Who Owns Your Face? Denmark’s Proposed Copyright Reform Says It Should Be You
Denmark is fighting back against AI generated “deepfakes” by proposing a new law that gives individuals the legal right to their own facial features, voice, and likeness.
With AI generated content becoming common in our daily lives, many people will have encountered so called “deepfakes.” Deepfakes are videos, images, or audio clips created using AI with the purpose of mimicking real individuals, sometimes for entertainment purposes, but increasingly to mislead or deceive. While fake AI generated content was once easy to spot due to poor quality, the deepfakes have reached a level of realism that can easily mislead the public.
Users of YouTube, Instagram or TikTok will be familiar with ‘entertaining’ celebrity deepfakes circulating on these platforms. One example is the fake videos of a supposed Tom Cruise performing magic tricks or playing golf. But the same technology is also being used for more harmful purposes. Examples include fake robocalls impersonating Joe Biden during the 2024 U.S. primary election, telling New Hampshire voters not to vote, and scams involving AI generated audio files that are used to replicate familiar voices to commit fraud.
Many Governments have already started to respond to the threat posed by AI generated content and deepfakes by implementing policies or changes in law. The US introduced a policy where platforms are required to remove harmful deepfakes within 48 hours whereas the UK’s Online Safety Act and the EU’s Digital Services Act aim to prevent harmful online content by targeting illegal activities and the spread of disinformation.
Denmark has now taken this approach further by proposing a change in current copyright law that would give people explicit rights over their own likeness.
Under the new law, individuals would gain the right to demand that online platforms take down deepfake content that uses their image or voice without consent with the possibility of claiming compensation. The law would however still allow the use of AI to create parody and satire content while protecting individuals from malicious or exploitative use of their own identity. Danish Culture Minister Jakob Engel-Schmidt summarised their position by stating that “Everybody has the right to their own body, their own voice, and their own facial features”.
Platforms that fail to comply could face heavy fines. Denmark also hopes that this change will set a precedent and serve as a model for future EU‑wide standards.
Denmark’s proposal is a long awaiting shift in how we think about our digital identity and ownership in the age of AI. If successful, it could pave the way for a broader individual rights and reforms in other countries.
