AI复活“茶界泰斗”为企业代言，是推广茶文化还是侮辱逝者？

Core Viewpoint - The emergence of AI-generated content featuring deceased individuals raises significant ethical and legal questions regarding the use of their likeness and voice for commercial purposes, particularly in the context of promoting products and services [1][2][8]. Group 1: AI and Digital Resurrection - The AI-generated video of Zhang Tianfu, a renowned tea expert who passed away in 2017, sparked public debate about the implications of using AI to recreate deceased individuals for promotional purposes [1][2]. - Zhang Tianfu's son, Zhang Deyou, stated that the use of his father's likeness was authorized through legal means during his lifetime, aiming to promote tea culture [1][3]. - The video was produced by Zhang Tianfu Tea Development Foundation, which is a charitable organization, but the local civil affairs department clarified that the video production was a personal act and not officially sanctioned by the foundation [1][2]. Group 2: Legal Implications of Likeness Rights - Legal experts argue that the rights to a deceased person's likeness do not continue after death, and the authorization given by Zhang Tianfu may not cover AI-generated representations [4][5]. - The Civil Code stipulates that the rights related to a deceased person's name, likeness, and reputation can be protected by their immediate family members, indicating a shared interest among relatives [5][8]. - In cases of disagreement among family members regarding the use of a deceased person's likeness, the law may favor the protection of the deceased's dignity over commercial interests [5][9]. Group 3: Commercial Use and Advertising Law - The use of AI-generated likenesses of deceased individuals in advertising could potentially violate advertising laws, as it may mislead consumers into believing that the deceased endorsed the products [9][10]. - Legal experts emphasize that even if a company holds trademark rights related to a deceased individual, this does not grant them the right to digitally recreate that person's likeness for commercial purposes [9][10]. - There is a call for stricter regulations and clearer guidelines regarding the use of AI-generated content featuring deceased individuals, including the requirement to disclose that the content is AI-generated [9][10]. Group 4: Future Considerations - As AI technology becomes more prevalent, the number of disputes regarding the digital representation of deceased individuals is expected to increase [10][11]. - Legal experts suggest that lawmakers should consider establishing regulations for digital persona inheritance, allowing individuals to specify how their likeness and voice can be used after their death [10][11].