On Thursday 17 October, Culture Minister Rachida Dati announced to the Senate her intention to prepare a bill for early 2025 incorporating the main measures put forward in the conclusions of the ‘Etats généraux de l’information’ (EGI) (EGI), enriched by the reflections set out in both the ‘100 proposals of the presidential majority MPs’ and the bills already tabled, notably in the Senate under the aegis of Senator Sylvie ROBERT.
Both in the conclusions of the EGI and in recent parliamentary work, the need to establish a fair sharing of value between the press and GAFAM is central to safeguarding and sustaining the economic model of the press.
Created to collect and distribute neighbouring rights for publishers and press agencies, the collective management organisation Droits voisins de la presse (DVP) calls for this legislative vehicle to be used to consolidate neighbouring rights by clarifying the negotiation procedure with digital companies, particularly in view of the fragmented information provided by the latter to media players. The collection of royalties from payers, particularly large platforms, faces many difficulties that could be largely resolved by legislative adjustments.
Firstly, mechanisms need to be put in place to ensure transparency in the assessment of the neighbouring rights base. This transparency relies on the transmission by payers of relevant, reliable, sourced and updated data enabling the direct and indirect value derived from the exploitation of publishers’ and press agencies’ content to be assessed.
Secondly, it is necessary to compel payers to negotiate in good faith and within a reasonable time frame the fair remuneration due in return for licences granted by publishers and press agencies allowing them to exploit this content legally.
Finally, too much time is wasted discussing the eligibility of certain press titles, even though they are recognised as such by the French State. DVP supports the MIMP group’s proposal (No. 14) to make recognition by the CPPAP a sufficient and automatic condition for the eligibility of CPPAP-certified publications for neighbouring rights, in order to put an end to the delaying tactics of certain payers.
Furthermore, as a collective management organisation open to all publishers and press agencies, DVP can only welcome the EGI’s recommendation to use a collective management tool for news media in order to better protect and promote their rights at a time when they are facing the rise of generative AI.
Created just three years ago and chaired by Mr Jean-Marie CAVADA, DVP is mandated by more than 320 publishers and press agencies publishing 730 press publications.
It has already signed licensing agreements with Google and Meta, as well as with service providers in the B2B market. DVP is continuing negotiations with other payers and is seeking to obtain a fairer valuation as part of the renegotiation of agreements for the coming years.