Earlier this week, the CJEU confirmed that press publishers are entitled to fair remuneration when online platforms use their content, strengthening their bargaining power under the EU Copyright Directive. Dismissing key arguments from Meta, the court held that national mechanisms, such as Italy’s system allowing a regulator to oversee negotiations and set compensation, are compatible with EU law. While these rules may limit platforms’ freedom to conduct business, the court found this justified to ensure a fair and balanced marketplace, enabling publishers to recoup investment and protect media pluralism.
In coverage from World Trademark Review, Dafydd Bevan (Partner & Solicitor for Marks & Clerk) highlighted the wider IP and commercial implications, noting the decision is likely to drive adoption of similar remuneration regimes across EU Member States, further strengthening publishers’ negotiating positions. He warned that platforms will face increased legal and financial pressure, with stronger obligations to pay for news content even where it is already licensed, and stressed the need for “more meaningful remuneration agreements” to avoid regulatory intervention. Bevan advised platforms to reassess licensing arrangements and prepare for more structured negotiations, underlining how the ruling reshapes the balance of power in content-related IP rights.