Gizem Nisa Cebi
December 03, 2024•Update: December 04, 2024
ISTANBUL
The 2nd Symposium on News Copyright and Artificial Intelligence in Media convened Monday at Bogazici University in Istanbul, bringing together prominent experts to discuss the legal and ethical challenges posed by emerging technologies in the media sector.
Organized by Anadolu and Bogazici University with the backing of the Turkish Ministry of Culture and Tourism, the symposium explored the intersection of digital transformation, artificial intelligence and copyright law in news production.
During the first session, experts examined global efforts to update copyright legislation in response to technological advancements.
Amid ongoing discussions at the European Court of Justice regarding Facebook owner Meta’s legal challenge, participants emphasized the critical role of robust legal frameworks and consistent enforcement in upholding quality journalism in the digital age.
Germany, Italy’s experiences on news copyright
Valentina Moscon, Senior Research Fellow for Intellectual Property and Competition Law at the Max Planck Institute, stressed the importance of structured protections for press publishers in Europe.
"The introduction of this formal protection of press publishing in Europe has become necessary as a consequence of the growing power of some tech giants and the development of new business models, which have disrupted press publishers’ traditional ways to monetize and enforce their rights," Moscon said during her address at the first session.
She also highlighted the EU’s directive aimed at preserving a "free and pluralistic press," ensuring fair compensation for publishers and addressing the fragmentation of legal frameworks across its 27 member states.
"Germany, one of the first countries to implement the directive, followed a text-aligned approach, emphasizing that facts are not protected by copyright, consistent with international conventions," she noted.
While the directive seeks to harmonize legal practices, Moscon pointed out persistent challenges, particularly in distinguishing between content protected by copyright and rights granted to press publishers.
"This reform reflects the need to adapt to evolving digital realities while balancing the interests of authors, publishers and society at large, but its effectiveness depends on consistent interpretation and enforcement across the EU," she added.
Later, Giulia Li Greci, legal director at Italian news agency ANSA, shared insights on Italy’s adoption of the EU’s ESCAN Directive through the DGZ decree.
The directive aims to ensure fair revenue distribution for press publications used online, according to Li Greci.
"Article 15 of the ESCAN Directive provides publishers with exclusive rights for the online use of their works by service providers," she said.
Li Greci elaborated on Italy’s measures for equitable compensation.
"AGCOM is tasked with defining reference criteria to ensure fair compensation, including factors like the number of journalists employed, years of activity and market relevance," she said.
She noted that negotiations between publishers and service providers are mandatory, with unresolved disputes referred to judges who rely on AGCOM’s criteria for decisions.
Li Greci also discussed a legal dispute when Meta contested AGCOM’s regulations, arguing they imposed obligations exceeding the directive’s intent and granted undue authority to administrative bodies.
"The Council of State ruled that Meta's objections were not justified, reinstating AGCOM’s regulation and affirming its role in ensuring fairness for publishers," she added, emphasizing the directive’s legal robustness.
