Finally! Better protection for artists' performances on the way

A long-awaited legislative proposal aims to provide artists and musicians with broader protection of their expressions and performances. The proposal ensures artists a safeguard against AI impersonation and the right to their own performance. The Danish Artist Association welcomes the proposal after several years of work for artists’ rights.

By Julie Westh Nielsen

Musicians, dancers and circus performers must have better opportunities to determine the use of their artistic performances. This is a central part of the bill that Culture Minister Zenia Stampe has presented today.

The Danish Artist Union has for many years worked to expand the protection of artists’ work and to include it in the copyright law. Therefore, the current proposal is an important step both for the rights of artists and for their ability to earn a living from performing.

Protection of the performance itself

Today, the protection of the performance of performing artists pursuant to Section 65 of the Copyright Act is limited to their performing a literary or artistic work.

The new bill expands the protection to cover the artistic performance of the artist themselves. This is relevant for, among other things, circus, dance, and improvisation, where a performance is not necessarily a performance of a work.

“An artist’s work has value, even when the performance is not a performance of a work. With the performance protection, more artists get a basis for determining the use of their performance and agreeing on payment,”
says Jens Skov Thomsen, Head of Legal at the Danish Artist Union.

Stronger protection against digital counterfeits

Alongside protecting the artists' performances, the bill will also protect against digital impersonation, where the artists' personal characteristics can be used in manipulated videos, images, or audio recordings without consent.

The proposal is a necessary protection against artificial intelligence, according to Sara Indrio, the spokesperson for the Danish Artists' Association. She sees a continued need for more solutions in the field of AI:

”More and more actors want to make money from the artists” unique work. In an age where technology threatens the artists’ most important tool of work, namely the body and voice, it is essential to have the right to determine our own expression. Ultimately, it could threaten our democracy if we cannot be sure that there is a human behind the art,”
says Sara Indrio, chair of the Danish Artists' Union.

She also praises the politicians for keeping the focus on the artists' rights in the legislation.

”It is positive and very important that artists are protected. Technology is developing rapidly; we cannot risk the law not covering against imitations or the exploitation of unique performances,”
says Sara Indrio, chair of the Danish Artists' Union.

The bill is scheduled to be debated in the Folketing on October 22. The Minister of Culture hopes that the new rules can come into effect by the turn of the year.

The Danish Artist Union and the Danish Musicians’ Union are working together in Performex to ensure clear frameworks and fair payment for the digital exploitation of rights by artists, e.g. regarding AI use and the proposed new rules that protect artists’ artistic identity:

Performex is the performers’ own management organization, which enters into comprehensive collective agreements with producers, actors and media outlets.