Denmark’s New Image Copyright Law: Your Face, Your Rights in the Digital Future

Do our current laws protect our image from bad actors? Denmark has taken a first step in addressing this complicated question. The country has recently passed a law that gives individuals legal ownership of their own image. 

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This groundbreaking legislation bolsters protections against unauthorized use of personal photos and likenesses and also stands to reshape the landscape of digital rights and privacy. Ripple effects in other legal systems are likely on the horizon.

How Does the Law Work?

Under the new Danish law, every person now holds “copyright” status regarding images or likenesses of themselves. In other words, Danes must give express consent before a third-party uses their photo, face, or any recognizable depiction of the individual–captured in a photo, video, or artwork.

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Traditionally, copyright law applied to creators and artists. For instance, photographers and filmmakers hold copyright to their works. However, Denmark’s new legislation grants individuals legal control over how their own image is used, regardless of who created the photograph or artwork.

Why Did Denmark Introduce This Law?

Social media, digital advertising, and the proliferation of unauthorized image use online is becoming commonplace and can cause significant and lasting harm. The proliferation of smartphones and digital cameras has made it effortless for individuals to capture, post, and distribute images featuring others. These images can take on a life of their own and end up in places their subjects never agreed to, including marketing campaigns, meme pages, or even news sites.

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Danish lawmakers’ intent is to set clear boundaries: your image is yours. They see the law as a tool to fight cyberbullying, doxing, and invasive advertising. If a third-party does not seek your prior permission, they are restricted from using your likeness–for commercial, editorial, or even social sharing purposes.

Considerations for Content Creators

The law introduces new standards for marketers, news agencies, photographers, and influencers. Danish businesses must now review their practices around imagery to ensure compliance. U.S. businesses can consider this list as best practice:

• Consent Forms Are Crucial: Companies and creators are encouraged to secure written consent when taking photographs or videos featuring identifiable people.
• Content Audits Recommended: Organizations should review and, if necessary, remove past media that may have been posted without proper authorization.
• Heightened Privacy Standards: Even user-generated content aggregators, meme accounts, and digital marketing teams must be vigilant to avoid legal problems from unauthorized use.
• For content creators with Danish touchpoints, the law means greater responsibility but also clarity. With express consent now a requirement, creators can proceed confidently, knowing their work is fully authorized.

Could Something Similar Happen in the U.S.?

We will have to see how the new law in Denmark shapes up. From a public policy perspective, there are some important take-aways for U.S. lawmakers to consider.

• Control Over Personal Reputation: Individuals can prevent unwanted or embarrassing photos from being used or circulated. Reduced Cyberbullying and Doxing: By making unauthorized image use punishable, such a law acts as a deterrent against online harassment and privacy violations.
• Safer Social Media Experience: Everyday social media users gain the legal right to challenge content in which they appear but never authorized.
• Empowerment Against Exploitation: Models, athletes, and public figures would have stronger protection from brands or tabloids misusing their images without fair compensation.

Based in Texas, our team at Idora Law Studio helps individuals and businesses understand and protect their rights in today’s evolving digital world. Reach out to learn how we can support you.

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Disclaimer: The information provided on this blog is for general informational purposes only and does not constitute legal advice. The content may not reflect the most current legal developments.