Case Description

Xiao Wang is an internet celebrity who loves ancient Hanfu and often posts photos and videos of it on a certain video website. He has numerous fans and has a considerable reputation both inside and outside the industry.

Company A is the operating entity of an "AI facelift" app. After becoming a member by paying a certain membership fee, users can upload photos and replace the video characters in the app with their own faces. Except for substantial changes in facial features, the rest of the content is completely consistent with the original video. Users can instantly transform into various images, whether fat or thin, and can save and share their different images on other online platforms or on social media.

In a certain month of 2022, Xiao Wang discovered that the "AI Face Changing" app operated by Company A had its own antique style video posted on the online platform as a template for users to use for face changing.

Xiao Wang believes that Company A, without his consent, used his video as a video template for users to perform "AI facelift", seriously infringing on his portrait rights. Therefore, he sued Company A in court, demanding an apology, publishing an apology statement, and compensating for the losses.

Company A argues that the videos posted by Xiao Wang on public networks are not confidential and can be reposted by any third party. Company A only provides users with technical services, allowing users to choose their own character images on the app. After changing faces, Xiao Wang's face did not appear on the internet, and there was no infringement of his portrait rights.

Lawyer Analysis

After trial, the court held that according to Article 1018 of the Civil Code, "Portrait is an external image of a specific natural person reflected on a certain carrier through images, sculptures, paintings, and other means that can be recognized

Therefore, a portrait does not only refer to the facial features of a person, such as the face, silhouette, body movements, etc. wearing a mask. As long as a specific natural person can be identified, it belongs to the scope of portrait rights protection.

The Civil Code specifies specific actions that infringe on the right to portrait, including defamation, defacing, or using information technology to forge others' portrait rights without the consent of the portrait owner, such as "AI face changing". Defendant Company A, without the authorization and consent of Xiao Wang, used videos containing Xiao Wang's portrait for profit, which has infringed on Xiao Wang's portrait rights.

In addition to infringing on Xiao Wang's portrait rights, Company A:

1. Suspected of copyright infringement

Whether it is the operator of the "facelift" app or an ordinary user, providing images or videos as templates to users or providing facelift works to the public through the internet without authorization and permission from the copyright owner of photos, movies, short videos, and other works may infringe on the copyright owner's right to information dissemination through the internet.

2. Suspected of infringement of reputation rights

If someone maliciously vilifies others through "AI face changing" or spreads the changed images, text, or videos through the internet, causing damage to their social evaluation, it may infringe on their reputation.