01
Factual background & dispute
- Several entities jointly created and operated two virtual human characters.
- A former employee of a participating entity uploaded and sold the corresponding models on a model marketplace.
- The copyright owner and exclusive licensee alleged infringement of reproduction and communication rights by the uploader and platform.
02
Core issues & judicial focus
- Whether the visual design of a virtual human qualifies as a work of fine art
- How commissioned creation and exclusive licensing affect standing
- Whether the model marketplace fulfilled its reasonable duty of care
03
Judicial finding & holding
- The distinctive choices of line, color, styling, and character design satisfied the originality requirement for works of fine art.
- The uploaded models were substantially similar in protected elements and the uploader infringed the right of communication through information networks.
- The platform was not jointly liable because it had conducted upload review and inspections, maintained complaint procedures, and acted after notice; the uploader was ordered to pay RMB 15,000.
04
Practical risk implications
01Virtual human projects should define ownership of models and visual assets in commissioning, employment, and licensing agreements.
02Model files, textures, motion assets, and promotional materials require separate version and authorization records.
03Model marketplaces should maintain upload review, notice-and-takedown, repeat-infringer controls, and evidence retention.