Niamh Smyth: Protecting Irish Artists in the Age of AI

Thank you very much Cathaoirleach. If I could begin by thanking Deputy Oisnáidh for bringing forward this PMB tonight, to thank the artists and the delegation whom I had the privilege of meeting earlier on today, and also if I could be indulgent to give a mention to Senator Francis Black who has, since my time coming into this role, been very articulate and mobilised on this issue, so go raibh míle maith agathaine. I welcome the opportunity to discuss this topic, this very important topic, following the table of the private member's motion by Sinn Féin on protecting copyright of Irish artists in an era of artificial intelligence. As this House is aware, Ireland is committed to ensuring that AI technologies are developed and used in a manner that is ethical, transparent and aligned with national, EU and international law. Intellectual property is recognised as a fundamental right under the Charter of Fundamental Rights of the EU. I was pleased to meet with representatives, as I said, from the creative sector earlier today and to engage in a constructive discussion on the implications of AI for creators and the rights holders. The concerns being raised by artists, musicians, writers and other creators are legitimate and it was really interesting to hear the debate on More Than Ireland given by some of the artists here tonight from that perspective. AI offers many opportunities but creators must have confidence that their rights are respected, that their works are not used without appropriate safeguards and that the innovation does not come at the expense of creativity. At present, the European Commission is reviewing the 2019 copyright in the Digital Single Market Directive, including the text and data mining exception. A stakeholder consultation on behalf of the European Commission has been shared with relevant stakeholders by my officials in the Department and a national submission has been made to the Commission. A final report is due to be published in the European Commission early in 2027. In parallel, the European Commission has launched a call for evidence on possible new measures to strengthen the position of creators and creative industries in the online and AI environment. The aim is to ensure that creators can better control the use of their works and enforce their rights while supporting innovation and development of AI technologies. The European Commission is developing an AI strategy for the cultural and creative sector as part of the broader Apply AI strategy, also due to be unveiled in early 2027. I'd like to thank all stakeholders who've engaged with the review process to date. We also encourage interested organisations and individuals to continue contributing their views and their evidence to help inform future findings and recommendations. The AI Act establishes a harmonised regulatory framework for AI systems developed or deployed in the EU. The Act entered into force in August 2024, with its provisions applying to a phased manner until August 2028. The AI Act complements existing regulatory protections and is without prejudice applicable to the union and national copyright law. Creators are entitled to expect their rights will continue to be protected as AI technologies evolve. The AI Act is an important part of that response. It requires providers of general purpose AI models to comply with EU copyright law and introduces greater transparency regarding the content used to train AI models. Through the transparency template and related obligations, rights holders are better placed to understand how AI systems are developed and to exercise their rights where appropriate. Effective implementation of these measures will be essential in maintaining trust and ensuring that innovation proceeds in a manner that respects creativity and copyright. The AI Act introduces transparency requirements requiring providers of generative AI systems to ensure that AI-generated content can be identified as such, including through machine-readable marking and related technical measures. I know we spoke about that earlier on today. This obligation will come into effect from August and from December for certain models. From August 2026, the European Commission's AI office will clearly enforce, directly enforce provisions of the GPAI systems and models and where appropriate encourage and facilitate the review and adaptation of codes of practice in light of emerging standards. The European Commission is also pursuing initiatives to improve the practical operation of the opt-out from the TDM exception. Domestically, we are progressing legislation on the establishment of the AI office here in Ireland, which will act as the national coordinator and enabling body for Ireland's implementation and enforcement of the EU AI Act. The office will comprise, through its board and staff, a range of expertise that is necessary for the performance of its functions, with a role in promoting innovation and enhancing public awareness in relation to rights and obligations under the AI Act. Just to respond to some of the conversation today, I'm consciously and acutely aware of the importance of having the creative industries represented there. These functions align with wider government initiatives addressing societal and economic impacts of AI, including impacts on work and employment. More broadly, the National Digital and AI Strategy specifically recognises the need to support and engage with workers during this period of significant transition, including supporting workers through upskilling, reskilling and lifelong learning initiatives, establishing the National Skills Observatory and the Observatory for Business AI Readiness to inform labour market policy, and obviously ongoing stakeholder engagement, such as with the creative industries, to support a fair and inclusive transition. The government remains committed to ensuring that these opportunities presented by AI are realised while supporting workers in the creative industries and business in adapting the technology to change. As Ireland holds the Presidency of the Council of the European Union, during our term we will progress discussions on some of the important matters raised. I want to point out three in particular. Firstly, my department will facilitate discussions on the Council Working Party on the copyright issues as they arise in the review of the copyright of the DSM Directive and matters identified in the European Commission's Call for Evidence. Secondly, Dublin will co-ordinate the EU's position on the World Intellectual Property Organisation Standing Committee on Copyright and Related Rights, meeting in November, in which AI and copyright will be an informal agenda item. And finally, the Presidency Associated Conference on Copyright and Human Creativity in AI Era, organised by rights holders' organisations and endorsed by my department, will be held in Dublin on 14 October, and I look forward to attending that myself. Ultimately, we want Ireland to be a leader in the development and deployment of trustworthy AI while ensuring that the creators are respected, copyright is protected and innovation continues to thrive. I look forward to a constructive discussion on these matters and working with deputies across the House to identify practical ways forward that support these shared objectives. Go raibh maith agat.