Denmark Proposes AI Deepfake Copyright Law to Protect Personal Likeness, Voice, and Identity
- Habbine Estelle Kim
- Jul 17
- 3 min read
Updated: Jul 18
In a landmark move, Denmark has proposed a sweeping amendment to its Copyright Act, aimed at protecting citizens from AI-generated deepfakes that replicate their likeness, voice, or physical traits without consent. If passed, the law will mark the first of its kind in Europe to treat biometric identity as a form of intellectual property.
📜 Background and Legal Innovation
On June 3, 2024, a majority of parties in the Danish Parliament reached a cross-party agreement on the general terms for the use of artificial intelligence within political activities - specifically addressing the use of deepfake images and audio by parliamentary parties.
On June 26, 2025, Denmark’s Minister of Culture, Jakob Engel-Schmidt, introduced the “Draft Proposal for an Act to Amend the Danish Copyright Act” (UDKAST Forslag til Lov om ændring af lov om ophavsret), seeking to curb the misuse of AI in generating deepfake content. The proposed legislation is scheduled to enter into force on March 31, 2026, pending parliamentary approval.
The bill introduces legal protections against the unauthorised digital replication of an individual’s face, body, or voice, regardless of their public status. By explicitly framing these attributes as protected expressions, the law diverges from traditional copyright frameworks - which typically safeguard only original creative works - and repositions biometric identity within the realm of intellectual property.
📌 Key Amendments:
Item 8 (§ 65a): Introduces a 50-year post-mortem right for performing artists, prohibiting the digital recreation of performances without explicit consent. Consent is revocable and the burden of proof lies on the person sharing the content.
“§ 65 a. Realistic digitally generated imitations of a performing artist’s or performer’s artistic performance must not be made available to the public without the consent of the performing artist or performer.Subsection 2. Protection under subsection 1 lasts until 50 years have elapsed after the death of the performing artist or performer.Subsection 3. Provisions in § 2 subsections 3 and 4, §§ 3, 11, 13, 13 a, 16 a, 16 c, 16 f, 17-17 b, § 17 c subsections 2, 3 and 4, §§ 17 d-17 e, § 18 subsections 1 and 2, § 19 subsections 1 and 2, and §§ 21-23, 24 b, 25, 25 a, 27, 28, 30 a, 33, 34, 35, § 47 subsections 1 and 2, §§ 49, 50-57, 58 a, 61 and 62 shall apply correspondingly to realistic digital imitations of performing artists’ performances or performers’ artistic presentations.”
Item 10 (§ 73a): Protects all natural persons against unauthorised deepfake imitations of their physical characteristics. May be subject to exemption on a case by case basis certain caricature, satire, parody, pastiche, criticism, or similar purposes (freedom of expression under Article 10 of the European Convention on Human Rights) — unless the imitation causes serious harm or misinformation.
“Protection against realistic digitally generated imitations of personal characteristics§ 73 a. Realistic digitally generated imitations of a natural person’s personal, physical characteristics must not be made available to the public without the consent of the imitated person.Subsection 2. Subsection 1 does not apply to imitations primarily intended as caricature, satire, parody, pastiche, criticism of power, societal criticism, or similar unless the imitation constitutes misinformation likely to seriously harm the rights or substantial interests of others.Subsection 3. Protection under subsection 1 lasts until 50 years have elapsed after the death of the imitated person.”
Item 19 (§ 86a): Extends protection to foreign nationals, underscoring the global scope of Denmark’s proposed framework.
“Special provision on protection against digitally generated imitations of personal characteristics§ 86 a. The provision in § 73 a applies to imitations of all physical persons, including foreign nationals.”
These amendments significantly broaden the protective reach of Danish copyright law, positioning it as one of the most progressive legal responses to AI-generated content in the EU.
🕒 Legislative Timeline
· Consultation Phase: Ongoing (summer 2025)
· Parliamentary Consideration: Expected in October 2025
· Implementation Date: March 31, 2026
🧭 Conclusion
Denmark’s proposed amendment to its Copyright Act represents a paradigm shift in how the law views personal identity in the age of AI. They respond to rising concerns that deepfakes undermine democratic discourse, privacy, and trust in public institutions. The bill is strategically aligned with broader EU regulatory efforts, including the EU Artificial Intelligence Act, the Digital Services Act, and European Convention on Human Rights (ECHR) standards. By granting individuals exclusive rights over the digital replication of their appearance, voice, and likeness, the country is pioneering a new standard for deepfake regulation and identity protection.
Denmark plans to champion similar protections at the EU level during its upcoming presidency. If passed, the legislation will not only offer comprehensive protection to citizens and artists but may also serve as a blueprint for the European Union and beyond in confronting the growing ethical and legal challenges posed by generative AI technologies. If successful, Denmark could set a precedent for international legal frameworks on digital identity and AI.