@PhilT included in the article @phb cited:
Fairfax and Google will also tackle product development, with digital subscriptions to be a major focus. “One way people are introduced to our mastheads and products is by Google search. Figuring out how we can work together to introduce people to our subscription products is really key,” he said.
One potential example could see Google promote articles higher up the search page if the user is a subscriber to that publication.
So by virtue of this advertising deal and associated product developments, Fairfax have ipso facto assented to Google using at least snippets of Fairfax’s news to lead viewers to their paywall. Hence the Fairfax masthead appearing on Google has been for at least 2.5yrs of financial benefit to Fairfax.
Other companies can refuse their articles being used. From part 2 of the ACCC report:
“If the owner of a website does not want a search engine to produce snippets, it can incorporate a piece of code onto the website to prevent a search engine from scraping content and producing snippets.”. Or they
This use of snippets is legal and legitimate according to part 2 of the ACCC inquiry report:
“Digital platforms reproducing a snippet of a copyright-protected news article does not infringe
copyright protections if the snippet does not reproduce a substantial part of the article”.
