Dáil Éireann Debate, Tuesday - 28 July 2026
961. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment the measures being taken to protect the copyright, intellectual property rights and economic livelihoods of Irish artists in the context of generative artificial intelligence, particularly following the progression of the Regulation of Artificial Intelligence Bill 2026; and if he will make a statement on the matter. [54967/26]
View answerIreland’s legislative approach to copyright, AI and digital regulation, is closely aligned with developments at the European Union level. To this end, my Department is actively engaging in discussions at EU level in these areas, and in particular at present as Ireland has assumed the Presidency of the Council of the EU.
The AI Act requires providers of generative AI services available in the EU put in a place a policy to demonstrate compliance with EU copyright law, specifically Article 4(3) of the Copyright in the DSM Directive (the Text and Data Mining (TDM) exception) and providers are required to complete a ‘Transparency Template’ providing a high-level overview of data used to train models. The general-purpose AI (GPAI) Code of Practice developed under the AI Act?helps industry comply with the legal obligations on copyright. The AI Act will also require generative AI systems to digitally watermark AI-generated content to ensure that it is clearly identifiable as such, and this obligation will take effect from 2 August, and from 2 December for certain models. A Code of Practice has also been developed to support compliance with this requirement. The European Commission’s AI Office will directly enforce the provisions of the AI Act relating to general-purpose AI, starting from 2 August.
The European Commission is also engaged in a number of initiatives to try to improve practical operation of the opt-out from the TDM exception. At present, the European Commission is reviewing the 2019 Copyright in the DSM Directive, including the TDM exception under Article 4. A consultation was held with the relevant stakeholders which was circulated by DETE to stakeholders in Ireland, and a national submission has been made by DETE. A final report will be published by the European Commission early in 2027. In parallel, the European Commission has issued a call for evidence on possible future measures to strengthen the position of creators and creative industries in the online and AI environment and to provide them with better means to control the use of their works, enforce their rights and protect and recoup their investments, while enabling generative AI providers to benefit from high quality copyright protected content for the development of AI models
and the deployment of innovative services. A public consultation will open shortly, and new measures are expected to be proposed early in 2027. During Ireland’s Presidency, my Department will facilitate discussions in the Council Working Party on Copyright on issues as they arise in the review of the Copyright in the DSM Directive, and matters identified in the European Commission’s call for evidence.
The Regulation of Artificial Intelligence Bill 2026, once enacted, will give effect to EU AI Act in Ireland. This will establish the National AI Office of Ireland. This will act as a central coordinating and enabling body, helping to ensure consistency in implementation, supervision and enforcement, facilitating access to expertise, and supporting engagement between regulators and stakeholders.
My Department remains committed to ensuring that AI technologies are developed and used in a manner that is ethical, transparent, and aligned with both national, EU and international law.
