Recently, the Hangzhou Internet Court heard the first infringement case involving "virtual digital people", found that the defendant, an Internet company in Hangzhou, constituted copyright infringement and unfair competition, and decided that it should bear the legal responsibility of eliminating the impact and compensating for losses (including rights protection costs) of 120000 yuan. Mofa Company has comprehensively applied multiple artificial intelligence technologies such as AI performance animation technology, hyper realistic character intelligent modeling and binding technology, intelligent animation and speech synthesis technology, and intelligent interaction technology to create a hyper realistic virtual digital human Ada. In October 2019, Moreva released the virtual digital human Ada through public activities, and in October and November of the same year, it released two videos through the bilibili platform. One was used to introduce the scene application of the virtual digital human Ada, and the other was used to record the motion capture pictures of the real actor Xu and the virtual digital human Ada. In July 2022, an Internet company in Hangzhou released two accused infringing videos through its Tiktok account. The center position of the video is based on the relevant video content released by Mofa Company, and the relevant logo is replaced at the beginning and end of the film, and the marketing information of the virtual digital human course is added to the overall video. One of the videos also added a registered trademark of a network company in Hangzhou, and included other virtual digital person names in the video title. Devil's company sued that the above behavior of an online company in Hangzhou infringed its right to information network communication of art works and audio-visual works, infringed the right to information network communication of video producers and performers in video products, and constituted unfair competition behavior of false publicity. Therefore, it sued to the court and asked an online company in Hangzhou to eliminate the impact and compensate for losses (including rights protection costs) of 500000 yuan. A network company in Hangzhou argues that Mofa does not have relevant rights, its actions do not constitute infringement, and it has not actually profited from publishing the accused infringing video. After the trial by the Hangzhou Internet Court, it was found that the main focus of controversy in the case lies in the determination of virtual digital person copyright and neighboring rights. Does the virtual digital character Ada image and related videos advocated by Mofa Company belong to the object protected by copyright law, and does Mofa Company enjoy the performer's right to the involved video products. Whether copyright infringement and unfair competition are established. Combined with the generation method and technical background of virtual digital human, it is a visual presentation image of virtual characters with appearance, voice and other characteristics and behavior patterns produced by modeling, intelligent synthesis, motion capture and other digital technology means. From the current development situation of the industry, when focusing on the selection of technology paths, common types of virtual digital humans include: real person modeling and real person driving; Real person modeling, algorithm driven; Fictional characters, driven by real people; Fictional characters, algorithm driven. Algorithm driven virtual digital humans, as strong artificial intelligence, are still in the stage of gradual development. Compared to others, human driven virtual digital humans emphasize "human-machine coupling" and are closer to weak artificial intelligence, with a more mature development. As a specific application of artificial intelligence technology and a collective product of multiple technical fields, virtual digital humans themselves run established algorithms, rules, as well as the obtained computing and learning abilities, all reflect the intervention and selection of development designers, and to some extent, are only
Edit：Ying Ying Responsible editor：Zhou Shu
Source：rmfyb.chinacourt.org
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