Defeat new things with new systems? How ordinary people use legal weapons to fight AIGC infringement guide
Written by: Xiao Sa Team
Detonate from Chat GPT AIGC 赛道以来，AI 技术作为一种极为高效好用且低门槛的工具，正在迅速成为大家居家旅行、艺术创作、放松消遣的好途径，甚至 AI 还在一些特殊的领域展现出了令人惊讶的潜力，例如，最近被大家广泛热议的 AIGC 色情化。
The well-known American actress Taylor Swift is not the first victim of AIGC sexualization, but she is the most well-known and influential AIGC infringement case in recent times. According to the US "Capitol Hill" report, pornographic images of Taylor Swift generated by artificial intelligence were maliciously uploaded to a social media recently and spread widely in a short period of time, even leading to an emergency blockade of a certain social platform. Taylor Swift as a keyword search function (now restored).
From Stefanie Sun's AI singing to Taylor Swift's fake photo incident, we can see not only the convenience of AIGC tools, but also how unregulated technology can seriously infringe on citizens' legal rights. So, at a time when AIGC regulatory standards are not yet complete, Sajie’s team will talk to you about the recent personality rights infringement injunction case. As ordinary people, how should we use legal weapons to protect our rights and fight against AI invasion? .
What are personality rights and prohibitions on infringement of personality rights?
There is a popular saying in recent years: "Magic can only be defeated with magic." Objectively speaking, magic does not exist in the law and there should not be magic, but it does not prevent us from keeping up with the times and using the latest legal rules to fight against AI magic. .
The Civil Code was officially implemented on January 1, 2021. As an important institutional innovation, the prohibition on personality rights infringement has entered our field of vision. The so-called prohibition on infringement of personality rights can be found in Article 997 of the Civil Code: "A civil subject has evidence to prove that the actor is committing or is about to commit an illegal act that infringes upon his or her personality rights. If it is not stopped in time, his legitimate rights and interests will be violated." Anyone who suffers irreparable damage has the right to apply to the People's Court in accordance with the law to take measures ordering the perpetrator to stop the relevant behavior."
Everyone is familiar with injunction. This system is a system generally recognized by the laws of various countries. It refers to an injunction that the applicant must timely stop infringement that is being carried out or is about to be carried out, or that is likely to cause infringement, before filing a lawsuit or during litigation. request the court to make an injunction prohibiting or restricting the respondent from engaging in certain conduct. The prohibition system on personality rights stipulated in Article 997 of my country's Civil Code aims to provide more comprehensive protection for personality rights, that is, by establishing an efficient and fast procedural realization mechanism for personality rights claims. Stop infringements of personality rights in a timely manner, provide efficient relief to right holders, and avoid infringements causing irreparable damage to the subjects of personality rights.
So what are our personality rights? In academic language, personality rights refer to inherent civil rights that are exclusively enjoyed by civil subjects, take personality interests as the object, and are necessary to maintain the independent personality of civil subjects. More generally speaking, it is a right protected by law that integrates the different personal interests and elements that constitute our personality. The Civil Code actually stipulates two types of personality rights: one is specific personality rights; the other is general personality rights.
Specific personality rights include natural persons’ rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy and other rights. Including the name rights, reputation rights and honor rights of legal persons and unincorporated organizations.
Of course, there are many types of elements that constitute personality. Of course, there are more than just the above categories. All rights related to our personal independence, personal freedom, and personal dignity can be included in the category of personality rights. Therefore, the Civil Code protects such rights as "general personality rights".
Why do we say that a moral rights injunction can combat AIGC infringement?
After clarifying the connotation of personality rights, the objects protected by personality rights injunctions are also very clear. Then why do we say that personality rights injunctions are a "sharp weapon" for ordinary people to fight against AIGC infringement? The main reasons are as follows.
(1) General personality rights provisions are relatively abstract and broad, and can effectively adapt to AIGC’s endless infringement methods.
How many ways can AIGC infringe? The Sajie team believes that as long as the imagination is broad enough, there are as many ways of AIGC infringement as there are Hamlets. As we all know, the law is lagging behind, and it often cannot adjust its own regulations in line with the development of the social and economic system at the first time. This makes it difficult to find a basis for judgment in some emerging legal issues and cases in the existing legal system, making it difficult for judicial organs to The legal rights of the infringed person cannot be relieved promptly and effectively.
