As deepfakes become more sophisticated and widespread, countries are grappling with how to regulate the use of AI-generated likenesses. In a recent segment on CBC's The National, titled "How Denmark is trying to stop unauthorized deepfakes," Nelson Godfrey, national leader of Gowling WLG's Trademarks Group, offered insight into the recent move by Denmark to extend copyright protections to an individual's likeness — a step that could reshape how deepfakes are treated under the law. Canada, however, may not be positioned to follow suit under its current framework.

"It is a bit of an odd fit to try and recognize likeness rights under copyright, because traditionally, copyright relates to creations of specific forms of works and really does relate to original works."

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Home to one of the largest and most highly regarded Intellectual Property practices in Canada, Gowling WLG delivers strategic IP advice and protection across all stages of the IP lifecycle. With deep experience in trademark protection, enforcement, and commercialization, our professionals help clients navigate an increasingly complex digital landscape — including the evolving legal implications of emerging technologies like generative AI and deepfakes.