Beyond Related Rights for Deepfakes: Strict Retention of Control, With Fair Remuneration for Limited Exploitation Desire? Empirical Insights from Dutch Music Creators

The growing opportunities and risks associated with deepfake technology have led to legislative proposals following a copyright and related rights approach in countries including the Netherlands and Denmark. First, this article compares the (private member's) bills from both countries. The Dutch approach, which involves a related 'deepfake right' for everyone, is particularly inappropriate, not least given the risks of such a proprietary regime and the adequate existing legal framework for non-artists. Second, based on the results of a recent survey among music creators in the Dutch music sector, the analysis in this article demonstrates that the related rights approach is equally unsuitable for performing artists specifically. Third, alternative solutions are set out to address the legal challenges facing the creative sector with regard to consent and fair remuneration for the use of deepfakes, such as the risk of signing away rights. In particular, residual remuneration rights and unfair contract terms regulation are conceptualised for this context.