Judgment of the Legal Attributes and Justification of Ownership of Rights and Legal Interests of Virtual Digital Humans
The New Quality Productivity has given rise to disruptive technologies such as artificial intelligence,big data,and al-gorithms.These advancements are driving the development of the virtual digital human industry,while also presenting challenges in judging the legal attributes and ownership of rights and legal interests of virtual digital humans.The legal attributes of virtual digital humans can be categorized into two types as works and non-works.When classified as works,virtual digital humans with aesthetic significance are considered art works,and dynamic images generated based on virtual digital humans are classified as audiovisual works.Besides,non-typical virtual digital humans constitute other types of works.Virtual digital humans that do not constitute works are in nature legal interests of property that have not risen to the level of rights.The subjects related to the rights and legal interests of virtual digital humans include the virtual digital human ontology,operators,and the"intermediary person".In principle,the copyright of property and moral rights of virtual digital humans that constitute works belong to the operators.However,the"intermediary person"holds the right of authorship and,in specific circumstances,the right to protect the integrity of the work.For virtual digital humans that do not constitute works,the legal interests of property belong to the operators,while the"intermediary person"has the right to request remuneration.
artificial intelligencevirtual digital humansintermediary person"Copyright Law"ownership of rights and legal interests
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