Denmark’s Proposed Amendment to the Copyright Act on AI-Generated Imitations
Denmark has introduced a groundbreaking amendment to its Copyright Act aimed at addressing the misuse of digitally generated imitations of a person’s likeness, body, and voice. The proposal, announced on June 26, 2025, introduces two new legal provisions: Section 65a for performers and Section 73a for the general public. These provisions grant individuals the right to control unauthorized reproductions of their likeness or voice, particularly those created using artificial intelligence. The amendment is designed to provide a legal framework for takedown requests, compensation claims, and platform liability, ensuring that individuals can protect their digital identity from deepfake exploitation.
The proposed legislation is notable for its broad scope, extending protections to all natural persons, not just public figures. This inclusive approach ensures that everyday citizens are equally safeguarded against the unauthorized use of their likeness or voice in AI-generated content. The amendment explicitly prohibits the creation and dissemination of synthetic imitations without consent, aligning with the growing global concern over deepfake technology’s potential for harm.
Key Legal Provisions and Their Implications
The amendment introduces two critical sections to the Copyright Act:
- Section 65a (Performers’ Rights): This provision prohibits the unauthorized creation and distribution of AI-generated imitations of a performer’s acts. It ensures that artists and performers retain control over their creative expression, even when replicated through synthetic means.
- Section 73a (General Public Rights): This section extends similar protections to all citizens, granting them the right to challenge and remove unauthorized digital reproductions of their likeness or voice. Unlike existing defamation laws, this provision does not require proof of reputational harm; individuals can seek compensation and takedowns even if no actual damage has occurred. This lowers the threshold for legal recourse and makes it easier for individuals to address misuse of their digital identity.
The legislation also incorporates exemptions for parodies, satire, caricatures, and social criticism, ensuring that freedom of expression is preserved.
Enforcement Mechanisms and Platform Liability
The proposed amendment builds on existing enforcement infrastructure within the European legal framework, particularly the notice-and-takedown mechanisms already established under copyright law. This familiar structure allows individuals to file complaints with online platforms, which are then obligated to remove infringing content promptly. Failure to comply with takedown requests could result in platform liability, incentivizing service providers to monitor and address unauthorized AI-generated imitations.
The law’s extraterritorial application is another significant feature. Protections extend to any natural person whose likeness is reproduced or disseminated within Denmark’s territorial jurisdiction, regardless of their nationality. This is particularly relevant in the digital age, where deepfake content can be hosted or shared across multiple jurisdictions. However, this broad scope also raises practical challenges, as Danish authorities may need to coordinate with international counterparts to address infringements originating outside the country.
Coordination with Existing Legal Frameworks
The proposed amendment must be carefully aligned with existing legal obligations to avoid conflicts or gaps in protection. Key frameworks that require coordination include:
- General Data Protection Regulation (GDPR): While GDPR focuses on data privacy, the new provisions address the misuse of personal likeness and voice, which may overlap with data protection concerns.
- European Union’s Digital Services Act (DSA): The DSA imposes obligations on online platforms to monitor and address harmful content, including disinformation. The proposed amendment complements these obligations by providing individuals with specific rights to challenge AI-generated imitations, reinforcing the DSA’s goals of creating a safer digital environment.
Denmark’s initiative also presents an opportunity to influence broader European policy. As the country holds the EU presidency, it is well-positioned to advocate for a unified approach to digital identity rights across the continent. This could set a precedent for other member states, fostering consistency in how AI-generated deepfakes are regulated and addressed.
Timeline and Legislative Process
However, as of June 26, 2025, adoption has not been confirmed by an authoritative source, meaning the timeline remains subject to legislative developments. The proposal enjoys broad political support, which increases the likelihood of its passage, but final approval will depend on further deliberations and potential amendments during the legislative process.
If enacted, Denmark’s amendment will mark a significant step forward in protecting individuals from the harms of AI-generated deepfakes. Its comprehensive approach—combining copyright protections, platform accountability, and extraterritorial reach—could serve as a model for other jurisdictions seeking to address similar challenges in the digital age.
Key dates
- bill text provides entry into force 2026-03-31 (unconfirmed)