The Conflict and Legal Regulation of the Personality Interests of the Deceased in AI 'Digital Resurrection'-Taking Kobe AI Short Video as an Example

DOI: https://doi.org/10.62517/jel.202614410

Author(s)

Guoquan Mao

Affiliation(s)

Huizhou University, Huizhou, Guangdong, China *Corresponding Author.

Abstract

With the rapid development of generative artificial intelligence technology, AI 'digital resurrection' of late celebrities has gradually become a remarkable social phenomenon. Taking the AI short video of the late basketball superstar Kobe Bryant as an example, unauthorized digital resurrection behavior has emerged in large numbers on the Internet, triggering profound disputes about the protection of the personality interests of the deceased. By combing the typical cases of Kobe AI short video events, this paper analyzes the multiple conflicts of the personality interests of the deceased, such as portrait right, reputation right and privacy right, and discusses the shortcomings of the current legal framework in dealing with the phenomenon of digital resurrection in combination with Article 994 of the Civil Code of the People's Republic of China and the Measures for the Administration of Digital Virtual Human Information Service ( Draft for Soliciting Opinions ). The study found that the current rules for the protection of the personality interests of the deceased have problems such as blurred boundaries and unclear standards in the context of rapid iteration of technology. This paper proposes to construct a systematic regulatory framework in the field of digital resurrection from the dimensions of clarifying authorization standards, establishing a living will system, strengthening platform responsibilities, and building a multi-party collaborative governance system.

Keywords

AI Digital Resurrection; the Personality Interests of the Deceased; Legal Regulation; Kobe BRYANT; Digital Personality Right

References

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