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In recent years, with the rapid development of artificial intelligence deep synthesis technology, application software such as "face change" and "makeup change" have risen widely and are loved by many young people. This kind of software only needs to upload a photo of a person, and you can synthesize the person in the photo into a template, change your face and makeup with one click, and become the protagonist of the video in seconds.
However, this kind of popular "face-swapping" software also has potential infringement risks. In June this year, the Beijing Internet Court pronounced judgments on two cases of "AI face-swapping" software infringement in the first instance.
Ms. Liao and Ms. Wu are both national style short video models, and often post various styles of national style short video works through social platforms, and have many fans on the Internet. However, the two stumbled upon that many of their short video works appeared in a "face swapping" software.
Ms. Liao and Ms. Wu also noticed that the "face swap" software almost copied their short videos, but the faces of both people in the software template were replaced with others through AI deep synthesis technology.
Ms. Liao and Ms. Wu respectively sued the technology company that operated the software to the court, demanding an apology and compensation for moral and financial damages. On June 20, 2024, the Beijing Internet Court conducted a joint trial and pronounced judgments on the two infringement cases involving AI face-swapping software.
The court held that the defendant technology company did not submit evidence to prove the source of its template video, and combined with the consistent characteristics of the makeup, hairstyle, costumes, movements, lighting and camera switching of the characters in the template video and the plaintiff's video, it could be determined that the defendant used the video of the plaintiff's appearance, replaced it with another person's face through deep synthesis technology, and then uploaded it to the software involved in the case as a template for users to use.
In this case, the plaintiff's face in the video has been replaced, and what the public can directly identify through the video of the face swap template involved in the case is actually the character in the template rather than the plaintiff.
Sun Mingxi, full-time member of the adjudication committee of the Beijing Internet Court: Although it does not constitute the use of the plaintiff's own portrait, it constitutes the illegal processing of the plaintiff's personal information, and should also bear corresponding responsibility.
The court held that the defendant's acquisition of the video containing the plaintiff's facial information, the analysis and modification of the video containing the plaintiff's facial information by using the emerging technology of deep synthesis, and the commercial use of it may have a significant impact on the plaintiff's personal rights and interests, and the plaintiff's consent should be obtained in accordance with the law. The defendant technology company had no evidence to prove that it had obtained the plaintiff's consent, which constituted an infringement of the plaintiff's rights and interests in personal information. On June 20, 2024, the Beijing Internet Court issued a first-instance judgment in both cases.
Presiding Judge Sun Mingxi: The defendant Science and Technology Culture Co., Ltd. apologizes to the plaintiff in writing within 7 days of the effective date of this judgment. Compensation of 500 yuan for moral damages. Compensate the plaintiff Ms. Liao for property losses of 1,500 yuan and Ms. Wu for economic losses of 1,000 yuan.
With the rapid development of artificial intelligence deep synthesis technology, application software such as "face swapping" and "makeup changing" are constantly emerging, and the risk of infringement of the personality rights and interests of natural persons in the application of such artificial intelligence technologies has also attracted increasing attention. The judge suggested that the relevant application platforms should better improve the content procurement mechanism, regulate the use of artificial intelligence technology, ensure that the content used has obtained legal authorization, and create a good industry ecology.
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Editor: Zhang Jingye