Danes to Gain Copyright Control Over Voice and Likeness
Copenhagen's Parliament has approved legislation granting individuals automatic copyright over their face, body and voice, empowering them to demand takedowns and compensation for unauthorised AI-generated deepfakes. Culture Minister Jakob Engel‑Schmidt underlined the urgency of this measure, warning that 'Human beings can be run through the digital copy machine and be misused for all sorts of purposes and I'm not willing to accept that.'
Legislators across the political spectrum endorsed the amendment, regarded as Europe's first to recognise personal likeness as copyrighted content. It aims to cover hyper-realistic representations—photos, videos or voice clones—created without consent. Offending platforms could face significant fines, while individuals and artists may pursue damages. The bill will exclude content clearly marked as parody or satire.
With Denmark assuming the EU Council presidency on 1 July 2025, the government plans to submit the draft for consultation by late summer and push for parliamentary passage in the autumn. Officials indicated this will provide time for broader European discussion of similar laws.
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While non-consensual deepfakes have appeared around the world—affecting public figures such as Taylor Swift and Pope Francis and fueling disinformation campaigns—the bulk of coercive content remains exploitative in nature. A 2019 report from Sensity AI estimated that 95% of online deepfakes are non-consensual pornography, with 90% featuring women.
Under the proposed law, Danes would have the right to request swift removal of any infringing content. Platforms that fail to act may be fined, and affected individuals, including performers whose voice or image is replicated, could seek financial redress. Parody and satire are shielded under an exemption, though how enforcement will distinguish legitimate content from misuse remains to be clarified.
Experts warn that the law may face legal scrutiny on grounds of compatibility with freedom of expression and existing EU regulations, such as the GDPR and Digital Services Act. Critics have flagged the possibility of overreach, especially concerning public discourse and artistic expression. Officials maintain that these protections are specifically targeted at unconsented deepfakes, not legitimate creative or critical content.
The initiative places Denmark at the vanguard of deepfake regulation. Its focus on granting individuals proprietary control over their personal attributes, directly enshrined in copyright law, marks a novel strategy. It contrasts with initiatives in the United States—such as Tennessee's ELVIS Act or federal measures like the Take It Down Act—that focus primarily on sexual exploitation and do not offer such sweeping rights over likeness.
Tech platforms anticipated to face challenges adapting to this framework, as they may need to integrate consent verification systems and proactive takedown processes. Generative AI firms may have to overhaul internal policies to ensure content featuring Danish citizens is handled lawfully. The planned fines and potential legal exposure are expected to incentivise rapid compliance.
Consumer advocates welcome the measure, asserting it reinforces personal autonomy in the digital age. However, some legal scholars caution that policing deepfakes globally and balancing the boundary between misuse and satire will require detailed guidelines and pragmatic enforcement mechanisms.
Denmark's move is likely to inspire parallel efforts across the EU. With its presidency platform, the country intends to encourage member states to replicate its approach. Key to this will be the harmonisation of legal standards across jurisdictions and clarity on enforcement tools under both copyright and broader EU law.
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