Master in Strategy and Creative Brand Management – UPF-BSM
Learn to conceptualize a brand and define its creative and communication strategy.  Norway Email List Is the debacle generated by changes in the algorithms that control how information is accessed over? Every time Google makes an adjustment in its search algorithm, a complicated period begins for digital media in which they have to try to understand what is happening and how they should behave on the web to be blessed again by search patterns. However, the latest regulatory change could have potentially put a brake on this situation, forcing search engines to notify the media every time the rules of the game change.

This is what El País anticipated , which has had access to the text of the next royal decree that will regulate intellectual property on the internet and which is a transposition of the new European regulations. The text has already passed the approval of the council of ministers, but it must still pass in Congress.

The regulations will oblige online players to provide information “periodically” on how they classify content. The mystery of the algorithm will be much less and, above all, the media will not see – in theory – how the rules of the game change from one day to the next.

The publication of the Royal Decree in the BOE allows you to see how these changes will be. The regulations mark a new context on how content can be shared on the internet and how this affects service delivery platforms. “It will be considered that service providers to share online content carry out an act of communication to the public or of making them available to the public”, states the Royal Decree.

The publication includes a specific article on digital media rights. The regulation gives “publishers of press publications and news agencies” the ability to allow online service providers to act as a lever to reach their content. “The negotiation of said authorizations will be carried out in accordance with the principles of good contractual faith, due diligence, transparency and respect for the rules of free competition, excluding the abuse of a dominant position in the negotiation,” says the norm.

Agreements between media and platforms
That is where what the advance of El País pointed out came in : Change is not the only one that will modify the relationship between the media and the giants of the network. According to the newspaper, the news media will now be able to negotiate payment for the use of their content with Google and Facebook. They must reach an agreement with “contractual good faith, due diligence, transparency and respect for the rules of free competition, excluding the abuse of a dominant position in the negotiation,” according to El País .

Contracts between media and platforms may be private, but – and here is an interesting point – the regulations will force the latter to be transparent with the former. That is, they do not need to tell everyone but when these agreements are closed between each other, the media will have to know how the services in which their content appears (such as Google News and the like) work.

Outside the regulations is the hyperlink, the private use of publications, publications for “scientific or academic purposes” or websites that do not have editorial control, as with blogs.

In addition, this also implies a change of model on how things had been done until now. The previous actions – as happened with Google News and its canon – did not leave the negotiation in the hands of the media, but rather added an intermediary, positioning a rights association as a collection element.

The French model
The model that perhaps can serve to understand what is coming is French. France already incorporated the European legislation on intellectual property before, with which they have already accumulated a few movements connected to it. Pressure against Google and Facebook in France to pay the media for neighboring rights to their content has been escalating in recent times.

But not only that: the regulations have created a clear framework on how things should be, which has generated new fronts of problems for Google. The essence of the rule is that the parties must negotiate in good faith (as in Spain), but justice is not very clear that Google is doing so.

This summer he imposed a millionaire fine for that reason. “Google’s behavior demonstrates a deliberate, elaborate and systematic strategy of disrespect,” declared the French market regulator.

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