How to calculate virtual idol infringement?Lawyer interpretation: everyone should bear the corresponding responsibility

On the evening of August 9th, Netease's mobile game "Absolute Express" posted in the social media that the virtual artist of A-Soul, a virtual idol group of Lehua Entertainment, was broadcast on the birthday meeting and jumped without authorization. The dance work "Luoyang Old" cooperated with dancer Tang Shiyi, and said that he reserved the right to investigate the law. On the 10th on the 10th, the number of readings was close to 70 million, and virtual human infringement also triggered a discussion among many netizens. So, as a "unrealistic person", how should virtual idol infringement be calculated?

Virtual idol now infringement storm

Related things have been deleted

The article "Absolute Explanation" states that he has not cooperated with Lehua's virtual artist team A-Soul, nor has it received an authorization application from the virtual idol team. The relevant rights and interests of the dance work "The Old Things of Luoyang" belong to the "Absolute Explanation" game project team, and the current authorization is not open. "Absolute Decision" has a welcome attitude towards non -commercial doujin and secondary creation, but because the other party is not an individual and accepts a reward for business behavior, and does not mention the original author, it is retained to investigate the other party's legal responsibility Rights and interests. In the middle of the night on the 9th, A-Soul officially responded to the incident, saying that related videos have been deleted, criticizing and educating relevant staff, and also apologizing to fans.

Netease's mobile game "Absolute Decision" was released in 2021. It is a development game with the background of the entertainment industry. The girl, together with the characters in the game, improve her acting skills and move forward to the dream of great actors. The video of the dance work "Luoyang Old Things" was released on Station B on December 23, 2021. At present, there are more than 6.28 million playback volume. The plot of the Luoyang Old Things is created by a blueprint, and it is also one of the promotion videos of the game officially downloading the game. What caused controversy was the jump of A-Soul's virtual artist Nai Lin's birthday meeting on August 7. Although the current A-Soul official has deleted this video, many netizens have downloaded and uploaded videos on the Internet. After watching it, the reporter found that the similarity of the two is indeed relatively high. Not only is it similar in action, but also has a strong sense of vision in the mirror of some scenes.

Different opinion of netizens

Lawyer: Virtual idol owners should bear the corresponding responsibilities

This infringement not only triggers the dissatisfaction of fans, but also made people think about what should be seen in the infringement of virtual idols. Some netizens believe that infringement has nothing to do with virtual idols. After all, virtual idols are not real people. In the final analysis, it is a cartoon image that can be moved. The virtual person itself rely on the "people in the middle" (the person behind the virtual anchor) to have rich movements, and behind the virtual idol is operated by the entire team. The infringement of idols should also be equivalent to the infringement of natural persons. There are also many netizens who are aggrieved by Nai Lin, who is scolded innocently being scolded, "Shouldn't this be a problem with Lehua's operation? Why is it still scolding Nailin?" According to Tianyancha It is not a "newcomer". Most of the number of legal lawsuits involved in Beijing Lehua Yuan Entertainment Culture Communication Co., Ltd. are copyright disputes on copyright ownership and infringement disputes, and infringing the information network communication rights. The A-Soul's virtual idol team is definitely a cash cow for Lehua. Judging from the 2021 Lehua prospectus disclosed at the beginning of the year, A-Soul has increased the profit of nearly 20 million yuan to Lehua Entertainment. Disputes, but their influence and gold absorption ability cannot be underestimated.

The virtual idol performance infringement of live -action performance is rare, but with the growth of the virtual human industry, the various copyright issues of its existence will also be exposed. The "Civil Code" stipulates that civil subjects include three categories, natural people, legal persons, and illegal organizations. Civil subjects, also known as "the subject of civil legal relationship", are those who participate in civil legal relations to enjoy their rights and commitments, that is, the parties to civil legal relations. And virtual idols do not belong to civil subjects, nor do they enjoy civil rights or bear civil liability; virtual idols related civil rights and obligations and responsibilities are enjoyed, fulfilled and assumed by the owner or user of the virtual idol. However, virtual idols can be regarded as the object of property rights. The Civil Code not only protects property, but also recognizes the legal status of virtual property, and incorporates virtual property in its protection range. He pointed out that since the responsibility of virtual idols is borne by the owner or user of the virtual idol, then when the virtual idol constitutes civil infringement, the owner of the virtual idol shall be borne. In this incident, the relevant rights and interests of "Luoyang Old Things" belong to the absolute performance of the game project team. Under the circumstances, the virtual idol uses the music and dance action of "Luoyang Old", and has made a profit. For civil infringement, its responsibility shall be borne by the owner of the virtual idol.

Like most emerging industries, the rapid development of virtual or virtual idols has also accompanied many legal issues, and corresponding supervision is constantly exploring and promoting. Zhao Shan Shan said that the National Internet Information Office issued the "Regulations on the Management of Deep Synthetic Synthesis (Draft for Comment)" on January 28, 2022 to explore the management measures for the deep synthesis technology of AI. At present, relevant laws and regulations on virtual idols need to be further improved.

Yangtze Evening News/Zi Niu Journalist Shen Zhao Jiang Tian Sheng

Edit: Qin Xiaoyi

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