Private Property vs. Public Policy Vision in Ancillary Copyright Law Reform

Algorithmic distribution has fundamentally altered the news industry and has led to conflicts over regulatory issues. Focusing on the introduction of European ancillary copyright, this chapter addresses an earlier international reform around algorithmic news distribution. Based on an in-depth thematic analysis of key documents from the policy formulation phase, the chapter maps the arguments for and against the ancillary copyright reform put forward by Google and news publishers in Germany. While we provide a detailed analysis of the underlying rationales of two key actors primarily affected by the regulation, we also place ancillary copyright in the context of competing private property and public policy visions, which allows for a better understanding of how and why different actors take particular positions on copyright reform and algorithmic regulation.