Artificial intelligence is sweeping across the cultural sector and the technology requires clear legal protection to safeguard artists' business, art and work. The Danish Artist Association has been pushing for this protection to be written into the law," says Sara Indrio:

"In a reality where the use of AI is becoming far more widespread, it is necessary to protect against others stealing, monetising and exploiting artists' unique expression. Years of pressure have been heard, and the new bill includes protection against sound-alikes, deep fakes and performances. Technology has shown a gap in the law and the answer is this expanded protection for performers," says Sara Indrio

Denmark's Minister of Culture, Jakob Engel-Schmidt, together with a majority in the Danish Parliament, has listened to the artists. With this proposal, Denmark is leading the way, says the minister:

"Everyone should have the right to their own body, voice and facial features. We recently took a big step towards this with a broad agreement in the Danish Parliament, because technology is moving so fast that we won't be able to tell the difference between a real video and a manipulated one. Everyone in Europe should have the same rights that we are introducing in Denmark."

Artists and cultural organisations benefit from better protection

When artists' performances are properly protected, it also secures the future of Danish cultural life," explains Sara Indrio:

"The bill for better protection will ultimately benefit all Danes and is also receiving a lot of attention from abroad as an important step in the right direction. AI shows that we need to expand basic rights to our own voice, brand, person and performance, because new technology can actually be used quite limitlessly for, well, everything between heaven and earth," she says and continues

"It's already hard for many artists to earn enough from their work, and we already face a lot of uncertainty in our working lives. I don't think we can avoid talking about how that uncertainty becomes unreasonably high in an unregulated AI reality. The incentive to become an artist should not be reduced, on the contrary. We as a society cannot tolerate that."

Finally covers circus and all artistic performance

As the law stands, there is a difference between the protection of creators and the protection of those who perform music or other artistic expressions, such as circus and dance.

The proposal for a general protection of artistic performances will protect artists, musicians, actors in a new AI reality, but also include circus, folklore and improvisation, which is an important safeguard for the future, says Sara Indrio:

"I believe that performances by real people will become even more attractive in the future. Therefore, we cannot risk not being fully covered by the law. The same goes for protection against identity theft and digital impersonation. Technology is developing very quickly and this is already the reality for artists," she says.

For a number of years, the Danish Artist Association has been working to implement an extended protection of artists so that an artistic performance will enjoy protection in its own right.

Some are nervous that the new protection will become a backdoor to monetise 100 % AI-generated works that are not otherwise protected. Sara Indrio recognises this challenge, but believes it can and must be solved by other means.

"We need to solve that problem too, but in a different way. Right now it's about protecting everything we can." she says.

Artists are strongest in joint efforts

AI is a huge and complex challenge, and it takes strong legal forces to fight for artists' working conditions in this vast field.

This effort is only possible as long as artists stand together and stand up for their rights and fair conditions.

"We can see from other countries that when the law is working along, it's easier for us as unions to make reservations about others using our person or works for training, sound a likes and so on, in the agreements we make with producers and others. We are now introducing AI disclaimers in all new contracts and encouraging all artists to have the agreements legally scrutinised so that we are not a few artists who are alone in being 'difficult' with demands and disclaimers, while others feel pressured to give up rights and ultimately payment. This is the kind of solidarity that will have a huge impact on our common future as artists," says Sara Indrio.

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