The rapid development of artificial intelligence (AI) has opened a new era where virtual characters simulating real people can appear and act like humans in the digital world. From virtual models, virtual singers to virtual influencers, all are becoming trends. But amid this explosion, the legal question is: Are virtual characters created by AI protected by law? Let’s find out with VCD in the article below!
What is creating AI-based virtual characters based on real people?
In the era of technology 4.0, artificial intelligence (AI) is gradually changing the way people create, communicate and express themselves. One of the main prominent applications that has received a lot of attention is creating virtual characters (AI avatars) based on real people.
Simply put, an AI-based virtual character is an image, voice or expressive style simulated from a specific individual in real life. Through deep learning algorithms and image and sound processing techniques, the AI system can recreate the face, voice, even gestures and emotions of a person, thereby creating a vivid “digital version”.
For example:
- An artist can use AI to create a virtual copy of themselves for advertising or interacting with fans.
- A brand can use the image of a celebrity to create a virtual brand ambassador (virtual influencer), helping to maintain operations even when the real character is not directly involved.
However, creating virtual characters that “borrow the image” of real people raises many complex legal issues, especially related to personal rights, image rights and copyright.
Is creating a virtual character using AI based on a real person protected?
The answer to “Is creating a virtual character using AI based on a real person protected?” depends on many factors: Who is the creator, is the character independently creative, and is the use of the image of a real person with their consent?
According to the 2022 Law on Intellectual Property of Vietnam, copyright is protected for works directly created by the author, which are original and creative. However, virtual characters created by AI are not simply human products, they are the result of data processing, algorithms and machine learning. Therefore, to be protected by copyright, virtual characters must meet the following conditions:
The work must be created by humans
Clause 1, Article 14 of the 2022 Intellectual Property Law stipulates: “A work protected by copyright is a creative product in the field of literature, art and science directly created by the author through his/her intellectual labor, without copying from the work of others.”
This means that AI cannot be named as the author. The person who directly uses the AI tool, comes up with ideas, selects training data and directs new creative direction is the subject that can be protected by copyright (if it can be proven that there is a real creative contribution).
For example, if you use AI to create a completely new virtual character, not based on a real person, and you are the one who decides the design, features, style, then that character can be protected by copyright as a digital work of art.
On the contrary, if the virtual character is based on the face or voice of a real person (especially a famous person), the issue is not only about copyright but also directly related to image rights and personal rights.
The image rights of real people must be respected
According to Article 32 of the 2015 Civil Code, it is clearly stated: “The use of an individual’s image must have the consent of that person. The use of an image for commercial purposes must have the written consent of the person whose image is used.”
Therefore, if AI creates a virtual character that simulates the face, voice or demeanor of a real person without permission, this act can be considered an infringement of personal rights and will be handled according to the law.
For example: A business using AI to create a virtual copy of singer A to advertise a product without permission, even if it is only a “90% similar character”, can still be considered an infringement of image rights. In this case, the real person can request: Removal of the infringing content; apologize, publicly correct; compensate for damages (if there is a commercial element causing damage).
Virtual characters based on real people can be protected within a certain scope
Although AI is not considered an “author”, the programmer, AI controller or system owner can be protected for ownership of the virtual character, if they can prove: There is creative and technical investment in building and training the AI model; there is intellectual contribution in perfecting the character (such as designing the appearance, style, behavior, etc.) and the use of the image of a real person has legal consent.
In that case, the virtual character can be protected as a “derivative work” (according to Article 14, Clause 2, Point m of the Intellectual Property Law 2022), provided that it does not infringe the rights of the original work or the simulated individual.
For example: A company cooperates with actor B to create an AI copy for a commercial film. If there is a clear contract, agreement on image usage rights, commercial rights, and the real person agrees, then this virtual character is protected as a legitimate creative product.
Currently, Vietnam does not have specific regulations on protection or handling of violations of AI-generated virtual characters, but acts of infringement of image, reputation, or personal rights can be handled according to:
- Decree 131/2015/ND-CP: Administrative sanctions for acts of infringement of copyright and related rights.
- Article 592 of the 2015 Civil Code: Regulations on compensation for damages when infringing on the honor, dignity, and reputation of individuals.
- Article 288 of the 2015 Penal Code: Criminal handling if the unauthorized use of images or voices causes serious consequences or is for the purpose of profiteering.
Thus, AI-generated virtual characters based on real people are only protected when they have human creative elements and the legal consent of the real people they simulate. Otherwise, the creation, use or commercialization of such virtual characters may be considered an infringement of image rights, personal rights, or even copyright.
In the AI era, the line between “creation” and “infringement” has become more fragile than ever. Therefore, individuals and businesses when exploiting real people’s images to create virtual characters need to sign clear contracts, ask for full permission and respect personal rights, to avoid legal risks and protect their own creative value.
Above is the complete answer to the question “Is creating virtual characters using AI based on real people protected?”. VCD hopes that through this article, you will better understand the protection regulations for virtual characters using AI based on real people.
Sincerely,
According to Article 14 of the 2022 Intellectual Property Law, a derivative work is: “A work that is translated, adapted, transformed, annotated, or selected.” If a virtual character is created from the image of a real person with legal consent and has independent creative elements (e.g., editing, redesigning, changing the context, etc.), it can be recognized as a derivative work and protected by copyright.
Yes. When a virtual character is created based on the image of a real person, a written agreement is required to ensure rights and avoid disputes. Pursuant to Article 32 of the 2015 Civil Code and Article 47 of the 2022 Intellectual Property Law, this contract should clearly stipulate the scope of use, commercial purpose, term, remuneration, or rights of the person being simulated.