Commercial is really well defined: it's something you attempt to make money from. Google News is commercial.
> Why is a title not a preview? I know you will quote the law with the "substantial" part, but until it is not defined 100% (e.g. by courts), everybody linking and quoting is at legal risk.
Berne Convention was introduced in 1886. We've had 130 years of interpreting copyright law to find the limits of fair use.
But, since you're interested in legal risk, the law attempts to clear up one area around orphaned works.
> This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out
-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.
I think it's a bad law, and I've already contacted my MEP to talk about it, but I think people really need to read and understand a law before campaigning about it.
When people talk about "link tax" their MEP will think "this law does no such thing, this person doesn't understand what they're talking about, I can ignore them".
It's a very harmful bit of campaigning to promote the myth of a link tax.