The Federal Council is planning a new law to remunerate media companies and journalists for the use of their content by major online services such as search engines and social media. This initiative aims to make the digital use of journalistic services fairer and to strengthen media diversity in Switzerland.
Media content online – time for fair remuneration?
In the digital era, the distribution of news and information has shifted significantly to the internet. Platforms such as search engines, social networks and multimedia portals profit considerably from journalistic content, but without paying appropriate remuneration to the authors. To counteract this imbalance, the Swiss Federal Council is planning to introduce an ancillary copyright for media companies. This is intended to ensure that large online services pay remuneration for the use of so-called “snippets” – short text and image excerpts in search engines.
Ancillary copyright: a new model for the digital media landscape
On 26 June 2024, the Federal Council took note of the results of the consultation on the partial revision of the Copyright Act (CopA). The preliminary draft stipulates that large online services that reach at least 10% of the Swiss population each year must in future pay remuneration to media companies if they use their content in the form of snippets. The utilisation of rights is to be carried out collectively via a collecting society. This approach is modelled on similar regulations in the European Union and aims to improve the financial situation of media companies and journalists. The FDJP is to prepare a dispatch by the first half of 2025.
Legal framework: Why snippets could soon cost money
The planned ancillary copyright extends the protection of journalistic content beyond existing copyright law. While copyright law primarily protects complete works, the ancillary copyright aims to include short excerpts – which were previously not protected. This is intended to prevent large online platforms from utilising this content without the financial participation of the authors. The introduction of such a right requires an amendment to the Copyright Act and the establishment of clear guidelines for the collective utilisation of rights.
Opportunity or risk? What ancillary copyright means for the media
The introduction of ancillary copyright is not without controversy. Critics doubt that the expected revenue will be sufficient to solve the financial challenges facing the media industry. There are also concerns that large online services could restrict their offerings in Switzerland in order to avoid the obligation to pay remuneration, which would ultimately reduce the visibility of journalistic content. Proponents, on the other hand, argue that fair remuneration for the use of journalistic services is essential in order to promote quality journalism and ensure media diversity.
Obligations for platforms: How the use of journalistic content could change
For media companies and journalists, the planned regulation potentially means additional sources of income. However, it is important to follow developments closely and familiarise themselves with the mechanisms of collective rights management at an early stage. Large online services should review their terms of use and, if necessary, make adjustments in order to fulfil the new legal requirements. It is advisable to proactively seek dialogue with collecting societies and media companies in order to establish fair and transparent remuneration models.
Why artificial intelligence is being left out (for the time being)
The current debate on ancillary copyright for journalists and media companies is primarily focussed on remuneration from large online platforms such as search engines and social networks. Artificial intelligence (AI), in particular generative models such as chatbots and automated news summaries, has so far been largely ignored in this debate.
This is mainly due to the fact that ancillary copyright law relates to the use of journalistic content by human actors and traditional digital platforms. However, AI models operate on the basis of training data and generate new content instead of simply disseminating existing content. The distinction between authorised use and possible copyright infringement is therefore complex and has not yet been legally regulated in a clear manner.
Another reason for the exclusion of AI from the current legislative initiative is technological progress: many AI-supported systems are still under development and their actual impact on journalism is difficult to predict. Legislators want to avoid adopting a regulation that is quickly outdated by new technological developments or proves to be unenforceable.
In the long term, however, it will be hard to avoid AI-generated content and its use by large technology companies becoming the focus of regulatory measures. It remains to be seen whether future legislative initiatives will extend the ancillary copyright to AI systems or whether separate regulations will be created for this purpose.
The future of ancillary copyright: what media and platforms can expect now
The planned introduction of an ancillary copyright for media companies in Switzerland represents a significant step towards making the digital use of journalistic content fairer. Although the measure is controversial, it offers the opportunity to strengthen the financial basis of media companies and journalists and thus promote media diversity. Further developments remain to be seen, in particular how the implementation will affect the relationship between the media and large online platforms.
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