Author(s)

Han Wang

Corresponding Author

Han Wang

Abstract

The explosive proliferation of AI face-swapping technology has given rise to novel forms of infringement concerning portrait rights. Traditional legal frameworks and rights protection mechanisms struggle to address the challenges stemming from this technological disruption of rights. Systematic research is urgently needed to address these pressing practical concerns. Currently, most studies focus on analyzing individual infringement cases or interpreting legal provisions, lacking comprehensive discussions on the boundaries of portrait rights, infringement determination standards, and liability allocation mechanisms in the context of technological advancements. This paper deconstructs the dissemination mechanisms and legal dilemmas associated with AI face-swapping technology and proposes a dynamic consent mechanism alongside traceability technology for the propagation chain to address the current challenges. Drawing on typical cases and empirical data, it clarifies the core scope of portrait rights protection in AI face-swapping scenarios, diverse rights protection pathways, and delineates the responsibilities of platforms. It proposes a collaborative governance framework of "technical regulation + legal refinement + platform self-governance" to balance technological innovation with rights protection, and to promote the improvement of relevant legislation and the development of industry norms. This provides theoretical support and practical references for balancing technological innovation with rights protection, and for promoting the refinement of relevant legislation and the development of industry norms.

Keywords

AI face-swapping; portrait rights; liability allocation mechanisms; dynamic consent mechanism; traceability technology