Use virtuality. Corporate Compliance Engineer Information: Digital people should have compliance thinking.
With the gradual approach of the Web 3.0 era and the rapid iteration of artificial intelligence and CG modeling technology, virtual digital humans have gradually developed from completely original virtual images to models and shapes based on real motion capture, and have created amazing value in many fields such as audio-visual, entertainment, e-commerce advertising and virtual social networking. However, with the prominence of the commercial value of the metaverse industry, related legal disputes have also followed.
From the external image, virtual digital humans are related to artistic works in the Copyright Law and portrait rights in the Civil Code. One of the characteristics of virtual digital humans is to simulate the image of people in all aspects, including but not limited to portraits, expressions, decorations and even business. If the character is a new design, the virtual digital person may constitute a work of art and be protected by copyright law.
If the persona is based on a digital avatar modeled by a specific natural person, then the virtual digital person involves the use of the portrait of a real person and requires the permission of the portrait rights holder.
From the perspective of content use, the performance of virtual digital humans extensively involves the copyrights and neighboring rights of the content being performed, and the act of using AI singers to cover on the Internet platform includes the information network dissemination of songwriters' musical works, sound recording producers, and sound recordings, and should obtain the authorization of relevant rights holders in advance. If virtual digital humans also participate in video recordings and include performances such as dance and recitation, then there will be not only performances and information network dissemination of protected objects such as dance works and written works, but also the performers' rights enjoyed by real actors participating in motion capture.
The prosperity of the metaverse industry needs to be premised on the compliant exercise of rights, and for these protected objects and rights, relevant entities should clearly analyze the ownership of rights in the two links of production and dissemination.
Since virtual digital humans involve multiple rights in the Copyright Law and the Civil Code, users should also identify the subjects of different rights in order to avoid the risk of infringement.
