东京地方法院近日作出裁决,认定一个TikTok账户未经授权使用知名配音演员津田健次郎的声音制作AI生成视频,构成对其肖像权的侵犯1。这是日本首次由法院判决人类声音受肖像权保护的案例1。法官高桥彩表示:"未经授权使用表演者的声音可视为对肖像权的侵犯"1。
该TikTok账户在2024年7月至9月期间上传了188个视频1,最高拥有超过20万订阅者1。据共同通讯社报道,该账户的月收益估计在50万日元至75万日元之间1。尽管法院认定声音应与肖像同样受到保护,但驳回了删除视频的请求,因为该账户已在诉讼提起后自行删除了内容1。
2024年,日本演员发起名为"No More"的活动,反对在AI生成内容中未经授权使用他们的脸部和声音1。日本演员工会执行理事佐佐木由子表示:"演员的声音是多年严格训练和学徒制的结果"1。
A Tokyo District Court has determined that an unauthorized use of renowned voice actor Tsuda Kenjiro's voice in AI-generated videos posted to a TikTok account constituted a violation of his portrait rights.1 Judge Takahashi Aya stated that "using a performer's voice without authorization can be considered an infringement of portrait rights," marking the first time a Japanese court has ruled that the human voice deserves the same legal protection as a person's likeness.1
The disputed TikTok account uploaded 188 videos featuring the actor's voice between July and September 2024, at one point accumulating over 200,000 subscribers.1 According to Kyodo News, the account generated estimated monthly earnings between ¥500,000 and ¥750,000.1 However, the court rejected the actor's request to remove the videos, as the account had already deleted them following the initiation of the lawsuit.1
The ruling comes amid growing concerns about unauthorized use of celebrities' faces and voices in AI-generated content in Japan. In 2024, Japanese actors launched a campaign called "No More" to oppose such unauthorized applications of their identities.1 Sasaki Yuko, executive director of the Japan Actors Association, emphasized that "an actor's voice is the result of years of rigorous training and apprenticeship."1
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