NY State Senate Bill 2023-S7866

Senate Bill S7866

2023-2024 Legislative Session

Relates to journalism usage fees, notice to be given to a covered platform and the arbitration of disputes over such fees

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection

2023-S7866 (ACTIVE) - Details

See Assembly Version of this Bill:: A7811
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Ren Art 21-A to be Art 21-B, add Art 21-A §§338 - 338-b, Gen Bus L

2023-S7866 (ACTIVE) - Summary

Relates to journalism usage fees; requires notice to be given to a covered platform by an eligible digital journalism provider requiring covered platforms to pay journalism usage fees to eligible digital journalism providers; establishes arbitration requirements for disputes over such fees.

2023-S7866 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7866

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to journalism
usage fees

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to create a process where local news
publishers are compensated for their work used on social media plat-
forms.

 
SUMMARY OF PROVISIONS:

Section 1. Article 21-A of the General Business Law is renumbered Arti-
cle 21-B and a new Article 21-A is added establishing Journalism Usage
Fees in Section 338 which provides definitions, the notice, and arbi-
tration of such fees.

Section 2. Effective Date

 
JUSTIFICATION:

American journalism is in crisis. The number of working newspaper jour-
nalists has fallen by more than half since 2008. Newspaper revenue
dropped by more than 50 percent from 2002 to 2020, and today, 60 percent
of U.S. counties have no daily news coverage.

A key reason for these declines is the rise and consolidation of digital
ad markets. Historically, newspapers were funded through direct
relationships with both advertisers and readers. Now, however, news
"aggregators" such as Google and Facebook have severed those relation-
ships, leaving publishers largely dependent on two large tech firms to
stay viable. This is particularly true of smaller, local publications
that disproportionately depend on internet searches to reach readers.

Tech platforms not only benefit from the data they glean from news
consumers, which they don't share with publications, but they also sell
ads against news content, directly profiting from the work of journal-
ists. And their power prevents publishers from being able to bargain
with them on equal terms, forcing news organizations to accept unfair
and exploitative relationships, knowing there is no alternative.  This
bill creates a process requiring tech platforms to pay news publishers
adequate compensation for their use of work produced by journalists. It
would also require the proceeds of those negotiations to be reinvested
in newsrooms, ensuring that the funds go directly toward supporting more
working reporters.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Not known at this time.

 
EFFECTIVE DATE:
Effective immediately.

2023-S7866 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7866
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business  law,  in  relation  to  journalism
   usage fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 21-A of the  general  business  law  is  renumbered
 article 21-B and a new article 21-A is added to read as follows:
                               ARTICLE 21-A
                           JOURNALISM USAGE FEES
 SECTION 338. DEFINITIONS.
         338-A. JOURNALISM USAGE FEE PAYMENTS; NOTICE.
         338-B. JOURNALISM USAGE FEES; ARBITRATION.
   § 338. DEFINITIONS.  THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO
 IN THIS ARTICLE, SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ACCESS" MEANS TO ACQUIRE, CRAWL, OR INDEX CONTENT.
   2. "ADVERTISING REVENUE" MEANS REVENUE GENERATED THROUGH THE  SALE  OF
 DIGITAL  ADVERTISING IMPRESSIONS THAT ARE SERVED TO CUSTOMERS THROUGH AN
 ONLINE PLATFORM, REGARDLESS OF WHETHER SUCH IMPRESSIONS  ARE  SERVED  ON
 INTERNET WEBSITES OR ACCESSED THROUGH ONLINE OR MOBILE APPLICATIONS, AND
 CONTAIN  REFERENCES  TO CONTENT FROM ELIGIBLE DIGITAL JOURNALISM PROVID-
 ERS.
   3. A. "COVERED PLATFORM" MEANS AN ONLINE PLATFORM THAT  AT  ANY  POINT
 DURING A TWELVE-MONTH PERIOD MEETS EITHER OF THE FOLLOWING CRITERIA:
   (I) THE ONLINE PLATFORM HAS AT LEAST FIFTY MILLION UNITED STATES-BASED
 MONTHLY ACTIVE USERS OR SUBSCRIBERS ON THE ONLINE PLATFORM.
   (II)  THE  ONLINE  PLATFORM  IS  OWNED  OR CONTROLLED BY A PERSON WITH
 EITHER OF THE FOLLOWING:
   (1) UNITED STATES NET ANNUAL SALES OR A MARKET CAPITALIZATION  GREATER
 THAN FIVE HUNDRED FIFTY BILLION DOLLARS, ADJUSTED ANNUALLY FOR INFLATION
 ON  THE BASIS OF THE CONSUMER PRICE INDEX PUBLISHED BY THE UNITED STATES
 BUREAU OF LABOR STATISTICS.
   (2) AT LEAST FIFTY BILLION  WORLDWIDE  MONTHLY  ACTIVE  USERS  ON  THE
 ONLINE PLATFORM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11191-01-3
 S. 7866                             2
 
