text/Chen Haoxing
"AI Resurrection" customized video seems to be becoming a profitable business.
's so-called "AI resurrection" refers to the use of artificial intelligence technology to input text descriptions, pictures, videos and sound data of deceased relatives into an AI algorithm model, thereby simulating and generating a digital image that possesses the deceased's personality, memory, images, videos and sound.
But invisibly, AI has once again crossed the boundaries of human ethics and morality, hurting the emotions of some people.
Many celebrity family members have issued articles boycotting "AI resurrection"
Recently, topics such as "Netizens use AI to resurrect Coco Lee", "Family members respond to bloggers using AI to resurrect Gao Yixiang", "Father hopes that AI resurrects Qiao Renliang's video will be removed from the shelves as soon as possible" have been on the hot search list .
However, many family members of deceased celebrities do not support this approach of fans, believing that this is rubbing salt into their wounds.
Godfrey Gao’s family and Qiao Renliang’s father have made it clear that they do not want the portraits of their deceased relatives to be used arbitrarily by others.
Jiang Ge’s mother also expressed her views on “AI resurrecting relatives”. She said: “I don’t accept the use of AI to resurrect relatives! Why should we (my daughter Jiang Ge and I) decide for us!”
“AI Resurrection” After Being Resisted , the question of whether it is an infringement has also attracted considerable attention.
According to Article 994 of the Civil Code of the People's Republic of China: "If the name, portrait, reputation, honor, privacy, remains, etc. of the deceased are infringed upon, his spouse, children, and parents have the right to request the perpetrator in accordance with the law. Bear civil liability; if the deceased has no spouse or children and his parents are dead, other close relatives have the right to request the perpetrator to bear civil liability in accordance with the law."
According to He Zhijuan, a lawyer at Beijing Handing United Law Firm, this provision means Although the deceased does not directly enjoy civil rights, his name, portrait, privacy, etc. are still protected by law. Video producers who use AI technology to simulate the deceased without the permission of the deceased's next of kin may bear legal liability.
He Zhijuan further stated that the key to whether "AI resurrection" is legal or not is whether it has been authorized by close relatives. If the resurrected object has a special identity, authorization from the relevant agency must be obtained. Special attention should be paid to the fact that if it is a group with a certain degree of popularity such as celebrities or artists, close relatives should determine the scope of authorization, usage method, license period, usage specifications, etc. when authorizing, and agree on fair and reasonable liability for breach of contract to avoid unnecessary legal disputes.
Why can the "AI resurrection" business become a business?
The reason why the "AI resurrection" business has become a business is that it itself is a special industry that seeks markets from demand. Themes related to "AI resurrection" have also appeared in many popular film and television works.
For example, in an episode of the second season of the sci-fi suspense British drama "Black Mirror", the heroine used the large amount of data left on social networks by her boyfriend who died accidentally to reshape an AI that simulated her boyfriend's personality.
Coincidentally, in the domestic movie "The Wandering Earth 2", scientist Tu Hengyu used a quantum computer to "resurrect" his daughter Yaya who died in a car accident and gave her digital life.
On e-commerce platforms, some merchants have launched AI "resurrection" services for loved ones. So far, some merchants have sold more than 800 orders.
However, in the "AI resurrection" technology, there have been some cases where family members allowed it. For example, the "Qian Xuesen Digital Human" that has become popular on social media recently is an "AI virtual human" produced by the United Vision Company of the University of Science and Technology of China with the approval of Qian Xuesen's family and the Qian Xuesen Management Committee. After the project was released, it received nearly 200,000 likes. , received a lot of praise and attracted widespread attention.
It is not difficult to see that on the premise of fully respecting the wishes of the family members, the "AI resurrection" technology can also be accepted and supported, bringing new experience scenarios to people.
It is reported that some AI digital companies are also currently taking the initiative to restrict their own behavior. Li Di, CEO of Xiaobing Company, which has made remarkable achievements in the field of virtual digital humans, also recently stated that their AI technology may have opened "Pandora's Box."
As one of the first company decision-makers to develop "AI resurrection" technology, Li Di does not believe that their technology is a "necessary option" for social development, and even needs to worry about the risk of its abuse.
Due to the high ethical threshold of AI digital humans, the Xiaobing team has internally launched the ethical principles for reviving AI technology, also known as the "Three Black Mirror Principles".
The Three Black Mirror Principles formulated by the Xiaobing team
Li Di pointed out that although more data can make "AI resurrection" more real, it also increases the risk of data being abused, such as hacker attacks or fraud. The risk of abuse may increase and may Resulting in personal privacy data and money being extorted. Therefore, Li Di believes that once AI is abused, it may cause "huge damage" to data.
privately carried out "AI resurrection", how can the family protect their rights?
When the "AI resurrection" business is in full swing, it seems that there is still a long way to go before it can become a completely legal business.
Meng Guangyuan, senior partner of Heilongjiang Meng Fanxu Law Firm, said in an interview with China News Service Guoshi Express that as an emerging thing, "AI resurrection" can currently carry out commercial activities, but it must be judged according to the specific content of the commercial activities. is it legal. The video content of "AI Resurrection" should respect social morality, ethics and morals, and should not contain content that violates social order and good customs.
At the same time, when a family member's voice, appearance, and appearance are privately "AI resurrected" by strangers, the family members will suffer secondary harm after the death of their loved ones. In this case, it is crucial to know how to defend your rights.
Many legal experts said that if it is just a general video infringement, you can first contact the relevant platform or individual who posted the video and ask them to delete the video; if the platform or individual still continues the infringement, you can contact the location where the infringement occurred and the defendant's residence. File a lawsuit in the local court.
Meng Guangyuan added that according to the "notice and take down" rule of Article 1195 of the Civil Code, the family members of the deceased can provide preliminary evidence of infringement (such as video links), family members of the deceased to the online service platform The real identity information and proof of kinship with the deceased are required, and the network service platform is required to take necessary measures such as removing the video.
It is true that some video authors commemorate the deceased, but there are also some who "consume" the deceased in the name of commemorating the deceased to gain traffic.
He Zhijuan reminded that if the "AI Resurrection" video seriously insults the deceased, it may also violate the criminal law and constitute the crime of insult.
For example, in the case of Jiang Ge’s mother suing Sina Weibo account “posh-bin”, Sina Weibo netizen Tan has published a series of articles related to Jiang Ge’s case through his Sina Weibo account “posh-bin” since 2018. and comics, and even attached Jiang Ge’s portrait at the end of each of the following articles, and was subsequently sued by Jiang Ge’s mother.
After trial, the Putuo District People's Court of Shanghai held that the defendant Tan blatantly derogated the personality of others and destroyed their reputation through Weibo, through comics and text, and the circumstances were serious. Shanghai Putuo Court sentenced Tan to one year in prison for insult and nine months in prison for defamation, and decided to execute the one-year and six-month sentence.
Many legal experts pointed out that society should remain vigilant about behaviors that use it to gain traffic and possibly insult the deceased in the name of commemorating the deceased. At the same time, the law should severely crack down on such behavior, and appropriately fill and improve the regulatory gaps for emerging technologies to further protect the legitimate rights and interests of the deceased and their families.
Source: Guoshi Express
Editor: Gao Yantang
Editor: Wei Xi
