The rapid development of digital technology has brought about tremendous changes in all walks of life. In the fields of audio-visual entertainment, e-commerce, virtual socialization, etc., virtualDigital humansWith its realistic image and intelligent function, it has been widely used. However, precisely because of its innovative and transformative nature, virtualDigital humansinvolvedIntellectual Property ProtectionThe problem became a new challenge. In April 2023, one involved virtualDigital humansInfringement cases in Hangzhou InternetCourtstrial, and has attracted great attention from the industry. Through the trial results of this case, it provides important precedent significance for the trial of similar cases in China in the future.
withArtificial intelligenceThe continuous development of technology, virtualDigital humansAs a new form of image, it has played an increasingly important role in the live broadcast rooms of major e-commerce platforms. theseDigital humansThe image is vivid and vivid, so that the audience has a sense of substitution, and it also has the functions of 24-hour live broadcast and answering customer questions. According to statistics, there are currently more than 50 million virtual on major online platforms in ChinaDigital humans's anchor account, relatedMarket sizeIt has reached more than 10 billion yuan, and the surrounding market has exceeded the order of 100 billion yuan. withMarket sizefurther expansion, related legal disputes also followed.
The case involves:ShanghaiA dispute between Mofa and a network company in Hangzhou. ShanghaiMofa released the virtual in 2019 through a public eventDigital humans"ada"and in October and November of the same year, two paragraphs of ADA were released through an online platform. In July 2022, an Internet company in Hangzhou released two ** pictures containing ADA without authorization. ShanghaiMofa Company believes that the behavior of a certain network company in Hangzhou infringes on their art works and audio-visual worksThe right to disseminate information on the Internet, and infringing on the producer of the video and the performer of the videoThe right to disseminate information on the Internet, and composeFalse propagandaofActs of unfair competition。Therefore,ShanghaiMofa sued a Hangzhou Internet company to Hangzhou InternetCourtsand demanded the elimination of the impact and compensationEconomyThe loss was 500,000 yuan.
During the trial, the parties agreed on the virtual stageDigital humansThe copyright is recognized and used virtuallyDigital humansof ** related legal qualitative issues, human-driven virtualDigital humansand competition in the industry. ShanghaiMofa believes that virtualDigital humansThe production is involvedArtificial intelligenceMany technologies, such as performance animation technology and hyper-realistic character intelligent modeling and binding technology, are works that they have invested a lot of time and energy in, and should be protected by law. A network company in Hangzhou believes that virtualDigital humansThe image is not a work of artShanghaiMofa Company did not have the copyright of the relevant works, and the live actors were not performers, and the plaintiff did not enjoy the performers' rights, so the defendant's actions did not constitute infringement. In addition, a network company in Hangzhou also said that it did not actually make a profit by publishing these **.
After the trial, Hangzhou InternetCourtsThe first-instance judgment constituted a network company in HangzhouCopyright Infringementand unfair competition. CourtsIt is believed that a network company in Hangzhou used and disseminated relevant ** without permission and infringedShanghaiMofa Company's artworks, audio-visual works, video products and performersThe right to disseminate information on the Internet。At the same time, a certain network company in Hangzhou added a trademark logo during the display process, which may have misled consumers' decision-makingFalse propagandaofActs of unfair competition。According to the judgment, a network company in Hangzhou needs to compensate for its actionsEconomyThe loss was 120,000 yuan.
Through this first case of virtualDigital humansIn the trial of infringement cases, we have seen China's efforts in emerging fieldsIntellectual Property Protectionof attention. VirtualDigital humansAs a new art form and commercial application, its relatedIntellectual Property ProtectionThere's still a lot of room to explore paths and protected modes. The trial results of this case provide an important reference and guidance for the trial of similar cases in the future, and also promote ChinaDigital economyhas laid the foundation for high-quality development. At the same time, the verdict has also effectively cracked down on low-quality drainage andFalse propagandaThe chaos of the Internet highlights the InternetCourtsThe rules promote the governance function and benefit the wholeDigital economyand the rule of law in cyberspace. In the virtualDigital humansIn the context of emerging business forms, the exploration and improvement of the protection of related intellectual property rights still need more efforts and research.