Are there many "celebrity faces" in the live broadcast room? Be careful, it’s AI face-changing

This article is reproduced from [Voice of China, China Central Radio and Television];

"Face-changing" is realized through artificial intelligence technology, which has developed to the point where the video picture can be dynamically modified in real time during the live broadcast. Recently, some tutorials claim that you can use some related software to replace your own face with the face of a celebrity artist to improve the effect of live streaming. This practice may be suspected of infringing on the artist's right to portrait and reputation, and use for commercial purposes may also be suspected of false publicity, legal experts remind.

“AI face-changing star live broadcast to bring goods” tutorial is popular

Lawyer: Possibly suspected of infringement and false publicity

The reporter browsed relevant AI face-changing live broadcast tutorials online and found that these tutorials were disseminated through videos, articles, etc., and provided download channels for face-changing live broadcast tools. Some require payment, and some can be obtained through likes, follows, and comments.

The person who posted the tutorial claimed that real-time face changing software can help users easily change their faces and create special effects live broadcast rooms, which can greatly help attract traffic and promote sales. They also said that there are many models to choose from, which are named after Chinese and foreign stars, film and television characters or political and business celebrities.

In a video showing the live broadcast effect of face-swapping, after the user loads a model named "Jackie Chan" into the relevant software, the person in front of the camera has facial features similar to Jackie Chan in the live broadcast screen, but the face shape is the same as Jackie Chan's. The hairstyle remains the same. The reporter found that when the user tilted his head or changed his expression, the facial features moved naturally and smoothly. Only when the palm passed across the face, there were obvious flaws.

Lawyer Yue Qishan, senior partner of Beijing Yue Cheng Law Firm, said face-changing live broadcasts are used for public dissemination and may be suspected of infringing on the portrait rights of relevant celebrities and artists. If it involves commercial activities such as live streaming, it will become an aggravating circumstance.

Yue Qishan: As long as one's own face is replaced by a celebrity's face through technical means during the live broadcast without the consent of the portrait rights holder, this is an infringement of the celebrity's portrait. The consequences may vary depending on the situation. Even if it is just entertainment and does not involve profit-making activities, it is still an infringement. When celebrity portraits are used for live broadcasts to promote goods, this is considered a commercial practice and the amount of compensation will certainly be taken into consideration. If the degree of subjective malignancy and fault is higher, and a profit is made, the amount of compensation may be larger.

Ms. Yuan, who is engaged in publicity work in a well-known artist studio, said she is worried that related technologies will be used to promote fake and shoddy products, harming the rights and interests of consumers and affecting the image of artists.

Ms. Yuan thinks that if you don't pay attention to the distinction, it is easy to mistake him for a real star, which makes her feel quite scary. If the items they buy are wrong when they get them back, or there are some more serious problems, consumers will feel like, 'I bought this thing looking at so-and-so's face', or 'I bought into someone else's face'. I bought it at the live broadcast room'.

How to strengthen supervision of AI face-changing technology?

Lawyer: It is recommended that platforms proactively identify relevant content

The reporter noticed that some live broadcasts using face-changing technology will not directly mention the names of relevant celebrities and artists, but they will not actively declare or deny it. Lawyer Yue believes that this behavior is suspected of fraud or false publicity, making the public mistakenly think that celebrities are bringing goods. If the quality of the goods itself is not good, or the anchor’s words or actions during the delivery process cause the public to have a negative evaluation of the celebrity whose face has been changed, the celebrity can claim liability for infringement of reputation rights.

Yue Qishan: This kind of portrait infringement is a matter for the portrait right holder to claim civil liability from the judicial authorities. If there is false advertising and unfair competition, the market regulatory authorities will impose administrative penalties.

As an artist publicity staff member, Ms. Yuan believes that the cost of collecting evidence of relevant behaviors and safeguarding rights and interests is quite expensive. The use of facial features of celebrity artists, whether or not they are named, will have an impact on copyright infringement. For some users, a line of small text may not necessarily serve as a reminder.

Ms. Yuan: In fact, the cost of safeguarding rights is very high, and the effect may not be that good. It is often difficult to find the person who infringes the rights. If the celebrity artist I manage encounters this situation, we cannot send legal letters every day.

Recently, some platforms and companies have issued "Platform Specifications and Industry Initiatives on Artificial Intelligence Generated Content", which clearly prohibits the use of generative artificial intelligence technology to create and publish infringing content, including but not limited to portrait rights, intellectual property rights, etc. , once discovered, the platform will be severely punished; it also puts forward requirements such as "Publishers should prominently mark content generated by artificial intelligence to help other users distinguish virtuality from reality" and "Publishers must be responsible for the corresponding consequences of content generated by artificial intelligence."

Lawyer Yue suggested that platforms can more proactively identify relevant content and label it to limit infringement.

Yue Qishan suggested that platforms should monitor the use of technical means to change facial features or perform celebrity face swaps. Platforms have the responsibility to take restrictive measures to stop alleged infringements.

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