Attacking virtual human: legal risk and Prevention

Shi Yuhang 2022-04-06 07:55:58 阅读数:210

attacking virtual human legal risk

One 、 background

With the increasing improvement of computer software and hardware performance , The simulation degree of virtual human is increasing and the use cost is becoming lower and lower , More and more scenes begin to use virtual people for marketing 、 propaganda 、 show .

For example, Xinhua news agency uses virtual anchor to broadcast news and interview ; Vanke awarded the best newcomer award to virtual employees ; Alibaba uses virtual netred for endorsement Marketing ; And virtual actors like Luo Tianyi often appear at major parties , Have a large number of fans ; Even stars have launched their own virtual human images , Advertising 、 Live delivery .

in addition , Use Unreal Engine or platform tools of companies such as NVIDIA , Make 、 The threshold of using virtual human is further reduced , Make it easier for even ordinary users to create their own virtual human image , Active on the Internet in the form of virtual anchor .

With the rapid development of the whole virtual human industry , Legal risks also follow . In addition to many traditional virtual images, legal problems in the field of intellectual property still exist , Personal information protection accompanied by virtual human 、 Ethics of science and technology 、 The compliance obligations of deep synthesis technology need the attention of the operator of virtual human .

Two 、 The right basis of virtual human : Copyright

Copyright is an enterprise “ Control ” The right basis of virtual human , Therefore, it is also one of the legal issues that need most attention . before , It's been reported in the media B The image of a signed virtual anchor of a station is suspected of plagiarism , Post survey shows , The vertical painted face of the virtual anchor is indeed highly similar to that of another virtual anchor , Relevant vertical drawing images are personal solicitations . The painter also issued an apology statement , Admit that at the time of creation “ Over borrowing ” The eye part of another virtual image .

therefore , When enterprises sign contracts or create virtual people , Every effort should be made to ensure that there are no defects in rights , That is, the virtual personification image should not copy the image of other virtual people or the portrait right of real people .

If the enterprise signs a contract with the virtual human operation organization or entrusts the creation , Then the signing object or painter needs to make a written commitment to the originality of the work , And there is no plagiarism ; If enterprises create virtual people by themselves , You can use “ Clean room development ” The plan , This scheme is usually used to reduce the risk of infringement in software development , That is, according to the copyright law “ originality - expression ” The protection idea of dichotomy , Separate the creative team and design of virtual human image , Ensure that the copyright risk in the development process is minimized .

3、 ... and 、 Data rights and security of virtual human

The biggest difference between virtual human and other traditional virtual images is that virtual human highly depends on cyberspace , Exist in the form of data , Therefore, the data rights and interests of virtual people are almost equal to the personal rights of natural people , It is the legal basis for the existence of virtual human .

But unfortunately ,《 The civil code 》 There is little ink on the protection of data rights and interests in , Only in the second 127 Specified in the article “ The law has no effect on data 、 There are rules for the protection of network virtual property , According to its rules .” and 《 Data security law 》 More principled provisions are made on the data from the perspective of security :“ Any organization 、 Personal data collection , Legal measures should be taken 、 The right way , Do not steal or obtain data in other illegal ways .”( The first 32 strip )

Therefore, the law can only protect all kinds of data, including virtual people, according to legal principles , Lack of specific content regulations for the time being , This direct consequence is that the settlement of relevant disputes needs to be highly dependent on the agreement . For example, a virtual human production software will be in 《 User agreement 》 Users are required to license all virtual human data rights produced by using the software to the software development company free of charge in the form of intellectual property rights :

The operator of the virtual human acts as the data processor , Data protection obligations to be fulfilled :1) Establish and improve the whole process data security management system ;2) Organize and carry out data security education and training ;3) Take corresponding technical measures and other necessary measures , Data security ;4) On the basis of network security level protection system , Fulfill the obligation of data security protection . Besides , In some special situations , The operator of virtual human also needs to pay attention to the legal risk of personality right protection .

Four 、 The right of personality : The personal information behind the virtual human 、 Sound and other

Although the virtual human does not directly have the right of personality , In many scenes, virtual people are not directly played by real people , However, behind the virtual human, the natural person may still provide dynamic capture materials or dubbing , It still involves the protection of personal information and voice .

For motion capture technology , Some actions do have recognizability , Because gait recognition is a mature technology , And national standards 《 Information security technology Gait recognition data security requirements ( Solicitation draft )》 I have solicited public opinions . If it is characterized by specific actions , So we need to pay special attention to the personal information of relevant action capture personnel , Obtain appropriate authorization .

