DPCMO against LinkedIn

The DSM Directive has just celebrated its 6th birthday. The national transposition will soon be 4 years old. Today, I will be handling DPCMO's substantive case against LinkedIn in the Copyright Licence Tribunal in the Ministry of Culture. In November 2024, DPCMO succeeded in having the Tribunal hear the case against LinkedIn.

Now we will deal with the substantive issues: what kind of service is LinkedIn; what obligations does LinkedIn have to share data and to pay press publishers for the use of press publications, can the remuneration be revenue-based, and is LinkedIn/Microsoft training its AI-models on all LinkedIn content, including press publishers shared by its users.

The Tribunal is chaired by a supreme court judge and co-chaired by two very experienced IPR-lawyers. The Ministry for Culture is secretariat, so we are in good expert hands – no matter what happens.

The objective of the regulation more than six years ago was to achieve a well-functioning and fair marketplace for copyright. We are not there – yet.

Major imbalances persist. To truly achieve a fair and functioning marketplace, we must revisit the regulation’s core principles and adapt them to today’s realities. Greater transparency and balanced enforcement mechanisms are essential steps. Only with collaboration among all stakeholders can we bridge the gap between the regulation’s original promise and the current reality.