01
Factual background & dispute
- A photographer published thirteen short videos featuring traditional costume characters on a short-video platform.
- The disputed mini-program retained the scenes, camera angles, styling, and movements of the original videos while replacing facial features through algorithms.
- Users could generate and save face-swapped videos after watching advertisements or purchasing a membership.
02
Core issues & judicial focus
- Whether localized face-swapping creates a new original expression
- Whether a platform can invoke fair use or technological neutrality
- How to determine the duty of care regarding source material verification and algorithmic services
03
Judicial finding & holding
- The original videos were recognized as protected audiovisual works.
- Replacing facial features remained substantially similar to the original videos and failed to create an original adaptation.
- The court ordered the platform to pay RMB 7,500 in damages and reasonable expenses; neither party appealed.
04
Practical risk implications
01Establish material licensing ledgers for face-swapping, digital human, and template video products.
02Commercial models involving paid subscriptions or advertising affect the platform's standard of care.
03Verify algorithm filings, material provenance, complaint handling mechanisms, and generated content sampling before deployment.