Voice authorization is more complex , If it's direct dubbing , So according to 《 The civil code 》 The voice of a natural person is protected by reference to the portrait , And we also need to consider the recognizability of sound . that , When obtaining authorization , You need to obtain the authorization of two different rights and interests of voice and personal information at the same time .

And in some special situations , Use virtual human to restore the real or deceased natural person , Will face more complex problems , Like football 、 In basketball or other sports games , The restoration of real athletes is one of the important selling points , But how to obtain portrait authorization is extremely difficult . such as EA The football game claimed to pass FIFPro( International Federation of professional football players ) Has obtained the authorization of the player's portrait right , But it will still be questioned. The player has never given FIFPro Provided Authorization . Besides , Simulation of player data in the game , It will also be a highly controversial issue , After all, no player wants to see his low value in the game .

therefore , Although virtual people do not have personality rights , However, the personality rights and interests of the natural person behind the virtual person are still a problem that can not be ignored , It is an unavoidable problem when using virtual mapping reality .

5、 ... and 、 Virtual human and technology ethics

Using virtual human technology to simulate famous people or close relatives who are dead or alive can completely confuse the false with the true , The frequent appearance of virtual human in cyberspace will also change the social relationship between people . In other words , Virtual human because of its high fidelity , Therefore, in many scenarios, there are quite high scientific and technological ethical risks .

2022 year 3 month , General Office of the CPC Central Committee 、 The general office of the State Council officially issued 《 Opinions on strengthening the ethical governance of science and Technology 》, It delineates the road map of scientific and technological ethics governance in China for a period of time in the future . after ,2021 Issued by nine ministries and commissions in 《 Guidance on strengthening the comprehensive management of Internet information service algorithms 》 requirement “ Enterprises should establish an algorithm safety responsibility system and a science and technology ethics review system ”. stay 《 Regulations on the administration of in-depth integration of Internet information services ( Solicitation draft )》 Also required in “ Deep synthesis service providers and deep synthesis service users shall abide by laws and regulations , Respect social morality and ethics , Adhere to the correct political direction 、 Direction of public opinion 、 Value orientation , Promote the in-depth synthesis of services and make them better .”

From the perspective of data security , Virtual human is a business scenario that uses a lot of new technologies , We should pay attention to the compliance requirements of science and Technology Ethics .《 Data security law 》 The first 28 This article specifically stipulates :“ Carry out data processing activities and research and development of new data technology , It should be conducive to promoting economic and social development , Improve people's well-being , In line with social morality and ethics .”

Virtual people operate enterprises as their own research and development 、 The first person responsible for the review of science and technology ethics in the process of operation , It is necessary to embed the compliance of science and technology ethics into the whole process of operation , Usually :1) Establish an ethics committee or a special audit team , Overall responsible for the ethics review of virtual human technology ;2) Formulate the virtual human ethics review management system , Clarify the responsibilities and precautions of each department ;3) Embed ethical review into project initiation 、 Foreign cooperation 、 Customer service 、 Staff training and other work links ;4) wait .

Establish the mechanism of virtual human ethical review within the enterprise , In order to better protect the enterprise in case of disputes , Ensure that the virtual human business can “ many happy returns ”.

6、 ... and 、 Compliance and thinking of virtual human using deep synthesis technology

Deep synthesis technology is one of the most important technical foundations of virtual human , It is precisely because the use of deep synthesis technology improves the degree of virtual human simulation .

2022 year 1 month , State Cyber Information Office released 《 Regulations on the administration of in-depth integration of Internet information services ( Solicitation draft )》, Solicit public opinions on the regulation of deep synthesis technology , The exposure draft lists the following technologies related to virtual human in-depth learning as the scope of regulation :

stay 《 Regulations on the administration of in-depth integration of Internet information services ( Solicitation draft )》 in , It is specially required to provide in-depth synthesis service providers related to virtual humans , The content of in-depth synthetic information should be identified in a significant way , Effectively remind the public of the synthesis of information content ( The first 14 strip ).

In the current version of the exposure draft , China's planning requires deep synthesis service providers to bear some regulatory responsibilities , For deep composite service consumers using their technology or services, through user agreement 、 Manage the platform rules . Under this supervision mode , The deep composite service users are more regarded as individual users ( Such as personal use, face change APP), Seems to ignore the agency 、 Enterprises use virtual human for external operation .

Such a regulatory model may have a direct impact on the legal relationship between the virtual human's operation unit and the R & D unit , Even the ownership of virtual human rights 、 Distribution brings impact . Of course, we also need to wait for the official version of the management regulations , It does not rule out the possibility that the officially implemented version will be greatly revised compared with the current version .


Shi Yuhang , Doctor of law , A practicing lawyer , Registered information security professionals (CISP), Registered information privacy Manager (CIPM)

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