The European association of independent music companies calls on European Commission to speed up its work to ensure European performers and labels do not lose revenues to countries who do not have the same level of protection, and urges EU to use trade pressure to raise the level of protection worldwide.

Brussels, 18 March 2026

Today, as revenues for European artists and labels are under more pressure than ever and national governments like Ireland are adopting temporary solutions, IMPALA underlines the urgency of clarifying EU rules on broadcasting and public performance to ensure European labels and performers do not lose revenues to countries who do not have the same level of protection, and also urges the European Commission to use trade pressure to raise the level of protection worldwide.

Helen Smith, IMPALA Executive Chair said: “Like other EU member states before them – the Netherlands, Denmark and Sweden – Ireland is changing its rules because it feels it cannot wait longer for the European Commission to come forward with a legislative proposal to clarify the EU rules on the principle of reciprocity. Like those countries, Ireland has indicated that it is concerned that the forced move to national treatment will affect Irish artists and they are looking to the European Commission to fix this through EU legislation. This is also an opportunity for the European Commission to apply trade pressure on all countries who do not have the same protection as in Europe.”

Helen Smith continued: “Material reciprocity is essential as it helps increase the level of protection worldwide by encouraging third countries to align with the level of protection which the EU offers to its own nationals. IMPALA has consistently said that the European Commission needs to fix the current situation, which is hurting European artists and labels. As evidenced by discussions in the Council of the EU, there is a way forward out of the current deadlock. We call again on the European Commission to come forward urgently with a proposal that would restore legal certainty by clarifying the principle of reciprocity at EU level while also allowing for the application of national treatment for member states who have been applying that or another approach. We also look to Ireland, which is taking over the Presidency of the EU in July 2026, to help speed up the process and encourage the European Commission to use trade pressure to raise the level of protection worldwide. No major music economy should be leaving their artists and record labels out of this vital source of income”.

As the Irish Minister for Enterprise, Tourism and Employment Peter Burke very clearly explained when the bill was being discussed in the Irish Senate (Seanad Éireann) in February 2026, as a result of the RAAP ruling of 2020 the ability for EU member states such as Ireland to reciprocate reservations made by third countries – such as the US who do not pay equitable remuneration to performers when their music is played on terrestrial radio and in shops – was suspended and may only be exercised at EU level.

The main issue arises because the EU directive is silent on the subject (this is due to individual countries exercising their own rights under international law for decades before the EU directive was adopted) and the EU court specifically acknowledged that the EU can expressly clarify its rules and introduce qualifications, which means it can confirm the principle of reciprocity which it can do in a proportionate way, as IMPALA and others have been calling for, allowing for other approaches such as national treatment to also be applied.

Minister Burke explained the consequences: “As a result of part of the (RAAP) ruling, in many member states royalties have now been shared with third-country performers where they were not previously. In some cases, this has reduced royalty payments to EU artists. Ireland (is) concerned about this issue and we understand that it is affecting Irish artists as well”.

Several EU member states who had been applying material reciprocity until recently and prior to the EU RAAP ruling, in line with international treaties, have been calling on the European Commission for years now to come forward with legislation on rules of international application and reciprocity for copyright and neighbouring rights in relation to third countries. Minister Burke also said in his intervention in the Irish Senate: “I understand that a legislative proposal is being prepared to resolve this issue and we hope it will be published by early 2027”.

IMPALA has consistently called, together with national artist groups from different EU member states, on the European Commission to table a targeted and proportionate proposal which will clarify the principle of material reciprocity in EU law, while continuing to allow for the application of national treatment for member states who have been applying that or another approach. Such a proposal will restore legal certainty and safeguard the interest of Europe’s music performers and producers, and help raise the overall level of protection for the benefit of music creators around the world.

Before Ireland, the three other EU countries – the Netherlands, Sweden and Denmark – who were applying the principle of reciprocity and have changed their rules following the RAAP ruling, have all called on the European Commission to come forward with a proposal. More on this:

• The Dutch law has changed in 2021 but the Dutch government supports a return to reciprocity.  
• At the beginning of 2024, Denmark also changed its rules temporarily under pressure and threats of litigation from the local IFPI. The Danish Minister for Culture stated that it was unfair that Denmark had to apply national treatment and pay, for example, the US which do not pay Denmark, and that he would fight tooth and nail for the principle of reciprocity to be restored at EU level.
• Similarly, in October 2024, the Swedish government announced that it would temporarily amend its remuneration rules due to EU delays in addressing the RAAP ruling. In his statement, the Swedish Minister of Justice made it clear that this change could lead to reduced revenue for Swedish right holders and increased costs for music users in Sweden, that the government considers the consequences of the RAAP judgement to be highly problematic and that Sweden would continue to work with like-minded countries towards a solution at EU level with reciprocity as the guiding principle. 

At the end of 2024, Ministers from six EU member states (The Netherlands, France, Sweden, Finland, Denmark and Belgium) addressed a joint letter to Executive Vice President Henna Virkkunen “to reiterate (their) strong encouragement and support for the Commission to introduce legislative measures on rules of international application and reciprocity for copyright and neighbouring rights in relation to third countries, in the light of recent high-profile case law from the Court of Justice of the European Union.”

The 2024 Belgian Presidency stock taking paper also emphasised that “overall, most members states from both groups which expressed an opinion agree that a flexible solution allowing for the application of either material reciprocity or national treatment to third countries rightholders should be further considered”.

More recently, as explained in a note by the outgoing Danish presidency of the EU summarising an exchange of views on this topic which took place in the Council copyright working party in November 2025, a possible way forward was discussed by EU member states: “All Member States who took the floor called for legal clarity and certainty. Member States were positive towards a flexible approach to this matter and regulation which could reflect the diverse national legal traditions, licensing practices and policy priorities listed above.”

IMPALA has also repeatedly called on the EC to use trade pressure to raise the level of protection worldwide. No major music economy should be leaving their artists and record labels out of this vital source of income. This is an opportunity for Ireland, which is taking over the Presidency of the EU in July 2026, to not only help speed the process up in Europe, but also use trade pressure to improve copyright protection globally. All major music economies should have these rights in their domestic legislation so that artists and record labels can benefit from this essential source of revenue.