Denmark is making headlines with its proposed legislation to give individuals greater control over the commercial use of their voice and likeness, a move that reflects the growing global concern around digital identity, deepfakes, and AI-generated content. While this development sits at the intersection of privacy and personality rights, it also has implications for trade mark law, especially where branding overlaps with personal identity.
What is Changing in Denmark?
The proposed Danish law would give individuals the right to control how their voice and likeness are used commercially, including in advertising, entertainment, and digital media. This is a significant step toward recognising personality rights as distinct and enforceable legal interests, similar to how trade marks protect brand identity.
For businesses, this means:
- Greater scrutiny over brand endorsements and use of public figures in marketing
- Potential overlap with trade mark law, especially where a person’s name, image, or voice is part of a brand
- Increased compliance obligations when using AI-generated content that mimics real individuals
Trade mark Implications
While Denmark’s move is primarily about personality rights, it intersects with trade mark law in several ways:
- Voice and likeness as brand assets: If a person’s voice or image is part of a logo, jingle, or brand identity, it may need to be registered and protected as a trade mark, but only with proper consent.
- AI-generated branding: Businesses using generative AI to create logos or marketing content must ensure that the output does not infringe on someone’s likeness or voice, especially under the new Danish framework.
What About Australia?
Australia does not currently have a standalone right to control the commercial use of voice or likeness. Protection is typically pieced together through privacy law, passing off, and consumer law. However, as global standards shift, Australia may face pressure to modernise its approach, particularly as AI and digital media continue to blur the lines between identity and branding.
What Should Businesses Do?
If your brand uses personal identity elements, whether through endorsements, AI-generated content, or stylised branding, it is time to review your IP strategy.
Contact the IP and Tech team at Morgan + English to:
- Assess whether your branding intersects with personality rights.
- Ensure your trade marks are up to date and compliant with international standards.
- Navigate the legal risks of using voice, likeness, or AI-generated content in your brand.
As the legal landscape continues to evolve, proactive brand protection has never been more important. If you’d like guidance on safeguarding your brand, reach out to Ersel (ersel@morganenglish.com.au) and the IP + Tech + Compliance Team at M+E today.
