The Press Publishers Right Under DSM Article 15: Italian Framework and Operational Reality

Article 15 of the EU Digital Single Market Directive (2019/790) introduced a new neighbouring right for press publishers — sometimes called the “ancillary right” or, by critics, the “link tax”. The right was one of the most contested elements of the DSM legislative process and has produced significant operational and legal consequences since transposition. Italy transposed the right through D.Lgs. 8 November 2021 no. 177, introducing Articles 43-bis and 43-ter into the Italian Copyright Act (LDA).

This guide explains the current Italian framework, enforcement mechanisms, and the practical reality of agreements between press publishers and major information platforms (Google, Meta). For the broader copyright framework, see our master pillar guide to copyright law in Italy and Europe.

What is the press publishers right

Article 15 of the DSM Directive grants press publishers a neighbouring right over the online use of their press publications by information society service providers. The right covers reproduction and making available to the public of press content by online platforms — typically news aggregators, search engines, and social media that include press excerpts and links.

Key features:

• Duration: 2 years from 1 January of the year following publication;
• Right holders: publishers of press publications established in an EU Member State;
• Press publication defined: a collection of literary works of journalistic nature, periodically or regularly updated, with the purpose of providing the public with information about news or other topics, published in any media under the responsibility of a service provider;
• Authors retain their rights: the publishers’ right does not affect authors’ separate copyright in their journalistic works;
• Authors entitled to share: Article 15(5) DSM requires authors to receive an appropriate share of the revenues press publishers receive for the use of their publications.

Italian implementation

Italy transposed Article 15 through D.Lgs. 177/2021, introducing into the Italian Copyright Act:

• Article 43-bis LDA: the substantive right of press publishers;
• Article 43-ter LDA: provisions on the relationship with authors and authors’ share of revenues;
• Specific procedural mechanisms for negotiation and enforcement administered by AGCOM (the Italian Communications Authority).

The Italian implementation is notable for providing one of the more publisher-friendly transposition models in the EU — with specific AGCOM-administered procedures designed to facilitate effective negotiation rather than leaving publishers to bilateral leverage against major platforms.

Scope and exceptions

The right applies to commercial uses of press content by information society service providers. Specific exclusions apply to:

• Private and non-commercial uses by individual users;
• Hyperlinking: the act of linking to press content is not covered;
• Very short extracts: the use of “single words or very short extracts” of press publications does not require authorisation. The exact threshold of “very short extracts” has been contested and varies in implementation;
• Scientific or academic research: standard research exceptions apply;
• Use of facts: factual information in press content remains free (under the idea/expression dichotomy — see our idea/expression dichotomy guide).

The “very short extracts” carve-out and the hyperlinking exclusion have been particularly contested. Platforms have argued for broad interpretations; publishers have argued for narrow ones. National implementations vary on the precise threshold.

AGCOM enforcement framework

Italy chose to administer the right through AGCOM (Italian Communications Authority), with specific procedural frameworks:

• Negotiation procedures: AGCOM regulations provide structured negotiation timelines between press publishers and information society providers;
• Determination of fair compensation: where parties cannot reach agreement, AGCOM can determine appropriate compensation based on specific economic criteria;
• Transparency obligations: information society providers must provide publishers with usage data necessary to calculate appropriate compensation;
• Author compensation enforcement: AGCOM monitors publishers’ compliance with the Article 43-ter LDA obligation to share revenues with authors;
• Sanctions: AGCOM can impose administrative sanctions on non-compliant parties.

The Italian approach contrasts with jurisdictions that left enforcement to bilateral negotiation alone, which often produced limited or no agreements with major platforms.

Negotiations with Google, Meta, and other platforms

Italian implementation has produced concrete agreements:

• Google News Showcase: agreements with major Italian publishers (Corriere della Sera, La Repubblica, La Stampa, Il Sole 24 Ore, others) covering content licensing and revenue sharing;
• Meta (Facebook) deals: separately negotiated agreements with Italian publishers, though Meta has been more contested in negotiation approach across the EU;
• News aggregators: various smaller aggregators have negotiated specific licensing arrangements;
• AI platforms: emerging area — AI training and AI-generated summaries using press content raise new questions under the framework.

For Italian publishers, the framework has produced meaningful revenue streams from platforms that previously paid little or nothing for press content use.

AI training and press content

An emerging frontier: AI companies training on press content. The intersection of Article 15 DSM and the broader DSM Articles 3-4 (text and data mining) framework raises specific questions:

• Does Article 15 cover AI training? The press publishers right was designed for news aggregators and social media excerpts, but its scope arguably extends to AI training where output includes press content reproduction;
• Opt-out via Article 4 DSM: press publishers can opt out of TDM training under DSM Article 4, but operational opt-out has been inconsistent;
• AI-generated summaries: when AI products generate news summaries based on training on press content, the Article 15 framework potentially applies;
• Litigation: NY Times v. OpenAI and parallel European cases test these boundaries directly.

Italian press publishers have begun including AI-specific opt-outs in licensing terms and exploring Article 15-based claims against AI summarisation products.

How DANDI supports publishers and platforms

DANDI.media supports press publishers, online platforms, and AI companies on press publishers right matters:

• Article 15 / 43-bis LDA compliance analysis;
• Negotiation with information society providers (Google, Meta, others);
• AGCOM procedural representation;
• Author compensation compliance (Article 43-ter);
• Licensing agreement drafting;
• AI training compliance and opt-out implementation;
• Cross-border coordination across EU implementations.

For consultation, book directly with Avv. Claudia Roggero or Avv. Donato Di Pelino.

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