How to solve the copyright problem of dozens of ＂new works＂ published by AI Stefanie every day？

Cctv news(Reporter/Yang Wei): Dozens of "new works" are popular again with their voices every day, and the best singer of 2023 … … AI Stefanie is so popular all over the network.

The secret of AI Stefanie’s debut is to train and post-process her voice by technical means, and let AI cover other singers’ songs with Stefanie’s voice. The spirit-like voice with various styles of songs not only has no sense of disobedience, but also makes the songs more unique. At present, on the platform, the cover content such as "Hair as Snow" and "Rainy Day" has been played by millions.

But does such an AI cover work involve copyright issues? Wang Guohua, a partner lawyer of Beijing Zhongwen Law Firm, said that AI cover violated the singer’s voice rights. At the same time, presenting such works also needs the cooperation of songs, words and songs, which will involve the infringement of the copyright rights of songwriters.

"News+"reporter: Does the cover content of AI involve copyright issues?

Wang Guohua:The cover is the reproduction of the singer’s voice, which is actually highly similar to the original singer’s voice. This kind of cover itself will involve the imitation of the original voice and affect the corresponding rights enjoyed by the original singer. If it’s a simple cover, it doesn’t involve copyright, but the voice right in the personality right of People’s Republic of China (PRC) Civil Code.

Article 990 of the Civil Code of People’s Republic of China (PRC) stipulates that the right of personality is the right of life, body, health, name, name, portrait, reputation, honor and privacy enjoyed by civil subjects. In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity. Article 1023 stipulates that the licensing of names, etc. shall refer to the relevant provisions on the licensing of applicable portraits. The protection of natural person’s voice shall refer to the relevant provisions on the protection of portrait right.

However, a complete AI cover work often needs corresponding songs, words and songs to cooperate. This situation will involve the copyright of words and music, including the player’s right to play with related instruments.

If you directly use these songs and lyrics to cover them without the consent of the songwriters, it will involve the infringement of the relevant copyright rights enjoyed by the songwriters, which is a copyright infringement.

"News+"reporter: If it is not for profit, does the AI cover work involve infringement?

Wang Guohua:Generally speaking, judging whether it constitutes an infringement is not based on the number of clicks or the so-called paid free. As long as there is a publishing behavior, the processed content may be known by unspecified people. In this case, it has the premise of bearing relevant legal responsibilities.

Therefore, whether it is for profit or not, it constitutes infringement.

"News+"reporter: Will making spoof videos through AI cover cause other rights and interests violations to singers?

Wang Guohua:Each singer has formed his own unique style, and his image has a certain solidification in the eyes of the audience. Making a spoof video may involve the singer’s reputation or derogatory reputation.

As for the extent to which it constitutes derogatory, it is a matter of different opinions. Legally speaking, it mainly depends on whether it reduces the reputation and social evaluation of others. If the content of the creation has a negative impact on the relevant audience or related social work, it can be said to be derogatory.

Therefore, if this form of spoofing a singer has reached a derogatory level, or has reached an insulting and defamatory level, it may involve reputation damage and infringe on the singer’s reputation right, and the infringer needs to bear corresponding civil responsibilities.

"News+"reporter: Is there any copyright in AI cover works?

Wang Guohua:Generally speaking, the cover itself is not a work based on human intellectual achievements. According to the provisions of Article 3 of the Copyright Law of People’s Republic of China (PRC), works protected by China’s copyright law should be based on the intellectual achievements of people.

The works in which AI participates are often based on computer software codes and algorithms, and do not belong to the content that should be protected in the sense of People’s Republic of China (PRC) Copyright Law.

"News+"reporter: Let the dead singer "re-create" through AI cover. Will this appeal infringe on the rights and interests of the deceased?

Wang Guohua:Many netizens and fans are eager to hear the voice of the dead singer and also hope to hear the singer reproduce some songs. But in fact, the rights enjoyed by dead singers are no different from those enjoyed by ordinary people.

For them, the sound generated has formed a unique correspondence with himself. For example, when we hear this song, we must know who sang it, that is, the voice and the singer have formed a unique corresponding business relationship, which can naturally bring corresponding benefits to the singer.

For the average person, in the process of using the singer’s voice, we should respect the singer’s related rights to the voice. After the singer’s death, anyone who uses the singer’s voice to create related works needs to obtain the consent of the legal heir of the original singer. Without the consent of the relevant heirs, no one may adapt the original singer’s voice or make a commercial cover.

"News+"reporter: Can you really be excused by marking a disclaimer at the bottom of the work?

Wang Guohua:This exemption statement is only a unilateral statement, and legally speaking, this statement will not produce a real exemption. Because according to the relevant laws and regulations, the real exemption must be the case that the law clearly stipulates that there is no need to be responsible.

If the disclaimer is marked in the comment area or at the bottom of the video, and the behavior has constituted the corresponding infringement, even if there is a disclaimer, it cannot be exempted from the relevant responsibilities that should be borne.

"News+"reporter: If the singer agrees with this behavior, but asks for a high share, is it a reasonable behavior?

Wang Guohua:Legally speaking, this kind of behavior is not prohibited.

The singer can punish his voice accordingly. Within the scope permitted by law, including allowing others to cover and imitate, are the corresponding civil rights enjoyed by singers. This kind of civil right also means that singers are allowed to set their own prices in the market. Singers and organizers can agree on copyright fees through free negotiation between the two parties, and there is no limit on the amount, which is a market behavior.