   B. "COVERED PLATFORM" DOES NOT MEAN AN ORGANIZATION EXEMPT FROM FEDER-
 AL INCOME TAXATION PURSUANT TO SECTION 501(C)(3) OF THE INTERNAL REVENUE
 CODE OF 1986.
   4.  "ELIGIBLE  BROADCASTER"  MEANS  AN  ENTITY  THAT  MEETS ALL OF THE
 FOLLOWING CRITERIA:
   A. THE ENTITY HOLDS OR OPERATES UNDER A LICENSE ISSUED BY THE  FEDERAL
 COMMUNICATIONS  COMMISSION UNDER SUBCHAPTER III (COMMENCING WITH SECTION
 301) OF CHAPTER 5 OF TITLE 47 OF THE UNITED STATES CODE.
   B. THE ENTITY ENGAGES PROFESSIONALS  TO  CREATE,  EDIT,  PRODUCE,  AND
 DISTRIBUTE  ORIGINAL  CONTENT  CONCERNING  LOCAL, REGIONAL, NATIONAL, OR
 INTERNATIONAL MATTERS OF PUBLIC INTEREST THROUGH  ACTIVITIES,  INCLUDING
 CONDUCTING INTERVIEWS, OBSERVING CURRENT EVENTS, ANALYZING DOCUMENTS AND
 OTHER  INFORMATION,  AND  FACT  CHECKING  THROUGH  MULTIPLE FIRSTHAND OR
 SECONDHAND NEWS SOURCES.
   C. THE ENTITY UPDATES ITS CONTENT ON AT LEAST A WEEKLY BASIS.
   D. THE ENTITY USES AN EDITORIAL PROCESS FOR ERROR CORRECTION AND CLAR-
 IFICATION, INCLUDING A  TRANSPARENT  PROCESS  FOR  REPORTING  ERRORS  OR
 COMPLAINTS TO THE STATION.
   5.  "ELIGIBLE DIGITAL JOURNALISM PROVIDER" MEANS AN ELIGIBLE PUBLISHER
 OR ELIGIBLE BROADCASTER THAT DISCLOSES ITS OWNERSHIP TO THE PUBLIC.
   6. "ELIGIBLE PUBLISHER" MEANS AN ENTITY THAT  PUBLISHES  A  QUALIFYING
 PUBLICATION.
   7.  "NOTIFYING  ELIGIBLE  DIGITAL JOURNALISM PROVIDER" MEANS AN ENTITY
 THAT HAS PROVIDED NOTICE TO A COVERED PLATFORM PURSUANT TO SECTION THREE
 HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE THAT THE ENTITY  IS  AN  ELIGIBLE
 DIGITAL JOURNALISM PROVIDER.
   8.  "ONLINE  PLATFORM"  MEANS  AN  INTERNET  WEBSITE, ONLINE OR MOBILE
 APPLICATION, DIGITAL ASSISTANT, OR ONLINE SERVICE THAT DOES BOTH OF  THE
 FOLLOWING:
   A.  SERVES  REFERENCES TO NEWS ARTICLES, WORKS OF JOURNALISM, OR OTHER
 CONTENT, OR PORTIONS THEREOF, GENERATED, CREATED, PRODUCED, OR OWNED  BY
 AN ELIGIBLE DIGITAL JOURNALISM PROVIDER.
   B.  AGGREGATES,  DISPLAYS,  PROVIDES, DISTRIBUTES, OR DIRECTS USERS TO
 CONTENT DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION.
   9. "QUALIFYING PUBLICATION"  MEANS  AN  INTERNET  WEBSITE,  ONLINE  OR
 MOBILE  APPLICATION,  OR  OTHER  DIGITAL  SERVICE  THAT MEETS ALL OF THE
 FOLLOWING CRITERIA:
   A. THE INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION,  OR  OTHER
 DIGITAL  SERVICE  DOES  NOT  PRIMARILY  DISPLAY, PROVIDE, DISTRIBUTE, OR
 OFFER CONTENT GENERATED, CREATED, PRODUCED,  OR  OWNED  BY  AN  ELIGIBLE
 BROADCASTER OR TELEVISION NETWORK.
   B.  THE  INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION, OR OTHER
 DIGITAL SERVICE PROVIDES INFORMATION TO AN AUDIENCE IN THE STATE.
   C. THE INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION,  OR  OTHER
 DIGITAL  SERVICE  PERFORMS  A  PUBLIC INFORMATION FUNCTION COMPARABLE TO
 THAT TRADITIONALLY SERVED BY NEWSPAPERS AND OTHER PERIODICAL NEWS PUBLI-
 CATIONS.
   D. THE INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION,  OR  OTHER
 DIGITAL  SERVICE  ENGAGES  PROFESSIONALS  TO  CREATE, EDIT, PRODUCE, AND
 DISTRIBUTE ORIGINAL CONTENT CONCERNING  LOCAL,  REGIONAL,  NATIONAL,  OR
 INTERNATIONAL  MATTERS  OF PUBLIC INTEREST THROUGH ACTIVITIES, INCLUDING
 CONDUCTING INTERVIEWS, OBSERVING CURRENT EVENTS, OR ANALYZING  DOCUMENTS
 AND  OTHER  INFORMATION, AND FACT CHECKING THROUGH MULTIPLE FIRSTHAND OR
 SECONDHAND NEWS SOURCES.
   E. THE INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION,  OR  OTHER
 DIGITAL SERVICE UPDATES ITS CONTENT ON AT LEAST A WEEKLY BASIS.
 S. 7866                             3
 
