Deep Synthesis Works Compliance Governance and Copyright Protection: Chinese Perspective and Practices

Abstract

Deep synthesis works are creative works produced by applying deep synthesis technology. Depending on whether a performer’s image is entirely generated by deep synthesis technology, deep synthesis works can be classified as native synthesized works or regenerated synthesized works. The major legal issues of the deep synthesis works include the classification of the works, copyrightability, rights competition, and potential rights conflicts. This article argues that the originality of deep synthesis works is determined by objective standards. In the event of concurrence of rights, the performer should choose the most appropriate way to protect their rights in specific circumstances. Furthermore, conflicts can be resolved by clarifying the boundaries of the rights of the work. Deep synthesis technology and its application shall be regulated to reduce its negative effects, so as to transform “deepfake” to “deep synthesis” and maximize the benefit of this technology.