In a landmark decision on Thursday, a Beijing court penalized an artificial intelligence (AI) face-swapping service provider for unauthorized use of two female models' images, marking the city's first judgment involving AI face-swapping software infringements. The operator was fined 3,500 yuan ($482) and ordered to cease the infringement while offering apologies to the affected individuals.
According to Judge Sun Mingxi of the Beijing Internet Court, the two plaintiffs, both well-known for their portrayal of ancient Chinese styles in video content, discovered that their work had been exploited by the AI app without consent. Used as face-swapping templates, these images were made available for a fee to users. Both models alleged violations of their portrait rights and personal data, demanding an apology and compensation from the Beijing-based tech company responsible for the app.
To optimize judicial efficiency and minimize legal costs, the court consolidated the two lawsuits into a single trial due to the similarities in claims and the common defendant. During the proceedings, the plaintiffs presented their widely circulated online photos and videos, featuring traditional Chinese attire, hairstyles, and makeup typical of ancient times. They also showcased the app's templates, which mirrored their outfits and hairstyles but utilized AI to remove their faces, allowing users to substitute their own images.
"The app secretly employed videos featuring my clients' portraits to create face-swapping templates, even charging others for using the service, thus harming my clients' personal rights and interests," stated the lawyer representing the two women.
In response, the app operator claimed that the videos sourced for face-swapping were legally obtained and did not depict the plaintiffs, failing, however, to furnish any corroborating evidence to the court. After a thorough comparison of the app's templates and the plaintiffs' videos, the court found that the makeup, hairstyles, clothing, actions, lighting, and camera angles in the templates matched those in the original clips.
Judge Sun clarified that while the app did not violate the plaintiffs' portrait rights, as it had removed rather than distorted, defamed, or forged their facial features, the defendant had unlawfully collected and used videos containing the facial content of the two women, thereby infringing on their personal data. Consequently, the court imposed a fine, allocating 2,500 yuan to compensate for economic losses and 1,000 yuan for emotional distress.
Reflecting on the case, Judge Sun noted its novelty within the realm of AI litigation and expressed hope that the verdict would contribute to regulating the application of emerging technologies and foster the healthy growth of the digital economy.
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