CEDRO vs. GOOGLE DISCOVER:  Is GOOGLE DISCOVER a news aggregator?

Author: Vanessa Jiménez Serranía (Associated Professor UOC)
Published: 05.05.2022
Judgment nº208/2021 of Madrid Commercial Court nº16 (December 20th, 2021) Context and facts This case concerns a dispute between the collecting management organisation CEDRO[1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now abrogated by the implementation of the CDSM Directive[2]) of the Spanish Copyright Act (SCA) between 6 December 2016 and 31 October 2020. Former article 32.2 SCA established an unwaivable fair compensation for publishers and, where applicable, other rightholders accrued by content aggregation online service providers “making available to the public non-significant content fragments, disclosed in periodicals or on regularly updated…