The press publishers’ right is a new right from June 2021 and there is no criminal case law in Denmark. Therefore, DPCMO has filed a supplemental report with new information and legal arguments.
Content creators experience that there is no well-functioning and fair marketplace for copyright in Europe. Despite the DSM directive content creators are still facing problems as several global tech companies do not comply with the European copyright legislation.
Apple’s latest move underlines the imbalance between Apple and content creators. On June 11 Apple announced “a new way for web publishers to have greater control over how their website content is used to train Apple’s foundation models powering generative Al features across Apple products”. Now Apple dictates how local content creators must handle their own intellectual property. Content creators bear the burden and the risk. And if we do not protect our content as ordered by Apple, they will take our content for free. With this business model, it is hard to see how the European creative ecosystem can flourish and innovate.
Karen Rønde, CEO DPCMO said: “Apple’s actions violate the DSM directive and the EU Charter, which should protect intellectual property. But Apple does not care. Apple is on the throne as the world’s most valuable publicly traded company with a market capitalisation of $3285 billion. Apple’s latest ad, Crush!, illustrates Apple’s attitude towards creators. Copyright law doesn’t seem to work against Apple, maybe criminal law has more impact.”