would require a (full-price) licence

NLA licensing structure was upheld for all client categories Prices agreed without change for 2010 and 2011 Modified for 2012 onwards

International clients must be disclosed The challenge now is to license them!

Newspaper Licensing Agency Ltd

What next? Legal challenges

Supreme Court 2013 Meltwater is appealing the ‘temporary copying exemption’

Article 5(1) Information Society Directive Fashionable area of law in the UK

Pub landlady case Top up TV

CJEU? 2015? Does anyone have any restaurant recommendations for Strasbourg?

Newspaper Licensing Agency Ltd

What next? Commercial

Start invoicing! Licensing effective from 2010 Transform pirates to customers!

Sell eClips Web database services to MMOs Superior to scraping Makes licensing more effective New revenue stream for publishers

Monitor Google effect on media monitoring Establish research study with MMOs

Meltwater can now focus on other actions! Norway, Canada and USA