Chinanews.com, Hangzhou, December 9th (Guo Qiyu) At present, the "AI face changing" software is becoming popular on the Internet. You only need to provide a photo, which can be processed by a deep synthesis algorithm to change the protagonist of the video in seconds, but "face changing" is also Accompanied by legal risks and infringement disputes.
The reporter learned from the Hangzhou Internet Court on the 9th that the court heard a case where an "AI face-changing" app used a deep synthesis algorithm to infringe on other people's portrait rights, and ruled that the app developer apologized and compensated for 5,000 yuan in damages.
The plaintiff, Lou XX, is a domestic model of ancient Hanfu, and often releases photos and videos of ancient Hanfu.
In March of this year, he released a short video on a short video platform with a clear facial makeup, and appeared in Hanfu. The video includes multiple styling clips.
The defendant, a company in Shanghai, is the operator of an "AI face-changing" app, which advertises that "only one photo is needed to immediately become the protagonist of the video" and "just one selfie is needed to immediately change the face".
Users pay a membership fee ranging from 68 yuan to 198 yuan to use all "face-changing" video templates.
Lou Moumou found out that there is a video template of his ancient style in the app.
After the user uploads a personal photo, except for the substantial changes in the facial features, the rest of the content remains consistent with the original video.
Videos generated by the software can also be saved and shared to other platforms.
The court heard the case and held that Lou Moumou had the right to portrait for the portraits of the corresponding images contained in the template video of the elements involved in the case and the replaced video.
Without the consent of Lou Moumou, the defendant company extracted the portrait video involved in the case through technical means, and uploaded it to the App operated by it for users to choose and use. This behavior itself has infringed Lou Moumou's portrait right.
At the same time, the video template involved in the case has been used and collected by users many times. It can be determined that the defendant company used deep synthesis technology to replace the faces provided by other users into the video involved in the case, which can be downloaded, saved, published and shared by users for improper use.
Therefore, the court found that the defendant company constituted an infringement of Lou Moumou's portrait right.
The judge handling the case stated that the Civil Code clearly stipulates that “the right to portrait of others shall not be infringed by means of information technology such as forgery” as a typical form of infringement of the right of portrait.
Technology neutrality does not mean value neutrality, especially the value neutrality of developers and users, nor does it mean that participants in deep synthesis should not be subject to legal regulation and moral ethics.
It is reported that after the conclusion of the case, the Hangzhou Internet Court issued judicial recommendations to the relevant entities, clarifying that the relevant entities must strictly implement the relevant laws, regulations and administrative rules in the in-depth synthesis of Internet information services, safeguard national security and social public interests, protect citizens, Legal interests of legal persons and other organizations.
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