Identity Under Copyright: Legal Response to the Deepfake Era
Identity Under Copyright: Legal Response to the Deepfake Era

Author(s): Daniel Zigo
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Law and Transitional Justice, Information Architecture, Law on Economics, EU-Legislation, Commercial Law
Published by: ADJURIS – International Academic Publisher
Keywords: AI; copyright; deepfake; Denmark; DSA; personality protection;
Summary/Abstract: The exponential growth of artificial intelligence has created new challenges for personal identity protection, particularly through deepfakes, AI-generated, hyper-realistic imitations of human likenesses and performances. This paper situates the problem within the evolving EU and global regulatory landscape, analysing key instruments such as the EU´s AI Act and Digital Services Act (DSA), alongside emerging national approaches. It then focuses on Denmark’s innovative legislative proposal amending its Copyright Act to protect both performing artists and individuals from unauthorized digital replicas. By introducing copyright-like rights over personal likeness, the Danish model offers a novel, though unconventional, mechanism that blurs the line between intellectual property and personality rights. The article critically evaluates this approach and considers its implications for future European harmonization and the balance between protection, expression, and enforcement.

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