   F.  THE  INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION, OR OTHER
 DIGITAL SERVICE HAS AN EDITORIAL PROCESS FOR ERROR CORRECTION AND  CLAR-
 IFICATION,  INCLUDING  A  TRANSPARENT  PROCESS  FOR  REPORTING ERRORS OR
 COMPLAINTS TO THE PUBLICATION.
   G.  THE  INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION, OR OTHER
 DIGITAL SERVICE MEETS ANY OF THE FOLLOWING CRITERIA:
   (I) THE INTERNET WEBSITE,  ONLINE  OR  MOBILE  APPLICATION,  OR  OTHER
 DIGITAL SERVICE GENERATED AT LEAST ONE HUNDRED THOUSAND DOLLARS IN ANNU-
 AL REVENUE FROM ITS EDITORIAL CONTENT IN THE PREVIOUS CALENDAR YEAR.
   (II)  THE  INTERNET  WEBSITE,  ONLINE  OR MOBILE APPLICATION, OR OTHER
 DIGITAL SERVICE HAD AN INTERNATIONAL STANDARD SERIAL NUMBER ASSIGNED  TO
 AN AFFILIATED PERIODICAL BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
   (III)  THE  INTERNET  WEBSITE,  ONLINE OR MOBILE APPLICATION, OR OTHER
 DIGITAL SERVICE IS OWNED OR CONTROLLED BY AN  ORGANIZATION  EXEMPT  FROM
 FEDERAL  INCOME  TAXATION  PURSUANT TO SECTION 501(C)(3) OF THE INTERNAL
 REVENUE CODE OF 1986.
   H. THE INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION,  OR  OTHER
 DIGITAL  SERVICE  HAS  AT  LEAST  TWENTY-FIVE  PERCENT  OF ITS EDITORIAL
 CONTENT  CONSISTING  OF  INFORMATION  ABOUT  TOPICS  OF  CURRENT  LOCAL,
 NATIONAL, OR INTERNATIONAL PUBLIC INTEREST.
   I.  THE  INTERNET  WEBSITE,  ONLINE  OR  MOBILE  APPLICATION, OR OTHER
 DIGITAL SERVICE IS NOT CONTROLLED, OR WHOLLY OR PARTIALLY OWNED  BY,  AN
 ENTITY THAT MEETS ANY OF THE FOLLOWING CRITERIA:
   (I)  THE  ENTITY IS A FOREIGN POWER OR AN AGENT OF A FOREIGN POWER, AS
 THOSE TERMS ARE DEFINED IN SECTION 1801 OF TITLE 50 OF THE UNITED STATES
 CODE.
   (II) THE ENTITY IS DESIGNATED  AS  A  FOREIGN  TERRORIST  ORGANIZATION
 PURSUANT TO SECTION 1189 OF TITLE 8 OF THE UNITED STATES CODE.
   (III)  THE  ENTITY  IS A TERRORIST ORGANIZATION, AS DEFINED IN SECTION
 1182 OF TITLE 8 OF THE UNITED STATES CODE.
   (IV) THE ENTITY IS DESIGNATED AS A SPECIALLY DESIGNATED GLOBAL TERROR-
 IST ORGANIZATION UNDER FEDERAL EXECUTIVE ORDER 13224.
   (V) THE ENTITY IS AN AFFILIATE OF AN ENTITY DESCRIBED IN  SUBPARAGRAPH
 (I), (II), (III) OR (IV) OF THIS PARAGRAPH.
   (VI)  THE  ENTITY  HAS  BEEN  CONVICTED OF VIOLATING, OR ATTEMPTING TO
 VIOLATE, SECTION 2331, 2332B, OR 2339A OF TITLE 18 OF THE UNITED  STATES
 CODE.
   § 338-A. JOURNALISM USAGE FEE PAYMENTS; NOTICE. 1. AN ELIGIBLE DIGITAL
 JOURNALISM PROVIDER THAT SUBMITS A NOTICE TO A COVERED PLATFORM PURSUANT
 TO  SUBDIVISION  TWO  OF THIS SECTION SHALL RECEIVE JOURNALISM USAGE FEE
 PAYMENTS FROM SUCH COVERED PLATFORM PURSUANT TO  SECTION  THREE  HUNDRED
 THIRTY-EIGHT-B  OF  THIS  ARTICLE  BEGINNING  NOT  MORE THAN THIRTY DAYS
 FOLLOWING THE SUBMISSION OF SUCH NOTICE.
   2. THE NOTICE DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL  MEET
 ALL OF THE FOLLOWING CRITERIA:
   A. THE NOTICE IDENTIFIES THE ELIGIBLE DIGITAL JOURNALISM PROVIDER.
   B. THE NOTICE CERTIFIES, NOT UNDER PENALTY OF PERJURY, THAT THE ELIGI-
 BLE DIGITAL JOURNALISM PROVIDER REASONABLY BELIEVES THAT IT IS EITHER AN
 ELIGIBLE BROADCASTER OR AN ELIGIBLE PUBLISHER.
   C.  THE  NOTICE  IDENTIFIES THE ROOT UNIFORM RESOURCE LOCATORS FOR THE
 INTERNET  WEBSITES  ASSOCIATED  WITH  THE  ELIGIBLE  DIGITAL  JOURNALISM
 PROVIDER'S DIGITAL CONTENT.
   §  338-B.  JOURNALISM  USAGE FEES; ARBITRATION. 1. THE PERCENTAGE OF A
 COVERED PLATFORM'S ADVERTISING REVENUE REMITTED  TO  NOTIFYING  ELIGIBLE
 DIGITAL  JOURNALISM  PROVIDERS  SHALL  BE  DETERMINED  PURSUANT  TO THIS
 SECTION.
 S. 7866                             4
 
