Dáil Éireann Debate, Tuesday - 23 June 2026
279. Deputy Robert O'Donoghue asked the Minister for Enterprise, Tourism and Employment the engagement his Department has had at European Union level regarding copyright protections for creators whose works may be used to train artificial intelligence systems; and if he will make a statement on the matter. [47768/26]
Amharc ar fhreagraIreland’s legislative approach to copyright, AI and digital regulation, is closely aligned with developments at European Union level. To this end, my Department is actively engaging in discussions in these areas, in particular at present, as Ireland will shortly assume the Presidency of the Council of the EU.
The AI Act requires providers of generative AI services available in the EU 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). The general-purpose AI (GPAI) Code of Practice developed under the AI Act?helps industry comply with the legal obligations on copyright and providers are required to complete a ‘Transparency Template’ providing a high-level overview of data used to train models. The AI Act will require generative AI systems to digitally watermark AI-generated content to ensure that it is clearly identifiable as such. This obligation will take effect from August, and from December for certain models. The European Commission’s AI Office will directly enforce these provisions of the AI Act, starting from August 2026. 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. A Presidency Conference on Copyright and AI will be hosted by rightholder organisations in association with DETE on 14 October in Dublin.
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.
