AI facelift is simple and fun, but it may involve infringement

Reporter Rosasha from our newspaperIn recent years, with the continuous development of science and technology, the use of AI technology for deep synthesis of images, videos, and audio has gradually increased. In most cases, netizens can simply submit their own photos on certain platforms that offer "AI face changing" services to replace characters in specific video segments, generate movie and television clips containing themselves, or replace facial images with some celebrities and internet celebrities

Reporter Rosasha from our newspaper

In recent years, with the continuous development of science and technology, the use of AI technology for deep synthesis of images, videos, and audio has gradually increased. In most cases, netizens can simply submit their own photos on certain platforms that offer "AI face changing" services to replace characters in specific video segments, generate movie and television clips containing themselves, or replace facial images with some celebrities and internet celebrities. Little did they know that such behavior may involve infringement. Recently, the People's Court of Jiangbei New Area in Nanjing, Jiangsu Province concluded such a case.

Lin is a blogger of a certain short video platform and has a certain number of fans. He usually posts short videos with his own portrait in Chinese style through his account. In June 2021, Lin posted a short video wearing an ancient Hanfu through his account. Hou Lin found a video element composition template containing external images in the "AI Video Face Changing" WeChat mini program operated by a certain company. He believed that this behavior infringed on his portrait rights and sued the Jiangbei New Area Court, demanding an apology and compensation for the losses.

In the trial, the defendant company argued that the positioning of the mini program was for tool fees, and the video template was uploaded by users themselves and used for free. After investigation, users can upload personal photos through this mini program, replacing the faces in the template with the faces in the photos, forming a new video with different facial features but other content identical to the original video. After paying to become a member of the mini program, users can unlock all video templates and export new videos in high-definition without watermarks. In October 2022, the small program involved in the case was banned and taken off the shelves due to violating platform operation regulations, with a short operating time and a profit of less than ten thousand yuan.

After hearing, the court held that "AI video face changing" is essentially a Human image synthesis technology based on artificial intelligence. In the original video, the plaintiff Lin appeared in an antique makeup and Hanfu costume, and his main identity could be identified through facial features and physical features. In the new video after changing faces, the facial features of the characters have changed, but compared to the original video material, the main system plaintiff corresponding to the body image can still be identified through unmodified clothing, body movements, and corresponding scene details.

Therefore, whether it is the corresponding body image in the original video, or the related video element template and the corresponding body image in the "AI facelift" video, the plaintiff enjoys the right to portrait. The defendant, without the consent of the plaintiff, arbitrarily stored a video containing the plaintiff's portrait in a mini program as a composite video element template for users to choose from. This is an act of using AI information technology to fabricate or forge someone else's portrait, which infringes on the plaintiff's portrait rights and should bear corresponding infringement liability.

Taking into account the duration, scope of influence, and consequences of the defendant's infringement behavior, as well as factors such as the plaintiff's network reputation and commercial value, the court has ruled that the defendant shall make a written apology and compensate the plaintiff for economic losses. After the judgment was made, both parties accepted the verdict and the defendant fulfilled their obligations after the judgment came into effect.

Pan Zhenfei, a judge of Jiangbei New District Court, told the reporter of Legal Daily that a portrait is an external image that can be recognized by a specific natural person reflected on a certain carrier through images, sculptures, paintings and other forms. Recognizability is the core feature of a portrait, and any external image that can be recognized as a specific subject, except for facial images, belongs to the protection scope of the portrait.

AI face changing "reflects a strong ability to deconstruct identity, decomposing individual identity traits, separating facial images, physical features, and even voice intonation, and integrating them with the identity traits of others, thereby reconstructing identity features. This deconstruction behavior undermines the identity between the portrait and the identity subject, and constitutes an infringement of the portrait rights of others.

In this case, in the new video after the face change, although the facial image of the character has changed, the scene details of the original video that has never been modified can still identify the subject of the body image. The body image belongs to the portrait that can be recognized as a specific subject, and Lin also has the right to portrait the body image. According to the provisions of the Civil code, no organization or individual may infringe upon the right of portrait of others by disguising, defacing, or forging by means of information technology. The WeChat mini program involved in the case decomposes the plaintiff's facial image and body image through information technology, allowing the facial image of others to be grafted onto the plaintiff's body image, which constitutes an infringement of the portrait rights corresponding to the plaintiff's body image.

Pan Zhenfei stated that when determining the specific liability, a comprehensive determination should be made based on factors such as the degree of fault of the infringer, the duration, scope and consequences of the infringement, and the impact on the infringee. Given the short operating time of the WeChat mini program involved in the case and its removal from the shelves, and the plaintiff's failure to provide evidence to prove the use data of the video material template involved in the case and the actual damage caused thereby, the defendant was ultimately ordered to make a written apology and compensate the plaintiff for certain economic losses.

The "AI facelift" technology brings a brand new sensory experience to netizens, but it may also cause others to feel uneasy and fearful about the infringement of their portrait rights. Pan Zhenfei reminds that in this case, the defendant used AI information technology to transfer the facial image of others to the plaintiff's physical image for the purpose of profit. This infringement behavior is enough to inevitably cause the plaintiff to feel panic and anxiety, causing mental damage. Without authorization, changing someone's AI face without authorization is suspected of infringing on their portrait rights; If it leads to a decrease in their social evaluation, it is suspected of infringing on their right to reputation; If a segment of a certain film and television work is used, it is suspected of infringing the copyright of the work. If you use this person's portrait to create obscene videos for sale or engage in face changing scams, you will bear criminal responsibility.

Comics/Gao Yue

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