Beijing Internet Court has found in favor of an actress whose image rights were violated by two companies using AI face-swapping technology in a short drama. The court ordered the defendants to publicly apologize on their video platforms and compensate the actress for her financial losses.

The issue arose when the actress discovered her likeness had been superimposed onto a character in a short drama, misleading the public into thinking she had participated and sparking discussion online. The drama was also found on a video platform run by another company, prompting her to sue both for unauthorized use of her image for profit.

During the trial, the production company claimed the AI-generated character coincidentally resembled the actress, arguing it never input any specific prompts related to her. It maintained that the resemblance was statistically probable and that it quickly removed the segment upon her complaint, causing no harm.

The broadcasting company also argued it legally obtained distribution rights and was not responsible for the content creation.

The court found two segments in the 44-episode drama used face-swapping technology, leading to public confusion and discussion online about the actress' involvement. Meanwhile, the production company failed to demonstrate its AI process due to technical issues.

Judge Zhao Qi, citing the Civil Code, stated that even if an AI-generated face slightly differs from the original, it constitutes infringement if recognizable by the public.

"The segments bore a strong resemblance to the actress, and public comments identified the character as her," Zhao said, adding that the production company's inability to reproduce its process left its claims unsupported.

"The streaming platform, despite having distribution rights, was held liable for not reviewing the content, thus failing in its duty to prevent infringement," said Zhao.

The judge insisted that while short dramas are popular among the public, the use of AI must respect individual rights. "Creators and platforms should enhance content review processes to prevent infringements," she said.

"Strict adherence to legal boundaries by all industry players is essential for the healthy development of the short drama market."