Denmark Leads Battle Against AI DeepfakesAugust 12, 2025

(Jointly authored by Kirk Hartung, an IP attorney in the U.S., and Danish attorneys Niels Skyttedal Dahl-Nielsen and Sille Rahbæk Grostøl)

Denmark’s parliament has recently proposed new legislation, the first of its kind in Europe, which will give individuals rights to their own face, body, and voice in connection with the use of AI.  In an attempt to address bad actors who create unauthorized AI deepfakes of people, an amendment to the Danish Copyright Act, if enacted, will give people the right to demand removal of the images and video created of them using AI, and seek monetary compensation. 

There is wide support of this legislation by the Danish political parties, which are expected to approve the amendment to the Danish Copyright Act by the end of 2025.  The draft of the new provisions allows individuals to own their appearance and voice, also in the context of AI, by granting them the right to demand removal of deepfake created of them without permission.

Jakob Engel-Schmidt, Denmark’s Culture Minister, stated everyone “has the right to their own body, their own voice and their own facial features.”  He further noted that humans can be “run through the digital copy machine and be misused for all sorts of purposes,” which is not acceptable.  These highly realistic AI-generated images, videos, and audio can falsely depict a person as having said or done something that has never actually occurred.

The legislation identifies an exception for satire and parodies, which will be permissible, to protect freedom of expression. Furthermore, it is not an absolute ban on creating people using AI. It is a ban on using deepfake for inappropriate material without the consent of the person in question, and in such cases, the affected individual can have the material removed.

The objective of the proposed legislation is to curb deceptive use of AI, which may damage reputations, mislead consumers, and undermine trust.  For example,  non-consensual sexual content, scam campaigns, fake endorsements, and fabricated political content which uses anyone’s personal traits without permission will be subject to take down notices and financial penalties.  The legislation will compel technology companies to implement monitoring systems and ensure prompt responses to violations.

While U.S. states provide protections for publicity and privacy rights, federal law does not currently recognize personal ownership of one’s face, body, or voice when using AI. The U.S. Congress has pending legislation regarding deepfakes, but differs from the amendment in the Danish Copyright Act, which go further than the name, image, likeness (NIL) laws in the U.S. The NIL laws generally allow athletes to be compensated for their hard work and rise to public fame, but they are not related to creation and dissemination of AI-generated deepfakes that may harm someone’s reputation. 

The changes protect individuals and their rights but also add another layer of rules and legislation to navigate when using AI. It is expected that other nations may follow Denmark’s lead on accountability and ramifications for deepfakes that use personal attributes for improper purposes. It is therefore essential to use AI within the framework of, for example, copyright law or similar future legislation.

Kirk Hartung is a member of the Mechanical Patent Practice Group at McKee, Voorhees & Sease, PLC., an intellectual property boutique law firm in Iowa, specializing in all aspects of IP law.  For additional information please visit  www.ipmvs.com or contact Kirk directly via email at kirk.hartung@ipmvs.com.  

Niels Skyttedal Dahl-Nielsen and Sille Rahbæk Grostøl are attorneys at NJORD Law Firm in Denmark, a specialized Nordic firm known for combining local roots with an international perspective to deliver clear, business-focused legal counsel. NJORD offers specialized and practical legal solutions across corporate and commercial law, intellectual property, M&A, litigation, employment, transport, real estate, EU/competition, and more. For additional information, please visit www.njordlaw.com or contact Niels at ndn@njordlaw.com.