Is Chinese Law Well-Prepared for Al Songs?: A Note of Caution on the Over-Expansion of Personality Rights

Authors

• Yang Chen, School of Law, City University of Hong Kong

Abstract

Recently, artificial intelligence (AI) singers, or more precisely, AI songs cloning celebrities' real voices (AI songs), have become a key topic in the entertainment industry and among fan groups across the globe, particularly in China. AI songs have attracted considerable attention from the legal community, as they unsurprisingly raise various ethical and legal issues. Examples of hotly discussed legal issues surrounding AI songs include whether using prior published songs to train AI models violates copyright holders' rights and whether the creators of Al songs breach copyright protection by training AI to sing songs copyrighted by other celebrities or companies. One of the most pressing issues, which this article aims to explore, is whether AI songs affect any ofthe exclusive rights granted to celebrities. More specifically, the controversy centers on whether the personality rights of celebrities under Chinese law govern any conduct concerning AI songs mimicking their real voices. Accordingly, the first purpose of this article is to descriptively explore whether Chinese law currently supports such a right to voice for celebrities to control the conduct related to AI songs. However, this article does not stop at this level of legal interpretation. It primarily aims to discuss a more theoretical and deeper question: even if it is feasible to interpret the current law broadly to allow such a cause of action to regulate AI songs in China, should such an extensive interpretative approach be adopted? This article takes interest in AI songs shared by different groups, such as celebrities, their management companies, and consumers (fans and other audiences), into consideration and attempts to answer the "should" question from the perspectives of different theoretical rationales, including utilitarianism, labor theory, and dignitary interests. Finally, this article concludes by distilling some common considerations when deciding whether or not to expand the scope ofpersonality rights, and serves as a short note of caution against the over-expansion of personality rights.

Disciplines

Entertainment, Arts, and Sports Law | Estates and Trusts | Law | Law and Politics

Recommended Citation

Yang Chen, Is Chinese Law Well-Prepared for Al Songs?: A Note of Caution on the Over-Expansion of Personality Rights, 42 Cardozo Arts & Ent. L.J. 261 (2024).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol42/iss2/2