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Copyright & Regulation

John Phelan (ICMP): ‘Ensuring AI companies have clear respect for copyright and exclusive rights’

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John Phelan is Director General of the International Confederation of Music Publishers.(ICMP). In this opinion piece, he explains what the Brussels-based organisation representing the global music publishing community is expecting from the Belgian Presidency of the European Union.

ICMP’s John Phelan

“For the music industry, the headline is that the Belgian government’s Presidency of the EU will be tasked with corralling governments, coordinating texts, and chalking off the technical details of December’s political deal on the future EU AI Act. That will not be just semantics though, there’s substance to be secured there.

We want to ensure the Presidency ensures the EU AI laws are fit for purpose by ensuring AI companies have clear respect for copyright and exclusive rights, that our sector can access details on dataset and Large Language Model training, irrespective of where it was carried out and to ensure these companies have reporting and documentation retention requirements.  

It’s clear there is considerable pressure coming in from some heavyweight governments on the final scope and details of the AI Act. We will work with the Presidency and other decision makers to try and resist and efforts to dilute.   

Monitor how digital partners have engaged with the law

They also promise a ‘best practices’ exchange on the implementation of the EU Copyright Directive. That’s been a constant task for ICMP across the 27 Member States since its passing in 2019. Poland is the only country yet to complete, and with Donald Tusk the recently installed PM, that is a situation which will soon be rectified.

A lot of water has flowed under the bridge since Article 17 and the Directive passed, and we’ll be happy to supply our experience of how European governments and indeed digital partners have engaged with the laws. 

The push for a “a human-centered approach” the EU’s digital policy is something we welcome, particularly in the context of our ongoing support of the Human Artistry Campaign and AI. 

Focus on EU trade policy

The Presidency intends to “highlight the role of culture” and “also shed light on the working conditions of artists and creative professionals.”. The bottom line is that governments in Europe should be backing the basic mantra of our industry: that music and music makers need have their rights respected, their work valued and their sector sustainably supported. 

At ICMP we work heavily on EU trade policy, and so we have welcomed the Presidency’s recognition of its “vital role”. Why? Trade policy is ever increasingly important in setting business frameworks worldwide for copyright intensive industries such as the music industry. It’s the means by which the EU exports laws and standards. So, we will continue to work closely on those discussions with the Council and Commission.

By John Phelan, Director General, ICMP

Emmanuel is a Washington, DC-based freelance journalist, blogger and media consultant, specialising in the entertainment business and cultural trends. He was the US editor for British music industry trade publication Music Week. Previously, he was the editor of Impact, a magazine for the music publishing community (2007-2009), the global editor of US trade publication Billboard (2003-2006), and the editor in chief of Billboard’s sister publication Music & Media (1997-2003).

Copyright & Regulation

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Copyright & Regulation

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Copyright & Regulation

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