Author

Jiang Jingying, Research Fellow, Law and Technology Institute

Abstract

In current cases where AI-generated sounds infringed upon the personal rights and interests there are ambiguities in the criteria for determining recognizability and divergent understandings of relevant elements. The reason is that the recognizability of sound rights lacks a precise conceptual definition and there is no unified standard for its identification rules. Starting from the basic characteristics of sound this article identifies the dual subjective and objective dimensions of sound and argues that the protection of personal rights focuses on the subjective dimension. After reviewing relevant laws regulations and judicial precedents and referring to the rules for determining the likelihood of confusion between the right of publicity and trademark this article proposes a path for determining recognizability that first determines the consistency of the objective characteristics of the sound then examines the popularity of the sound subject and uses sound environmental factors to assist in the judgment. This approach aims to establish a stable and operational method for determining the recognizability of sound rights and interests and to promote the protection of personal rights of sound rights in the era of artificial intelligence.

Keywords: voice interests ; rights of personal identity ; generative artificial intelligence ; right of publicity ; likelihood of confusion