   2. ELIGIBLE DIGITAL JOURNALISM PROVIDERS  MAY  INITIATE,  PURSUANT  TO
 RULE  R-4  OF  THE  AMERICAN  ARBITRATION ASSOCIATION'S COMMERCIAL ARBI-
 TRATION RULES  AND  MEDIATION  PROCEDURES,  A  FINAL  OFFER  ARBITRATION
 AGAINST  A  COVERED  PLATFORM  FOR AN ARBITRATION PANEL TO DETERMINE THE
 PERCENTAGE OF THE COVERED PLATFORM'S ADVERTISING REVENUE REMITTED TO THE
 NOTIFYING ELIGIBLE DIGITAL JOURNALISM PROVIDER.
   3. THE ARBITRATION PROCEDURE AUTHORIZED BY THIS SECTION SHALL COMMENCE
 TEN  DAYS  AFTER  THE  RECEIPT  OF  THE NOTICE REQUIRED BY SECTION THREE
 HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE.
   4. THE ARBITRATION PROCEDURE  AUTHORIZED  BY  THIS  SECTION  SHALL  BE
 DECIDED  BY  A PANEL OF THREE ARBITRATORS UNDER THE AMERICAN ARBITRATION
 ASSOCIATION'S COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES  AND
 THE  AMERICAN  ARBITRATION  ASSOCIATION-INTERNATIONAL CENTRE FOR DISPUTE
 RESOLUTION FINAL OFFER ARBITRATION SUPPLEMENTARY  RULES  EXCEPT  TO  THE
 EXTENT THEY CONFLICT WITH THIS SECTION.
   5.  THE  COST  OF  ADMINISTERING THE ARBITRATION PROCEEDING, INCLUDING
 ARBITRATOR COMPENSATION, EXPENSES, AND  ADMINISTRATIVE  FEES,  SHALL  BE
 SHARED  EQUALLY  BETWEEN  THE  COVERED PLATFORM AND THE ELIGIBLE DIGITAL
 JOURNALISM PROVIDER.
   6. THE ARBITRATORS SHALL BE APPOINTED IN ACCORDANCE WITH THE  AMERICAN
 ARBITRATION  ASSOCIATION'S  COMMERCIAL  ARBITRATION  RULES AND MEDIATION
 PROCEDURES.
   7. DURING A FINAL OFFER ARBITRATION PROCEEDING UNDER THIS SECTION  ALL
 OF THE FOLLOWING SHALL APPLY:
   A.  (I) ELIGIBLE DIGITAL JOURNALISM PROVIDERS AND COVERED PLATFORM MAY
 DEMAND THE PRODUCTION OF DOCUMENTS AND INFORMATION  THAT  ARE  NONPRIVI-
 LEGED,  REASONABLY  NECESSARY,  AND  REASONABLY ACCESSIBLE WITHOUT UNDUE
 EXPENSE.
   (II) DOCUMENTS AND INFORMATION DESCRIBED IN SUBPARAGRAPH (I)  OF  THIS
