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汉服模特遭AI换脸侵权,南京法院的裁判因示范价值入选中国法院案例库
Yang Zi Wan Bao Wang· 2025-11-19 14:18
Core Viewpoint - The case involving Song, a Hanfu model and photographer, highlights the legal implications of AI technology in copyright disputes, particularly regarding unauthorized use of original works in AI face-swapping applications [1][2]. Group 1: Case Details - The short video in question was a collaboration between Song and Zhao, with Zhao appearing in the video and Song handling the filming and editing. Zhao published the video on his personal Douyin account, crediting Song [1]. - A technology company operated an "AI Face-Swapping" WeChat mini-program that allowed users to upload videos of celebrities and use them as templates for face-swapping, charging users a fee for membership [1]. - Song claimed that the technology company uploaded his original work without authorization, infringing on his rights to information network dissemination and attribution, leading to a lawsuit [1]. Group 2: Court Ruling - The Nanjing Jiangbei New District Court ruled that the short video demonstrated Song's unique arrangement and originality, qualifying it for copyright protection as an audiovisual work [2]. - The court found insufficient evidence to prove that the infringing video was uploaded by users, emphasizing the company's responsibility to conduct necessary reviews of user-uploaded content [2]. - The court ordered the defendant to compensate Song for economic losses amounting to 3,000 yuan, and the appellate court upheld this ruling [2]. Group 3: Legal Implications - The presiding judge noted that AI technology, while neutral, poses new challenges to privacy and personality rights, necessitating legal regulation to prevent misuse [3]. - Platforms must obtain copyright licenses for materials uploaded by users and are required to exercise due diligence in reviewing user-generated content [3]. - The case underscores the need for companies utilizing new technologies to adhere to industry governance standards and manage the risks associated with copyright and personal information [3].