Expanded Protection for Copyrights: A Move Worth Supporting
In a groundbreaking move, Denmark is set to become the first European country to grant its citizens copyright over their own physical and vocal features in a bid to combat the growing problem of AI-generated deepfakes. This legal strategy aims to strengthen protections against the creation and dissemination of digital imitations without consent, which current laws do not adequately cover.
The Danish government argues that people should have the explicit right to control their own image and voice in the digital realm, treating these personal features as copyrighted material that cannot be used or reproduced without permission. The culture minister, Jakob Engel-Schmidt, has emphasised that human beings are being “run through the digital copy machine,” often resulting in misuse, and Denmark is unwilling to accept this under current legal frameworks.
Once enacted, the law would enable individuals to demand the removal of unauthorised deepfake content from online platforms. Platforms that fail to comply could face substantial fines, and the issue could escalate to the European Commission if necessary. The law also aims to exclude protections for parodies and satire, which would remain permitted.
This legislation is considered among the first of its kind in Europe, marking a shift in how personal identity is legally protected against AI technologies. It contrasts with other jurisdictions like the U.S., where laws focus more narrowly on specific uses of deepfakes, such as in elections or nonconsensual explicit content, and where regulatory powers are currently under debate.
This move is considered a major win in terms of privacy, as it gives people legal recourse against the misuse of their likeness in deepfakes, ensuring better control and protection of personal identity in the era of generative AI. The Danish government's approach to copyright law is different from what is typically expected, favouring consumers over commercial interests.
It is important to note that this copyright story is not related to the Public domain or Pope Francis, nor is it connected to Midjourney. The Danish copyright law change does not affect the copyright status of Pope Francis, Midjourney, or the Public domain. Moreover, the law change does not necessarily create new legal risks for photographers when taking pictures of Danes.
In conclusion, Denmark's decision to grant copyright over physical and vocal features is a significant step towards protecting individuals from unauthorised use of their likeness in deepfakes. This move is expected to set a precedent for other countries to follow, as the world grapples with the challenges posed by AI technologies.
The Danish government, in a departure from traditional copyright laws, is considering the personal features of individuals - their physical and vocal attributes - as copyrighted material, aiming to restrict their unauthorized use and reproduction in the digital realm, particularly in the context of deepfakes. This new approach to copyright law could lead to financial consequences for platforms that fail to remove unauthorized deepfake content, as they may face substantial fines for non-compliance.