 PARAGRAPH  SHALL  BE EXCHANGED NOT LATER THAN THIRTY DAYS AFTER THE DATE
 THE DEMAND IS FILED.
   B. RULES REGARDING THE ADMISSIBILITY OF EVIDENCE APPLICABLE IN FEDERAL
 COURT SHALL APPLY.
   C. ELIGIBLE DIGITAL JOURNALISM PROVIDERS AND A COVERED PLATFORM  SHALL
 EACH  SUBMIT A FINAL OFFER PROPOSAL FOR THE REMUNERATION THAT THE ELIGI-
 BLE DIGITAL JOURNALISM PROVIDER SHOULD RECEIVE FROM THE COVERED PLATFORM
 FOR ACCESS TO THE CONTENT OF THE ELIGIBLE  DIGITAL  JOURNALISM  PROVIDER
 DURING  THE  PERIOD  UNDER  ARBITRATION  BASED  ON THE VALUE SUCH ACCESS
 PROVIDES TO THE PLATFORM, WHICH SHALL INCLUDE  BACKUP  MATERIALS  SUFFI-
 CIENT TO PERMIT THE OTHER PARTY TO REPLICATE THE PROFFERED VALUATION.
   D.  A  DISCUSSION  OR FINAL OFFER UNDER THIS SECTION SHALL NOT ADDRESS
 WHETHER OR HOW THE COVERED PLATFORM OR ANY ELIGIBLE  DIGITAL  JOURNALISM
 PROVIDER  DISPLAYS, RANKS, DISTRIBUTES, SUPPRESSES, PROMOTES, THROTTLES,
 LABELS, FILTERS, OR CURATES THE CONTENT OF THE ELIGIBLE DIGITAL JOURNAL-
 ISM PROVIDER OR ANY OTHER PERSON.
   E. (I) NOT LATER THAN SIXTY DAYS AFTER THE DATE  PROCEEDINGS  COMMENCE
 PURSUANT  TO  SUBDIVISION  THREE  OF THIS SECTION, THE ARBITRATION PANEL
 SHALL DETERMINE THE PERCENTAGE OF  THE  COVERED  PLATFORM'S  ADVERTISING
 REVENUE REMITTED TO NOTIFYING ELIGIBLE JOURNALISM PROVIDERS FROM A FINAL
 OFFER FROM ONE OF THE PARTIES WITHOUT MODIFICATION.
   (II)  IN  MAKING  A DETERMINATION UNDER SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, THE ARBITRATION PANEL SHALL DO ALL OF THE FOLLOWING:
   (1) REFRAIN FROM CONSIDERING ANY VALUE  CONFERRED  UPON  ANY  ELIGIBLE
 DIGITAL  JOURNALISM PROVIDER BY THE COVERED PLATFORM FOR DISTRIBUTING OR
 AGGREGATING ITS CONTENT AS AN OFFSET TO THE VALUE CREATED BY THAT ELIGI-
 BLE DIGITAL JOURNALISM PROVIDER.
 S. 7866                             5
 
