CJEU clarifies the scope of Article 15 of the DSM Directive and validates national rules on compensation to publishers
Articles9 June 2026
Main issues of the CJEU ruling which strengthens the position of the author in music publishing contracts, consolidating the centrality of accountability, control of exploitation and the reinforced regime of protection against repeated breaches by the publisher.
The judgment of the Court of Justice of the European Union (Grand Chamber) of 12 May 2026 (Case C 797/23, Meta Platforms Ireland Ltd v. AGCOM) interprets Article 15 of Directive (EU) 2019/790 in relation to national compensation schemes in favour of press publishers for the online use of their content.
Key points:
- Exclusive right and compensation: the CJEU confirms that publishers hold exclusive rights of reproduction and making available that require prior authorisation, allowing compensation schemes as long as they are configured as consideration for such authorisation and do not empty the content of the right.
- Link to actual use: no obligation to pay can be imposed if there is no use or intention to use the content.
- Obligations on platforms: duties such as negotiating, providing information and not limiting visibility during negotiation are compatible in order to ensure an effective balance between the parties.
- Administrative intervention: independent authorities are allowed to set criteria, resolve disagreements, supervise and sanction.
- Proportionality and fundamental rights: the system is compatible with the freedom to conduct a business if the measures are proportionate and respect the balance with intellectual property and the general interest.
Consequently, the CJEU endorses models that combine compensation, platform obligations and administrative intervention, provided that exclusive rights and the principle of proportionality are respected.
Article written by the TMT area of ECIJA Madrid.
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