AI Face Swap Short Drama Infringes Actor's Portrait Rights: Beijing Internet Court Rules Producers and Broadcasters Liable
Beijing Internet Court recently announced a portrait rights dispute case involving an AI face swap short drama. A well-known actor found that Company A used AI face swap technology to generate an image highly similar to him in its short drama, and Company B's account launched the drama, leading the public to mistakenly believe he participated in the show.
The court ruled Company A infringed the actor's portrait rights by using deep synthesis technology without authorization, and Company B was liable for failing to fulfill reasonable review obligations. The court stated portrait recognizability does not require complete consistency; if the public can recognize it, it constitutes infringement. Company A could not reproduce the face swap process, so its evidence was not accepted. The final judgment ordered both parties to publicly apologize and compensate for economic losses, with the first instance ruling taking effect. Judges reminded practitioners in new industries to use new technologies within legal boundaries and not infringe on others' rights in the name of 'technical coincidence'.
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