Acceso usuarios
Gabriel Ernesto Melian Pérez, Laura Herrerías Castro
This paper critically examines Denmark’s proposed amendment to its Copyright Act, particularly section 73(a), which aims to grant individuals intellectual property protection against the unauthorized shar-ing of realistic, digitally generated imitations of their physical traits (deepfakes). While recognizing the well-intentioned aim, this study contends that the Danish proposal is fundamentally flawed both concep-tually and teleologically. The analysis demonstrates that copyright law is an inappropriate framework for safeguarding elements of personal identity. A significant teleological mismatch exists: copyright law promotes economic and cultural objectives by encouraging the creation of works, whereas personality rights are grounded in the principle of human dignity. This misalignment risks turning intrinsic person-ality traits into commodities and undermining the coherence of the copyright system. The study pro-poses that Spain’s Organic Act 1/1982 on the civil protection of the right to honour, privacy and one’s own image offers a more suitable alternative. Despite its origins in the 1980s, this act’s substantive and procedural design effectively addresses technological challenges such as deepfakes without requiring major reforms. The paper concludes that reinforcing existing civil protection mechanisms provides a more consistent solution than relying on copyright law.
