A publisher is essential to get publications on the market. Yet it is not the publisher, but the creator himself who holds the copyrights to these works. Unlike the film and music producer, the publisher does not automatically have its own neighbouring rights to these works. For the acquisition of any (exploitation) rights, the publisher must therefore make arrangements with the maker. Viewed in this light, the position of a publisher is not very strong. Partly for this reason, the market position of publishers has deteriorated in this digital age. Their publications are shared online all the time, often without compensation.

This will however (partly) change with the recent adoption of the revised copyright directive. The directive provides publishers with a press publisher’s right for press publications. Press publications are understood to mean journalistic publications, for example in daily, weekly or monthly newspapers and on news websites. This neighbouring right aims to protect publishers against unauthorised online use by information services, such as news aggregators, search engines and other online platforms.

Digitisation has also given rise to new forms of exploitation for publishers. In addition to the traditional media forms of printed publications, such as books, magazines and newspapers, the works are currently also available digitally through subscriptions.

Finally, digitisation has raised new topics within the publishing sector. The European court, for instance, recently ruled that e-books – unlike physical copies – are not susceptible to ‘exhaustion’. As a result, reselling second-hand e-books is prohibited, without permission of the author. The judgment may not only apply to e-books, but also to other digital content in the areas of media and entertainment.

As a publisher, you might therefore face various challenges: from contracting with creative creators to enforcing your intellectual property. In these areas, SOLV has both the required experience and the necessary knowledge to assist you.

Our services

  • Litigating in infringement proceedings on behalf of rightholders, whether in summary proceedings, proceedings on the merits or on appeal
  • Drafting, assessing and negotiating contracts with creators and publishers, such as licensing agreements and deeds of transfer.
  • Advising on the protection and acquisition of intellectual property rights.


Related to Publishing