AI Deepfakes and Copyright: Perspectives for India from Denmark and EU AI Act
Mr. Pranand Prakash Chougule
Assistant Professor (M. Law)
Ganpatrao Arwade College of Commerce, Sangli
“The deployment and use of AI technologies will have implications both for intellectual property law and policy and the administration of IP systems around the world”
– WIPO Director General Francis Gurry in an Interview (WIPO Magazine- September 20, 2018)
- Abstract
Artificial intelligence (AI) has significantly transformed creative and communicative processes, but it has simultaneously facilitated misuse of technology through deepfakes that manipulate voice and facial identity. Denmark has recently proposed amendments to its Copyright Act aimed at extending protection to voice and face, thereby reflecting the maturity of its legal system in addressing new technological challenges. Likewise, the European Union has taken proactive steps through the AI Act, 2024, which lays down harmonized rules for the governance of AI, particularly concerning high-risk applications and accountability mechanisms. These developments exemplify how jurisdictions are evolving to regulate risks associated with emerging technologies.
In India, increasing instances of voice cloning and facial manipulation are giving rise to frauds and unnecessary harassment of individuals whose images and voices are misused by wrongdoers for unlawful purposes. At present, identifying and punishing such offenders appears unrealistic due to both lack of legal awareness and absence of a comprehensive statutory framework. While the Copyright Act, 1957, has been amended several times, it does not provide adequate safeguards against AI-driven threats such as deepfakes. By drawing lessons from Denmark’s proposed amendments and the EU AI Act, India can chart a progressive path towards protecting its citizens from misuse of voice and facial data. This paper argues for the urgent need to update copyright and allied laws in India, ensuring they remain responsive to evolving technological challenges posed by AI.
Keywords: Artificial Intelligence, Deepfakes, Copyright Law, Denmark Proposed Amendment to Copyright Act, Voice Protection, Digital Identity, EU AI Act.
DOI link – https://doi.org/10.69758/GIMRJ/2509I9VXIIIP0061
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