The concept of “publisher” and Article 16 DSM Directive– using the example of stock image agencies

Author: Jan Bernd Nordemann (NORDEMANN) and Henrike Strobl (NORDEMANN)
Published: 10.10.2022
According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”? After the adoption of Article 16 DSM Directive the answer to this question has considerable practical significance in the European Union. This post explores who should be considered a “publisher” within the meaning of that provision. For example, would stock image agencies which have been granted rights by authors…