As generative AI scales, enterprise clients and creators are increasingly asking tech providers to lift intellectual property, face, and voice guardrails.
But under Danish law, supported by EU law and practice, when does a platform’s passive infrastructure position become a high-risk enabling role?
Let’s break down the standard of reasonable professional care into a risk-based framework:
High Risk (Substantive Review Required): Knowingly disabling guardrails for globally known celebrities, realistic voice cloning, commercial music, or famous film/TV franchises. A basic contractual warranty or clickwrap confirmation is not an absolute legal shield if obvious red flags are present.
Moderate Risk (Formal + Targeted Review): Licensed third-party IP or account-level whitelisting for enterprise clients – e.g. an agency using a licensed cartoon character for campaign drafts. This requires verifying scope, duration, and territory limits to ensure older agreements actually cover synthetic