China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Renders its First Court Judgment on Digital Human Infringement

Mon, 26 Jun 2023
Categories: China Legal Trends

In April 2023, China’s Hangzhou Internet Court found that it was an infringement of the Digital Human's creator's copyright to publish a video containing the Digital Human's image without the creator's permission.

In this case, the Mofa Information Technology Co. Ltd. (“Mofa”) used artificial intelligence technology to create Ada, a hyper-realistic virtual digital human.

In October and November 2019, Mofa released two videos about the digital human on a video platform .

In July 2022, a company based in Hangzhou (the “Hangzhou Company”) posted the above two videos on its TikTok account to market its own products.

Mofa sued the Hangzhou Company in the Hangzhou Internet Court. It argued that the Hangzhou Company had infringed its right of communication of information on network of art works and audiovisual works, and infringed the right of communication of information on network of video producers and performers in video productions, and constituted unfair competition by false advertising.

The Hangzhou Internet Court held that:

  1. Digital human is, to some extent, only a tool for authors to create and has no authorship. Digital human is not a performer and does not enjoy performer’s rights. Under the current copyright law, Digital human does not enjoy copyright and neighbouring rights.
  2. Digital human is an art work. The videos using Digital human Ada’s image are audiovisual works and video recordings respectively. Mofa, as its creator, enjoys property rights and video producers’ rights in the said works.
  3. The Hangzhou Company’s publication of the videos produced by Mofa infringes the right of communication of information on network of audiovisual works, the art works, video producers and performers.

 

 

Cover Photo by Stephen Fang on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises Anti-Money Laundering Law

China's newly revised Anti-Money Laundering Law, effective January 1, 2025, strengthens regulations on financial institutions, enhances AML obligations, and includes measures to prevent terrorist financing.

Chinese Supreme Court Judgment Enforced by Court of NSW Australia

In October 2024, the Supreme Court of New South Wales, Australia ruled to enforce a Chinese monetary judgment (Fujian Rongtaiyuan Industrial Co Ltd v Zhan [2024] NSWSC 1318). The Chinese judgment was made by the Fujian High People’s Court, which was affirmed by a judgment of China’s Supreme People’s Court (SPC) in 2021.

China Enacts Preschool Education Law

Effective June 1, 2025, China's newly passed Preschool Education Law emphasizes inclusivity and government-led development, and prohibits primary school-style teaching in kindergartens to promote the well-being and development of preschool children.

China Revises Cultural Relics Protection Law

China's revised Cultural Relics Protection Law, effective March 1, 2025, strengthens preservation measures, introduces pre-construction surveys, and promotes international cooperation in the restitution and return of cultural relics.

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.