Denmark: European Commission issued opinion on Danish Bill amending Copyright Act introducing performance protection and protection against digitally generated imitations (2025/0654/DK)

On 3 February 2026, the European Commission issued an opinion under Article 5(2) of Directive (EU) 2015/1535 regarding Denmark’s notified draft Act amending the Copyright Act (Introduction of performance protection and protection against digitally generated imitations, etc.) (Notification 2025/0654/DK). The draft Act introduces two new forms of copyright protection. The first is a general right under Section 73a against the making available to the public of realistic digitally generated imitations of personal characteristics without consent. The second is a related right under Section 65a, allowing performers to authorise or prohibit the making available to the public of realistic digitally generated imitations of their performances. However, the Commission raised concerns about the scope of the new related right and how it interacts with the harmonised reproduction and communication rights under EU copyright law. They also questioned the proposed 50-year term of protection after the performer’s death and the extension of the liability regime for online content-sharing service providers. Furthermore, the Commission stated that the draft Act should be aligned with Articles 3(60) and 50(4) of the Artificial Intelligence Act. They clarified that the presence of the labelling required under the Artificial Intelligence Act should not influence the assessment of resemblance, false appearance, or likelihood of confusion when determining whether a digitally generated imitation is protected. The Commission invited Denmark to review the draft Act to ensure alignment with EU copyright legislation and the Artificial Intelligence Act.