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李小龙等已故名人遭Sora 2“复活”引争议,这涉及哪些法律风险?
Xin Lang Cai Jing·2025-10-10 02:14

Core Viewpoint - The emergence of AI technologies, such as Sora 2, which generates videos featuring deceased celebrities, raises significant ethical and legal concerns regarding the unauthorized use of likenesses and personal data of the deceased [3][12]. Group 1: Invasion of Personality Rights - The unauthorized use of deceased individuals' likenesses for commercial purposes constitutes a clear violation of personality rights, as their images are protected by law even after death [4]. - The generated content often distorts the public image of the deceased, leading to potential claims for emotional damages from their relatives due to the infringement of dignity and respect [5]. Group 2: Data Compliance Issues - The creation of "resurrected" videos relies on the illegal use of deceased individuals' biometric data, such as facial features and voice patterns, without the consent of their heirs, violating personal information protection laws [6]. - The lack of proper oversight by technology companies regarding the legality of training data used for AI models raises concerns about shared liability for infringements [8]. Group 3: Copyright Infringement Risks - The original materials used to create the videos, such as film clips and recordings, are often still under copyright protection, and their unauthorized use constitutes a derivative work violation [8]. - If technology providers fail to implement effective copyright filtering mechanisms, they may face indirect infringement liabilities, especially if they are aware of the infringing content [9]. Group 4: Legal Outcomes and Family Rights - Legal precedents suggest that families of deceased celebrities have a high probability of winning lawsuits against companies like OpenAI for unauthorized use of likenesses and personal data [10]. - The potential defenses that OpenAI might raise, such as the "historical figure exception," lack legal grounding and may not withstand scrutiny in light of existing laws protecting personality rights [11]. Conclusion - The controversy surrounding Sora 2 highlights the clash between technological advancements and ethical/legal boundaries, emphasizing the need for updated regulations to protect the dignity of the deceased [12].