Regulation of Deepfakes and the Danish Law on Copyright: An Analysis

In recent years, the use of deepfakes has become a growing concern across the world. Deepfakes are manipulated media, often videos, which make it seem like a person is doing or saying something they did not actually do or say. With advancements in technology, these deepfakes are becoming increasingly realistic and difficult to distinguish from real content. This has raised concerns about their potential impact on individuals, politics, and society as a whole.

In response to this issue, many countries have introduced laws and regulations to address deepfakes. One country that has taken a unique approach is Denmark. In this article, we will analyze the Danish law on copyright and its regulation of deepfakes.

The Danish Law on Copyright

The Danish law on copyright is governed by the Danish Copyright Act, which was last revised in 2018. This law protects works of literature, art, music, film, and other forms of creative expression. It grants the creator of a work exclusive rights to use and distribute their work for a certain time period. This includes the right to make copies, create adaptations, and control the public performance of the work.

The Danish Copyright Act also outlines exceptions to these exclusive rights, such as fair use for educational and research purposes. However, the law does not specifically address the issue of deepfakes, as it was enacted before deepfakes became a prevalent problem.

Deepfakes and Copyright

Deepfakes present a unique challenge to copyright laws. Since they are manipulated content, deepfakes do not directly fall under the protection of copyright law as they are not deemed original works. However, they may still infringe on the copyright of the original content used to create them.

For example, if a deepfake uses clips from a copyrighted film, it may infringe on the copyright of the film without infringing on the copyright of the creator of the deepfake. In this case, the creator of the deepfake may be liable for copyright infringement.

Danish Regulation of Deepfakes

The Danish government has taken a proactive stance in addressing the issue of deepfakes through its copyright laws. In 2019, Denmark introduced a law which makes it illegal to create and distribute deepfakes of people without their consent.

The law, known as the “Deepfake Act,” applies to videos that use a “person’s image or voice in a way that they appear to perform an action, say something, or engage in a conversation that they did not actually do.” This includes videos that use AI technology to manipulate the person’s image or voice to make it seem like they are saying or doing something they did not actually do.

The Deepfake Act also extends to videos that use a person’s likeness without their consent, even if it is not a direct representation of them. For example, if a person’s image is used in a video game without their consent, it may be deemed a violation of the Deepfake Act.

Implications of the Deepfake Act

By criminalizing the creation and distribution of deepfakes without consent, the Deepfake Act aims to protect individuals from the potentially harmful impact of deepfakes, such as reputational damage or the spread of false information. It also serves as a deterrent for individuals who may consider creating or sharing deepfakes.

Furthermore, the Deepfake Act also addresses the issue of copyright infringement. Since deepfakes often use copyrighted material without permission, the Act provides a legal avenue for copyright holders to protect their works and take action against those who use their content without consent.

Conclusion

In conclusion, the Danish regulation of deepfakes through the Deepfake Act demonstrates the country’s proactive approach in addressing this growing concern. The Act not only protects individuals from the harmful impact of deepfakes but also addresses the issue of copyright infringement. As deepfakes continue to evolve, it is essential for countries to have laws and regulations in place to mitigate their potential impact and protect the rights of individuals and copyright holders.