DPCMO has been pursuing this matter before the Danish Copyright Licence Tribunal for years. In a recent and unexpected turn, the Board issued a non-binding decision stating that there is uncertainty regarding the correct implementation of Article 17 of the Digital Single Market (DSM) Directive in Denmark.
LinkedIn has attempted to frame this issue as a private, domestic disagreement between itself and DPCMO. However, this strategy is unravelling. The matter has now escalated to become a political issue both in Denmark and at the EU level. The Danish Minister of Culture has responded decisively to the decision, clearly stating that press publishers must not be treated less favourably than other rights holders under Article 17. The Minister has pledged to push for this principle to be upheld during the evaluation of the DSM Directive, including will also address the issue during the Danish EU Presidency. And the Minister stresses that the decision does not say LinkedIn is not free from liability.
In light of the current momentum — politically and legally — DPCMO will initiate litigation against LinkedIn. We now have a strong foundation for legal action, bolstered by both a political track at the EU level and emerging legal arguments concerning the interpretation and enforcement of Article 17.
While LinkedIn may seek to delay or deflect, the trajectory is clear: the rights of press publishers must be enforced, and fair compensation secured. With coordinated legal and political pressure, we are confident that success is within reach — if not immediately, then in due course.