The emergence of the prohibition on infringement of personality rights has made up for some of the disadvantages of legal lag to a certain extent. This involves the protection of abstract personality rights in the Civil Code. As mentioned above, the Civil Code not only protects clear and specific personality rights, but also protects other personality rights related to our personal independence, personal freedom, and personal dignity, but which have not yet been "concretely" stipulated in the law. Needless to say, when it comes to infringing on our specific personality rights, the legal provisions are very clear. However, if AIGC infringes on our other rights, we can claim that the provisions of general personality rights apply and prohibit the infringement. For example, in the case of celebrities such as Stefanie Sun having their voices synthesized by AI to sing songs, the voice right is not a specific personality right, but it is closely related to our personality interests. If this right is infringed, it should fall under the prohibition of personality rights. within the regulated categories.
See the case of Sun Honglei v. Chengdu Sleepshenfei Technology Co., Ltd. and Beijing Sleepshenfei Technology Co., Ltd. on personality rights disputes heard by the Chengdu Internet Court on September 25 this year. The defendants, Chengdu Sleeping God Fei Technology Co., Ltd. and Beijing Sleeping God Fei Technology Co., Ltd., used Sun Honglei’s voice (melon buying stem) to create the mini-game “Watermelon Stall Owner vs. Melon Buyer” without Sun Honglei’s consent. Sun Honglei believes that Chengdu Sleeping God Fei Technology Co., Ltd. and Beijing Sleeping God Fei Technology Co., Ltd. developed the game for profit without his authorization, which infringed on two of his personality rights: (1) Infringed on Sun Honglei’s voice rights ; (2) The game portrays one's own personality elements as a bad guy who fights and causes trouble in society, and his personal dignity is not respected.
The court of first instance held that although the right to voice is not defined as an independent specific personality right in my country’s Civil Code, the right to voice belongs to the general personality rights stipulated in Article 990 of the Civil Code. The voice of a natural person has the function of identifying identity. Referring to the provisions of the Civil Code on portrait rights, using other people's voice information without permission does not fall within the reasonable use of personality rights stipulated in Article 999 of the Civil Code. , which constitutes an infringement of the natural person’s voice rights, and based on this, Sun Honglei was finally judged to win the case. This is the first case involving general personality rights in my country, and it is also a landmark case. Therefore, the abstract provisions of general personality rights can effectively adapt to AIGC's endless infringement methods.
(two)The personality rights injunction procedure is short and fast, and can stop AIGC's infringement in time.
As mentioned earlier, the injunction system for infringement of personality rights is applicable to specific types of cases when personality rights are in imminent danger. The urgency of time itself is one of the conditions for its establishment. Judging from the practice of Sajie’s team, the injunction procedure for personality rights is short. , with the characteristics of fast speed, it can stop AIGC's infringement in time. In other words, if the Taylor Swift incident occurs in China, the injunction against personality rights infringement can function promptly and effectively to prevent further expansion of the infringement.
The legislative language used in Article 997 of the Civil Code is "application" rather than "prosecution", and the "Regulations on Causes of Action for Civil Cases" issued by the Supreme Court also included such cases into non-litigation procedures. , which greatly increases the speed of issuing bans. Although there are currently no clear provisions on how long a personality rights injunction should be issued, in practice the court will refer to the general provisions of non-litigation applications, that is, Article 104, paragraph 2, of the Civil Procedure Law: " After the People's Court accepts the application, it must make a ruling within 48 hours." You can also refer to Article 28 of the Anti-Domestic Violence Law for personalSafetyThe provisions of the time limit for protection orders: “After the people’s court accepts the application, it shall make a personal decision within seventy-two hours.SafetyProtection order or rejection application; if the situation is urgent, it shall be made within 24 hours. ” It can be seen that personality rights injunction is more efficient than ordinary litigation procedures.
write at the end
Of course, as a new system, the prohibition on infringement of personality rights itself is a new system. Although it moves the time point of the protection of personality rights to the prevention stage beforehand, it provides a new way for the all-round protection of personality rights. However, due to reasons such as the lack of current cases and overly general provisions, various problems exist in judicial practice regarding injunctions against personality rights infringement. For example, when Sajie's team handles personality rights cases, judges often have problems with not wanting to use it or being afraid to use it. The reasons are generally twofold: (1) There are other alternative procedures, and it is not appropriate to use personality rights infringement injunctions; (2) This court has no similar cases for reference, and this judge cannot be the first to try something new.
Faced with this situation, Sajie's team recommends entrusting a professional team of lawyers to handle it as soon as possible. Especially when facing AIGC infringement cases, it is necessary to explain clearly the principles and infringement methods of AIGC in a concise and concise manner, and to handle it steadily and accurately. Only by clearly explaining the rights that have been infringed and giving the judge reasons to apply an injunction on personality rights infringement to handle the case can the goal of stopping AIGC infringement be achieved as quickly as possible.
The article comes from the Internet:Defeat new things with new systems? How ordinary people use legal weapons to fight AIGC infringement guide
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