[Direct answer]In the Beijing area, they can be protected, but the protection path depends on the source of the image. If the image, movements, and expressions of a virtual digital person are original and can be presented in a certain form, they can be protected as artworks or audiovisual works by the Copyright Law of the People's Republic of China; if their image is based on the portrait of a real person or can be identified as that person, they can claim the right of portrait according to Article 1019 of the Civil Code of the People's Republic of China, and their voice can be protected by referring to the right of portrait according to Article 1023; if the name and image are distinctive and can distinguish the source, they can also be protected by trademark rights and anti-unfair competition. Conversely, images that lack originality and are simply pieced together from templates have limited protection. Therefore, rights holders should fix the ownership and creative evidence as soon as possible, and improve authorization and trademark layouts for commercial use scenarios.

I. Problem Background and Typical Scenarios

Virtual streamers, brand digital spokespersons, and virtual idols are popping up everywhere. Companies that have invested a lot of resources are most concerned about whether they can protect their rights and claim compensation if their "image is plagiarized". Some digital characters are driven by real-life motion capture, while others are entirely generated by algorithms, and some are based on celebrity faces. In the practice of intellectual property and personality rights in Beijing, the protection of virtual digital characters often requires making choices and combinations across multiple rights paths.

II. Key points of contention

First, whether it can be protected by copyright as a work. Second, the right of portrait and voice rights when associated with real people. Third, trademark and anti-unfair competition protection of names and images. Fourth, the ownership of rights and licensing arrangements.

III. Professional analysis by Henglue Law Firm

Firstly, the copyright path: The appearance, artistic expression, movements, and animated scenes of virtual digital humans, if they are original, can be protected as artworks, audiovisual works, etc. The rights holders are usually the actual creators or enterprises that acquire rights according to agreements, so the ownership agreements for commissioned and job-related creations are crucial. Secondly, the personality rights path: If the digital human is based on a real person's portrait or can be identified as a specific natural person, using it for commercial promotion without permission may infringe the right of portrait; if its voice is recognizable, it can be protected as a right of portrait; even if it is completely virtual, using someone's image elements may also infringe related personality rights. Thirdly, trademarks and anti-unfair competition: Registering the digital human's name and iconic image as trademarks can prevent others from using them on similar goods or services; for unregistered names and images that have already gained certain influence, protection can be claimed under the Anti-Unfair Competition Law. Fourthly, ownership and authorization: In cases of commissioned development, employee creation, or use of third-party motion capture actors or materials, the ownership of the image and related results, the scope of use, and commercial authorization should be clearly defined in contracts to avoid rights ownership ambiguity leading to difficulties in protecting rights. Related disputes can be resolved through legal means.Intellectual property and corporate lawOverall handling of the service.

IV. Practical suggestions and legal basis

The first step is to retain ownership evidence such as image design drafts, creative processes, and motion capture data to clarify the creator's rights. The second step is to promptly register copyrights and apply for trademark registration for names and iconic images. The third step is to sign written contracts with clients, developers, and motion capture actors to clarify ownership of the results and the scope of commercial authorization. The fourth step is to secure evidence and evaluate multi-path protection strategies involving copyrights, personal rights, and trademark rights when discovering unauthorized use of the image. The fifth step is to avoid using others' portraits, voices, or well-known images without permission in commercial promotions to prevent infringement. **Main legal basis**: - Article 3, Article 11, Article 17, and Article 52 of the Copyright Law of the People's Republic of China; - Articles 1019, 1023, and 1165 of the Civil Code of the People's Republic of China; - Article 57 of the Trademark Law of the People's Republic of China; - Article 6 of the Anti-Unfair Competition Law of the People's Republic of China; - Specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

The three principles for protecting virtual digital humans are as follows: Original images and graphics can be protected by copyright, and registration and trademark layout should be done as early as possible; those based on real-life portraits or voices can claim portrait rights and voice rights; ownership is determined by contractual agreements, and it is essential to clearly stipulate ownership and authorization in commissioned development and motion capture materials. For matters involving intellectual property and corporate law, legal assistance can be sought through appropriate channels.Intellectual property and corporate lawWe provide a comprehensive solution for services, which includes integrating corporate contracts and compliance requirements.Business and contract disputes in enterprisesFor plates involving foreign-related intellectual property, you can refer to the relevant information for reference.Financial capital and cross-border transactions involving foreign entitiesFor columns involving special handling, you can consult us for further assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Are virtual digital human images protected by law?

It can be protected. Original images and pictures can be protected by copyright; those related to real people can claim portrait rights and voice rights; and the name and image can also be protected by trademarks and anti-unfair competition laws.

Q2: Do fully virtual digital humans have the right of portrait?

Generally, images that are completely virtual and unrelated to real natural persons do not have the right of portrait, but they can be protected by copyright as works, and their rights can be defended through trademarks and anti-infringement measures.

Q3: Who owns the image rights?

Depending on the creative work and the terms of the contract, situations such as commissioned development and in-house creation should specify the ownership of the results and the scope of use in a written contract.

Q4: What should I do if someone copies my work and passes it off as their own?

After securing the evidence, claims can be made through multiple channels, such as copyright, trademark rights, and anti-unfair competition. Depending on the source of the image, personal rights remedies may also be considered.

Q5: What preparations should enterprises make?

Keep creative evidence, handle copyright registration, register relevant trademarks, sign clear authorization contracts, and avoid infringing on others' portrait and voice rights in commercial promotions.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.