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As digital technologies continue to transform the publishing industry, the debate on copyright in online use is intensifying at an unprecedented pace. In particular, the integration of artificial intelligence (“AI”)-driven systems into content creation and dissemination processes is reshaping the balance between publishers and digital platforms. Against this backdrop, it is clear that the regulatory framework established under the 2019 European Union (EU) Directive on Copyright in the Digital Single Market (“Directive”), have entered a new phase shaped by AI.
As discussed in our previous publications1 on the subject, the Directive sets out provisions regarding content creators’ rights to license the online use of their works, as well as their entitlement to fair remuneration.
AI and the Evolution of Revenue Sharing: The French Example
One of the most notable recent developments is that some major news publishers in France have begun allocating a portion of the revenues generated from AI licensing agreements directly to journalists.2 In this context, in accordance with the agreements between publishers and journalists’ unions, it is reported that approximately 25% of the revenues derived from content licensed to AI companies are redistributed to journalists.
This development signals a shift beyond the related rights traditionally granted to publishers, marking a new phase in which content creators assert direct economic claims. Hence, the fact that the journalistic content prepared by a journalist is processed by AI systems and incorporated into user-facing responses has brought about an important debate on whether the journalist should also be entitled to compensation for such use. Developments in France strongly suggest an emerging consensus in favor of such entitlement.
AI Powered Search Results and Loss of Traffic
On the other hand, it is evident that AI systems have a direct impact, not only on content usage but also on the traffic dynamics of news website. In particular, the AI-powered (“AI Overviews”) feature offered by Google enables users to obtain information directly from the search results page without the need to visit source websites.
This situation is leading to a dramatic decline in referral traffic to news websites. Indeed, analyses reveal that the proportion of news-related searches that conclude without any clicks on websites has increased substantially. According to SimilarWeb data, the proportion of web searches related to news that are concluded without a click on a news website rose to 69% in May 2025, compared to 56% in the same period of the previous year. This erosion of traffic directly undermines advertising revenues and poses a serious threat to the financial sustainability of news organizations.
Obligation of Payment by Platforms: Strengthening the Australian Model
In this era of AI, debates regarding the use of media content are not confined to Europe; they are driving the development of new regulatory models on a global scale. In this scope, significant reforms are proposed with an aim to strengthen Australia’s existing “News Media Bargaining Code”. 3
According to a consultation paper published by the Australian Treasury, it was identified that the current system contains certain weaknesses that allow platforms to circumvent their obligations. Accordingly, the newly proposed “News Bargaining Incentive” model aims to effectively compel major digital platforms to compensate publishers for the use of news content.
With this proposed new model, it is aimed at preventing platforms from avoiding their obligations by opting out of using news content. As a consequence, platforms will either enter into licensing agreements with news publishers or be subject to a direct financial levy. This approach notably demonstrates that the regulation’s objective is not merely to address content usage but also to take into account the platforms’ broader economic impact on the news ecosystem. Indeed, the proposed system aims to prevent platforms from evading payment obligations by removing news content altogether.
The Situation in Türkiye
Although no specific legislation regarding the rights of publishers in the digital environment has yet come into force in Türkiye, the Draft Law on Digital Copyright (“Draft”), which aims to enhance the protection of copyrights in digital environments, was submitted to the Turkish Grand National Assembly on 11 December 2025 and is currently under review by the relevant committee. This Draft has also been the subject of one of our recent publications, in which its principal provisions are examined in detail.
In conclusion; taking into consideration all such developments, it is evident that the debate regarding publishers’ online usage rights has entered a new phase. Whilst the initial phase centered on the requirement for platforms to pay publishers, the scope of this debate has now broadened; a strong trend has emerged suggesting that the economic value generated by the use of content through AI systems should be shared not only with publishers but also directly with content creators.
However, the fact that AI-powered systems are increasingly delivering content directly to users while simultaneously reducing traffic to original sources is fundamentally disrupting traditional business models. This situation highlights the need for new regulatory approaches at the intersection of copyright law, competition law and media policy.
In the coming period, it is expected that legislative reforms, both within the EU and in other countries, will establish a more inclusive framework that safeguards the rights of not only of publishers but also journalists. The protection of freedom of the press and media pluralism in the age of AI will, however, depend directly on the effectiveness of these regulations.
Footnotes
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