The swift surge in the popularity of Sora 2 has once again thrust the issue of portrait rights into the spotlight. In a bid to draw attention and boost traffic, certain individuals have turned to using the images of deceased celebrities to create videos. For example, Sora 2 has 'revived' Michael Jackson and the celebrated actor Robin Williams, making them appear to perform impromptu acts on the street. Although the video effects are remarkably realistic, these clips have ignited a firestorm of anger and grief among the families of the departed.
From a legal standpoint, the act of creating videos of deceased celebrities using Sora 2 has overstepped numerous legal boundaries. The portrait rights of the deceased are safeguarded by law, and their immediate family members, such as spouses and children, possess the right to safeguard these rights. By generating and publicly distributing videos based on the authentic portraits of deceased celebrities, Sora 2 is engaging in a commercial exploitation of portrait rights, even if dynamic watermarks are incorporated. Moreover, some of the generated content is of a mocking or satirical nature, which could tarnish the public image of the deceased celebrities, infringe upon their dignity in life, and potentially encroach upon derivative rights associated with personal dignity.
Furthermore, the creation of 'resurrected' videos by Sora 2 hinges on biometric data, including facial features and voiceprint frequencies, of the deceased celebrities. This data, frequently extracted from publicly accessible video footage, is utilized for AI training and content generation without the consent of the heirs, directly breaching the mandatory stipulations of the Personal Information Protection Law concerning the handling of sensitive information.
