【 Case 】 Currently, the popular "AI face changing" (AI: Artificial Intelligence) technology on short video platforms has brought fresh experiences to the public. The plaintiff, Lin, is a internet celebrity on a short video platform. One day, he released a video of himself wearing an antique Hanfu and wearing complete antique makeup. Afterwards, Lin discovered a video element synthesis template containing the external image of the short video in a WeChat mini program operated by a defendant company in Nanjing. After becoming a member of the mini program for no specific user payment, Lin's face in the video template can be replaced to form an "AI facelift" video with different facial features but other content identical to the original video. Lin believes that the defendant's behavior infringes on their portrait rights and requests the court to order the defendant to apologize and compensate for the losses. The court believes that the defendant's actions have infringed on the plaintiff's portrait rights and should bear corresponding tort liability. Taking into account the duration, scope of impact, and consequences of the defendant's infringement behavior, and taking into account the plaintiff's network reputation and commercial value, the court ruled that the defendant should make a written apology and compensate the plaintiff for economic losses. According to the Civil Code of China, natural persons have the right to a portrait and have the right to make, use, publicly disclose, or permit others to use their own portrait in accordance with the law. Portrait is an external image that can be recognized by a specific natural person reflected on a certain carrier through images, sculptures, paintings, and other means. After trial, the court held that the core of the portrait lies in its recognizability and must have sufficient directionality. By comparing the short video materials released by the plaintiff and combining the unmodified decorative attire, body movements, and scene details in the "AI Face Changing" video, it can be identified that the subject corresponding to the body image in the video is the plaintiff, so the plaintiff has the right to portrait the body image. The defendant, without the consent of the plaintiff, arbitrarily stored a video containing the plaintiff's portrait in the "AI Video Face Changing" WeChat mini program as a video element synthesis template for unspecified users to choose from. This is an act of using AI information technology to fabricate or forge someone else's portrait, which infringes on the plaintiff's portrait rights and should bear corresponding infringement liability. (Case source: Supreme People's Court, organized by journalist Wei Zhezhe) (Xinhua News Agency)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：people.cn
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