虎嗅

"Tracing the source is impossible, companies shift blame back and forth, and compensation amounts are inversely proportional to the issue's severity – the battle for rights in AI-related cases is fraught with difficulties."

原文:溯源无门、链条推诿、赔偿倒挂,AI剧维权关关难过

Summary of Key Points

While the AI anime industry is experiencing explosive growth, copyright infringement has spread to various fields, including dubbing, game IPs, celebrity portraits, and amateur images. However, efforts to protect rights face systemic challenges such as difficulty in tracing the source of the infringement, liability determination, high costs, and outdated regulations. Technology has advanced too quickly, leaving laws and regulations behind, which results in those whose rights are violated (from dubbing actors to ordinary individuals) in an awkward position where they either cannot file a lawsuit or, if they do, receive minimal compensation.

1. How widespread is AI anime copyright infringement?

AI anime has made it possible for almost anything to be copied:

  • The dubbing industry is hit first: Dubbing actor San Shi discovered that an AI anime used a voice very similar to his, and he filed a lawsuit; Shi Zekun accused the series "Zichuan" of using AI to synthesize his voice, leading to three months of continuous apologies (even though it was not his fault, he still sought justice).
  • Game IPs are being misused: Faces from four main characters in "Love and Deep Space" frequently appear in AI anime productions. As long as the hair color and clothing are similar, AI tools can generate similar images; characters from games like "Against the Current" and "Miracle Warm" have also been copied.
  • Celebrity portraits are being stolen: The faces and voices of stars like Yu Shuxin and Zhao Lusi have been directly used in AI anime, with even amateur photos being copied verbatim (including identical clothing and accessories).

In short, any recognizable image or voice can be exploited by AI anime, and the infringement has evolved from minor incidents to large-scale, commercial activities (for example, some AI anime have even received Tmall advertisements).

2. The first step in protecting rights is a stumbling block: Tracing the source of materials is more difficult than finding a needle in a haystack

To pursue legal action, you first need to prove that AI used your material, but this is nearly impossible:

  • The "ethical black box" of AI tools: For instance, when game characters are copied, the creators may not have intended to do so, but the AI tools retain the characteristics of popular characters. Simply entering relevant keywords (like "blue hair + suit") can generate the face of a "Love and Deep Space" character. Low-budget creators often choose to ignore these issues to save money.
  • Voice alteration techniques evade identification: AI combines multiple voices to create sounds that sound familiar but not identical, making voice recognition difficult. Lawyers say this is intentionally designed to undermine the ability to prove ownership of the sound.
  • Training data is inaccessible: The training data for AI tools is proprietary and cannot be obtained by rights holders. The entities responsible for training the models may be located overseas or in open-source communities, making it impossible to identify them. Even if laws require platforms to provide the data, they often cannot be compelled to do so (only regulatory authorities have the power to request it).

In other words, you know that AI used your material, but you cannot prove where it came from.

3. Liability determination is like passing a ball back and forth: No one wants to take responsibility

The AI anime industry has a long chain of participants (material collection → AI models → tool platforms → creators → distribution platforms → advertisers), and each link shirks responsibility:

  • If you sue the video uploader, they might claim that the AI dubbing was purchased from a third party; if you sue the service provider, they say the material came from a data supplier; if you sue the platform, they require you to prove the identity of the uploader (if anonymous, the court will not accept the case).

The entire process involves multiple lawsuits and evidence collection, with each party claiming innocence, leaving the rights holder to make no progress.

Lawyers point out that current laws lack clear definitions for AI-related infringements, making it extremely difficult to gather evidence, and sometimes evidence must be obtained through litigation (e.g., by requesting the court to retrieve training data).

4. The cost of protecting rights outweighs the potential reward: Compensation is often insufficient

Even if you win a lawsuit, the benefits may not cover the costs:

  • Low compensation amounts: In cases of voice infringement, there are no statutory compensation limits like those for copyright (which can range from tens of thousands to hundreds of thousands of yuan). It's hard to prove that AI has stolen your job opportunities, and courts struggle to quantify such damages.
  • Intangible value is exploited: The core value of a dubbing actor lies in their years of developed performance skills, which AI cannot replicate. Current laws do not protect these skills, and it's difficult to prove their uniqueness.

Many dubbing actors admit that the costs of filing a lawsuit (evidence collection, legal fees, time) far exceed any potential compensation, so many choose to tolerate the infringement.

5. Technology races ahead, but regulations lag behind: Practitioners are left helpless

The situation is one where technology has outpaced regulatory developments:

  • Declaring opposition is ineffective: Some creators mark their work as "not for AI use," but this only proves that the other party was aware of the restriction, without preventing the infringement.
  • Temporary solutions from platforms: Tools like those on Douyin can detect whether an image is generated by AI, but not who owns it. There are no uniform standards for determining similarity, and platforms are not held accountable for identifying infringements.
  • Hidden issues: Some clients (e.g., animation companies) secretly sell audio recordings to AI developers for training purposes. Actors know about this but fear losing their jobs and cannot provide evidence.

In conclusion, AI itself is not the problem; the real issue is the malicious misuse of technology. If regulations and supervision do not keep up, the next industry affected could be illustration or writing, where anyone could become a victim of unauthorized use without any recourse.

(The entire analysis is written in plain language, avoiding technical jargon to ensure that readers without a financial or legal background can understand the full scope and challenges of AI anime copyright infringement.)