@article{48643,
      recid = {48643},
      author = {Ula, Furgał,},
      title = {The Emperor Has No Clothes : How the Press Publishers’  Right Implementation Exposes Its Shortcomings.},
      pages = {1 online resource (pages 650–664)},
      abstract = {This article discusses the implementation of the press  publishers’ right introduced by Art. 15 of the Directive on  Copyright in the Digital Single Market (CDSM). It analyses  Member States’ transpositions through the lens of the  legislative intent of the EU legislator, who aimed to  strengthen the press publishers’ bargaining position  towards digital intermediates while preserving users’  freedom to share information online. The article argues  that the implementation process further exposes the  shortcomings of the press publishers’ right and its  unfitness to deliver the goals set. The negotiation basis  that the right provides is neither clear, nor capable of  correcting bargaining imbalances, as it is unable to force  relevant platforms to the negotiation table. The extension  of the scope of the press publishers’ right to social media  is questionable, as it inherently influences users’  freedoms. The article cautions against the implementation  of the press publishers’ right in a way that mimics the  solutions endorsed in the competition law-based bargaining  codes with the excess of implementation freedoms provided  by the CDSM Directive.},
      url = {http://tind.wipo.int/record/48643},
      doi = {https://doi.org/10.1093/grurint/ikad025},
}