   (2) CONSIDER PAST INCREMENTAL REVENUE CONTRIBUTIONS AS A GUIDE TO  THE
 FUTURE INCREMENTAL REVENUE CONTRIBUTION BY ANY ELIGIBLE DIGITAL JOURNAL-
 ISM PROVIDER.
   (3)  CONSIDER  THE  PRICING,  TERMS,  AND CONDITIONS OF ANY AVAILABLE,
 COMPARABLE COMMERCIAL AGREEMENTS  BETWEEN  PARTIES  GRANTING  ACCESS  TO
 DIGITAL  CONTENT,  INCLUDING  PRICING, TERMS, AND CONDITIONS RELATING TO
 PRICE, DURATION, TERRITORY, AND THE VALUE OF DATA GENERATED DIRECTLY  OR
 INDIRECTLY  BY  THE  CONTENT  ACCOUNTING FOR ANY MATERIAL DISPARITIES IN
 NEGOTIATING POWER BETWEEN THE PARTIES TO THOSE COMMERCIAL AGREEMENTS.
   (4) ISSUE A BINDING, REASONED DETERMINATION OF THE PERCENTAGE  OF  THE
 COVERED  PLATFORM'S  ADVERTISING  REVENUE REMITTED TO NOTIFYING ELIGIBLE
 DIGITAL JOURNALISM PROVIDERS.
   § 2. This act shall take effect immediately.

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