Positionspapier Ancillary Copyright for Publishers – Taking Stock in Germany
The ancillary copyright for publishers (§§ 87f et seq. of the German Copyright Act) was adopted shortly before the end of the last election period in March 2013, despite strong criticism from business associations (BDI, Bitkom, eco etc.) and clear warnings from academics (MPI, GRUR, DAV etc.). Among other things, the ancillary copyright has been criticized for not being justified, neither legally nor economically and for inducing significant collateral damage. A few months after the adoption, the new Federal Government announced plans, in its coalition agreement, to evaluate and review the ancillary copyright as to the achievement of its goals during the current election period.
Against this background and with a view to the ongoing debate on the opposition’s motion seeking abolishment of the law this paper aims at summarizing facts and recent evaluations of the law’s policy outcomes and revisiting arguments made during the legislative process.