You do not have to be a celebrity to be impacted by deepfakes or other AI-generated content. In fact, Denmark’s new law will soon grant individuals copyright control over their image and likeness in relation to deepfakes. This should be a signal for everyone, especially entrepreneurs and business owners. This isn’t just about protecting famous faces. Business owners, influencers, and other professionals are all at risk of having their identity or brand misused online.
What Denmark’s Deepfake Law Means
On June 26, Denmark announced plans to grant individuals copyright protection over their image, voice, and likeness when used in deepfakes or other AI-generated content. The law is a direct response to the explosion of deepfakes, which are realistic but fake media (fake video, audio, or images of you) created by AI that can be used for everything from political misinformation to impersonating business leaders.
For New York business owners, this is not just a European issue. It is a sign of where the law is heading, and it highlights the urgent need to understand and manage AI risks in your own company.
Dangers of AI Content and How it Affects Your Business
As a business owner, your brand, your image, and your creative work are often the heart of your business. That’s why it’s so important to pay attention to things like trademarks, copyrights, and trade secrets, and to have a plan in place if someone tries to steal what you’ve built. Denmark’s new law is a sign that the rules are changing fast, and it’s a reminder that we all need to take these risks seriously.
Organizations employing AI tools for content creation, data analysis, or public engagement must grasp the evolving legal ramifications. The threat posed by deepfakes extends beyond celebrities, but extends to CEO and business executive impersonation, customer deception, and brand harm.
Imagine a fake video of your CEO making false statements about your company, or a deepfake audio message used to trick your employees into transferring funds. This is just one example of the pressing need for awareness and mitigation strategies surrounding AI content.
Copyright Protection and Transparency
While there isn’t a total ban on deepfakes, the new law requires transparency for all AI-generated content, and non-compliance could result in administrative fines exceeding €35 million.
While the United States lacks a federal law akin to Denmark’s, existing legal risks must be on your radar. In New York, businesses can still be subject to lawsuits for unauthorized use of individuals’ likenesses under the New York State Civil Rights Article 5 § 51 (2024). Enterprises involved in generating or sharing AI-generated content face potential legal actions for copyright infringement, defamation, or privacy breaches.
How to Safeguard Your Business Interests
Auditing AI tools and content, updating contracts to ensure legal compliance, establishing clear internal policies on AI usage, monitoring for infringements, and staying ahead of legal developments with AI use are all ways to combat this pervasive issue as it continues to evolve.
Collaborating with a corporate law attorney can provide invaluable guidance with the legal intricacies surrounding AI and deepfakes, ensuring your business operates with confidence and adherence to best practices.
