Beijing, March 3 (Reporter Yuan Xiuyue) Recently, an Internet celebrity special effects compositor used computer post-production to replace the male protagonist in a popular drama with his own face, which caused heated discussions on the Internet. Among them, the Internet celebrity special effects compositor synthesized a kiss video with the actress, which caused controversy. The special effects compositor said on social platforms that his face was scratched by fans because of the incident and "broken phase".
In recent years, AI has become popular for changing faces, and many application software have appeared, and netizens can change faces with one click and become the "protagonists" of film and television dramas. But in addition to the fun, the legal risks of AI face swapping are also worth paying attention to.
Li Weihua, a partner at Dentons Law Offices, told Chinanews.com that from the perspective of intellectual property rights, acts such as "changing faces" or even replacing the original dialogue have changed the expression content of the original film and television dramas, destroyed the originality and integrity of the original popular film and television drama content, and are suspected of infringing the right of modification or protecting the integrity of the work of the copyright owner of the film and television drama. The act of secondary dissemination of the clips after "changing faces" or "changing words" on the Internet itself also infringes the right of information network dissemination of film and television drama copyright owners.
In addition, Li Weihua said that such behavior may also infringe on the portrait rights of the composited actor. China's Civil Code stipulates that natural persons enjoy the right to portrait, and without the consent of the portrait rights holder, the portrait of the portrait rights holder must not be produced, used or published. In order to attract user traffic or online marketing, the use of actors' portraits to make and synthesize videos without their consent already constitutes the use of others' portraits.
In the above case, the special effects compositor synthesized an intimate video with the actress, which attracted a lot of attention. Some netizens asked, is this behavior considered "air sexual harassment"?
In this regard, Li Weihua believes that whether sexual harassment constitutes sexual harassment should be specifically analyzed, because P-chart actions, scenes, subjective intentions and other differences may affect judgment. In the above cases, the perpetrator itself may not have sexual intentions, but mainly disseminate or market his special effects synthesis technology, and the audience will basically not think that the male Internet celebrity and the actress really have the behavior in the clip through the "face changing" clip. Therefore, from a legal point of view, the above acts may not constitute sexual harassment.
For ordinary people, if they encounter such incidents, they need to be analyzed specifically, but they may be closer to sexual harassment than celebrities. (End)