**Creating virtual people cannot infringe on the reputation of real people**
At the beginning of the year, a certain satellite TV used the holographic projection technology to “resurrection” the singer Teresa Teng and Zhou Shen to complete the chorus together in the New Year’s Eve party held by a certain satellite TV, and realized the cooperation between the two singers across time and space through technological means. I can’t help but feel that technology has brought great changes to the entertainment industry.
Are avatars human? The answer is obvious, virtual people are not people. However, the author believes that creating virtual people based on real people to perform performances and participate in commercial activities will inevitably involve the portrait rights of real people, and there are places that require special attention in the law.
Virtual people based on real people still retain the portrait characteristics of real people and are recognizable. The Civil Code clearly stipulates that the use of a portrait of a natural person should first obtain the consent of the person with the right to the portrait. Article 1019 of the Civil Code stipulates that no organization or individual may infringe on the portrait rights of others by smearing, defacing, or using information technology means to forge. Regarding the use of portraits of deceased real people, on the premise of not maliciously slandering and insulting, is it in line with the law to positively use the portraits of the deceased for commercial purposes, and is not subject to any restrictions? Combined with judicial practice, the answer is no. If the portrait of the deceased is used for commercial purposes for the purpose of profit, it is more likely to be regarded as a tort that infringes on the emotions and rights of the relatives of the deceased, and corresponding tort liability should be assumed. Therefore, if they can communicate and negotiate with their close relatives such as their spouses and children before using them, sign relevant confirmation documents, confirm that their close relatives agree to use, and clearly agree on the method, scope and time of the portrait to be used, it will undoubtedly greatly reduce infringement. risk.
In addition, to create a virtual person not only needs to use the portrait of the real person, but also may need to combine the voice characteristics of the real person through technical means, synthesize the voice of the virtual person, and give the virtual person a name related to the real person. Therefore, when obtaining the authorization of portrait rights, the authorization rights of name and voice should be included.
A virtual person is an individual image created on the basis of a real person and has a direct connection with the real person. If the virtual person is arranged to perform some performances and speeches that violate public order and good customs, insinuate, and may lower the social evaluation of the real person, it may be suspected of infringing the reputation of the real person, and there is a certain legal risk.
Under the concept of “metaverse”, various innovative business models will inevitably lead to the filling of gaps in the law and the adjustment of existing regulations. However, laws and regulations naturally have a “lag”. In the case of the rapid development of new things and the failure of the law to follow up in time, the creation of virtual people shall not infringe the reputation rights of real people, and to perform necessary, feasible and appropriate authorization links is the only way to create virtual people based on real people. premise. (author Xiao Qunhao Tianxin and partner of law firm)
http://www.legaldaily.com.cn/index/content/2022-02/21/content_8676513.htm