Taking the Long View: The Business of News and the Limits of Copyright

Abstract : In response to the five commentaries in this symposium, this essay revisits and expands upon some of the central claims of Who Owns the News? A History of Copyright (2019). The essay discusses the chronological scope of the book in relation to contemporary debates about legal protection for news, and considers some of the questions that could be explored further, such as the rights and bargaining power of journalists and the tension between copyright law and freedom of expression. In light of the recent adoption by the European Union of a new IP right for press publishers, the essay recalls previous historical moments in which news publishers have claimed that existing copyright laws were insufficient to protect their investments, the special remedies that they proposed, and the political and cultural arguments used to oppose their efforts. Taking the long view shows that news has almost never paid for itself, meaning that some form of subsidy is needed. But history also reveals the distinctive features of news publications that distinguish them from other fact-based works, suggesting some of the limitations of copyright as an incentive for journalism.