IRMA Publishes Recommendations for the Irish Presidency of the EU Council

Ireland’s unique role

In Ireland, culture and creativity are hardwired into our DNA. Ireland is known for its musicians, composers, filmmakers and writers. This rich heritage has been protected and nurtured by progressive laws which emanated from the EU, alongside strong legal enforcement. At the same time, Ireland is known for its forward-looking approach regarding technological innovation and openness towards creating conditions for technological growth. This allows Ireland to play a unique role in being a true advocate for an internal market where innovation and respect for the protection of intellectual property rights thrive together.

Music and culture provide the basis for vibrant societies, and for a healthy and fair economy. Our proposal sets out the key areas where the Irish Presidency of the Council of the EU can promote and protect creative works and copyright in an age of rapidly evolving technologies. Our submission recognises the challenges and opportunities that exist, and we are determined to be constructive partners during the coming Presidency.

Competitiveness and copyright policy

The Irish Presidency will commence around the time that the Commission’s evaluation process of Directive 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive) is due to end. The DSM Review is a mandatory assessment including areas of copyright, the Digital Services Act and the Digital Markets Act.

The Presidency should facilitate an in-depth exchange of views among Member States in the Council, based on economic data and stakeholder consultations. Provide opportunities for policymakers and stakeholders to express their positions on how to protect copyright in dedicated fora, such as Presidency conferences.

Artificial intelligence

On AI and copyright, the Irish Presidency should continue to request that the European Commission, in particular its AI Board and the AI Office, provides regular feedback on the application of the AI implementation package, namely the GPAI Code of Practice and Transparency Template.

Allow Member States to follow the process closely and ensure that the intention of the co-legislators is fully met when it comes to provisions on transparency and copyright compliance.

Telecommunications and the Digital Omnibus Package

Ireland should use its unique position as both a cultural and technological powerhouse to facilitate the simplification of EU digital rules while resisting the pressure to modify the core provisions on the AI Act and other core EU acts, such as GDPR.

The EU’s institutions should focus on the meaningful application of existing rules rather than pushing for new legislation prematurely. The Irish Presidency takes up the reins at a crucial time to ensure a positive outcome.

Practical actions for a positive impact

• Fully implement existing EU legislation in the areas of Artificial Intelligence, copyright and Intellectual Property enforcement.
• Lead in evidence-based policy making, with thorough economic data & full consultation with all relevant stakeholders.
• Foster an environment of legal certainty that encourages investment in both the creative and tech sectors.
• Embrace tools to combat infringements of intellectual property rights and streaming fraud.
• Maintain a human-centred focus for discussions on culture and technology.

Conclusions

The EU stands out as a place where innovation exists alongside high regulatory standards, expansive rights and the protection of the cultural and creative sectors. The Irish Presidency can draw on this legacy and demonstrate the EU’s track record of improving citizens’ quality of life. This goes far beyond economic advancement to include the protection of democracy and civil rights, and the advancement of the cultural realm.

This is something that needs to be protected, and it falls to all institutions to ensure the EU stands out as a safe haven for sensible regulation that protects citizens’ rights, whether through the Democracy Shield or the protection of cultural output from piracy and unfair use.

We have seen how deepfake videos have been used to undermine democratic participation and trust in media. This is a challenge already faced by artists and rightsholders, as underregulated technological developments threaten to undermine their copyrighted creative works. The threats to cultural output are a harbinger for political risk across our institutions.

We hope that Ireland’s EU Presidency provides an opportunity to demonstrate the value of music and wider cultural exchange.