Despite repeated invitations to engage in dialogue, OpenAI has declined to enter into meaningful negotiations. As a result, DPCMO referred the matter to the Danish Minister for Culture, who in February 2025 appointed a mediator to facilitate discussions, in accordance with the requirements of the Danish Copyright Act. OpenAI refused to participate, leaving the mediator with no choice but to step down.
In September 2025, the Minister for Culture publicly expressed regret that the mediation effort had failed: “For me, dialogue is an essential part of our democracy, and it is well known that my position is that companies operating in Denmark should follow Danish rules.” As a result of the failed mediation attempt, court proceedings have become inevitable.
The present case rests on the facts that OpenAI has trained its models on works from Danish press publications at least until the summer of 2024; that DPCMO’s members were not afforded the opportunity to refuse such use through opt out until at least the summer of 2023; and that the text and data mining exception introduced in Article 4 of the DSM Directive was only implemented into Danish law in the summer of 2023. The case centres on OpenAI’s utilisation of content from Danish press publications for the development and provision of its artificial intelligence services, most notably ChatGPT. This involves both the reproduction of works—which occurs when OpenAI collects and uses data to train its large language models (LLMs)—and the subsequent reproduction and making available of content from Danish press publications through outputs generated by ChatGPT.
This case is about more than a single dispute. It concerns the fundamental conditions under which artificial intelligence and independent journalism will coexist. OpenAI’s stated mission is to ensure that AI benefits all of humanity and makes the future better than the past. Achieving that vision requires respect for the legal and democratic frameworks that underpin open societies while protecting innovation from free-riding and promoting an ecosystem-wide approach to growth and responsibility in alignment with the public interest.
Independent journalism plays a vital role in helping people understand the world and one another, make informed decisions, and hold those in power to account. Artificial intelligence must evolve in a way that protects freedom of expression and information, and our fundamental democratic values. A fair and level playing field is essential. When dominant actors operate without respecting established rules, markets are distorted, innovation is constrained, and consumer choice is reduced. This case is also about strengthens EU competitiveness and strategic autonomy. Investment and innovation in the EU require that all players comply with the rules.
DPCMO is represented in the lawsuit by DPCMO’s director, lawyer, Karen Rønde – who has represented DPCMO in the continued endeavour to engage OpenAI in negotiations and mediation – together with lawyer and partner Martin Dahl Pedersen of Kromann Reumert law firm. For enquiries, please contact Martin Dahl Pedersen, email: mdp@kromannreumert.com.
About DPCMO
About DPCMO
Founded in 2021, DPCMO is a collective rights management organisation representing Danish media companies and their press publishers neighbouring rights, text and data mining and AI rights. DPCMO represents 99% of the Danish news industry; a diverse circle of members; state-owned public service media, local, regional and national newspapers, magazines, special media, and digital media outlets. Its mission is to uphold democracy and social cohesion by ensuring the existence of a free, independent, and diverse Danish media landscape. DPCMO has a close cooperation with the journalists and authors.