The Independent Publishers Initiative brings together ten independent Polish publishers of online media in Poland, who operate outside the structures of the largest media companies.
– As entrepreneurs and independent publishers of online media, we play a key role in maintaining pluralism of views and media freedom on the Internet. Our independence and diversity are the basis for a healthy and democratic public debate. Given the dominance of international corporations in the media market, we need to have a strong and unified position in negotiations regarding remuneration for sharing our content – the Independent Publishers state.
Independent publishers want to talk to big tech together
Ten digital publishers are signatories to the agreement: BezPrawnik, Defense24; E-Motion Media (Spider’s Web); Filmweb; GLOB360 (naTemat, INNPoland, dadhero); Iberion (Goniec, Świat Gwiazd, Nasze.pl); OV Grupa (Meczyki, Telepolis, PPE), Polish Society for Support of Entrepreneurship – Online (WNP, Local Government Portal, Food Portal, DlaHandlu); SmartWeb Media (android.com.pl); Webedia Polska Joint Stock Company (Gry-online, Filmomaniak).
The deal was coordinated by Mariusz Klamra, founder and former CEO of the Gry-online portal. As he tells Wirtualnemedia.pl, the structure is not legally formalized.
– We do not intend to create a formal entity because we do not yet see such a need.. According to our lawyers, there is no need to formalize a publishers’ association to conduct group negotiations. If necessary, we will take such measures,” says Mariusz Klamra.
The Independent Publishers Group was established on 13 August 2024 in Warsaw in response to the amendments to the Copyright and Related Rights Act adopted on 26 July 2024.
– We signed an agreement that defines what we would like to do together. Our main goal is to talk to digital platforms, because we finally have this opportunity thanks to the change in the Law. It is necessary to regulate the issue of the use of our work and our content by these platforms without remuneration, which has been discussed and raised by us and others for years. – says Mariusz Klamra.
In the opinion of Independent Publishers, the regulations establishing the rules for remunerating publishers for the use of their content by global digital platforms “may in the future favour websites belonging to the largest media companies in Poland and lead to the need to close others”.
– We understand that there are too many entities on the market. We want clear and straightforward rules to remunerate all publishers for their content. This is mainly what we will fight for. We want to promote a model of agreement and cooperation with the big tech companies so that other, smaller publishers can benefit from it, says Mariusz Klamra.
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What negotiation strategy will publishers have?
– Other countries that have previously conducted these negotiations will serve as a reference for us. It is clear that in countries where legislation gave a little more freedom to digital platforms, conversations were much more difficult for publishers.. However, where the legislation was more precise, the negotiations went more smoothly. For us, the most interesting countries where these agreements were concluded were Australia, Canada, France and Germany – says Mariusz Klamra in an interview with Wirtualnemedia.pl.
According to the Mediapanel Gemius/PBI study, independent publishers’ websites reach 18.84 million real users monthly (July 2024), which is almost two-thirds of Polish internet users.
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The biggest change to copyright law in 30 years
The amendment to the Law on Copyright and Related Rights, the Law on the Protection of Databases and the Law on the Collective Management of Copyright and Related Rights was signed by the President on 14 August. It adapts Polish regulations to the realities of a world that takes digital reality into account. It will allow the media to receive royalties on journalistic content used by big tech.
The amendment implements two EP directives into the Polish legal system. The first of these, called the SATCAB II directive, is intended to create conditions that allow for wider broadcasting in the Member States of television and radio programmes originating from other Member States.
The second, called the DSM Directive, was the EU’s response to the challenges related to the development of digital technologies in the area of copyright.
The regulation introduces, among others: new forms of fair use of works, objects of related rights and databases (text and data mining, reproduction for the preservation of cultural heritage collections) and significantly modifies the forms already existing in EU legislation (use of works for distance learning purposes).
