Is the AI model's "fitting" product real? Expert: Merchants should fulfill their labeling obligations to avoid damaging the consumer's right to know and choose. Reporter | Product | Logo
A small face, flawless skin, perfect body shape ratio, the model complements the outfit, making the outfit more fitting and trendy... This is a product image that appeared on a certain e-commerce platform. But upon closer observation, it appears that the model trying on the clothing is not a real person. After sending a private message to the shop owner, the other party readily admitted that the promotional image was created by AI, "in order to better showcase the details of the clothing.".
A recent investigation by a reporter from the Legal Daily found that many merchants on multiple e-commerce platforms have adopted AI models to try on clothing and display their products. Not only that, on e-commerce platforms, some stores have also started providing AI model image creation services, such as "AI drawing model generation" and "dummy to human model exchange".
Is the product effect presented by using AI model "fitting" images for promotion reliable? Will consumers buy it? Can AI model "fitting" images be freely created and used, and what legal risks may they face? With these questions in mind, the reporter conducted an investigation and interview.
Significant differences in details
May be suspected of false advertising
The promotional image of an AI model trying on clothes shows that the clothes fit perfectly on the model, with almost no creases. However, is this really the case with the actual product?
Recently, the reporter searched various e-commerce platforms using keywords such as "exquisite sets" and found that many promotional images of products were obvious AI models trying on clothes. The obvious features of these AI models are their sharp curves, slender limbs, extremely delicate facial features with a sense of comics, and a mostly blurred solid background color.
For example, a store on a certain e-commerce platform with a collection of 6000 people ranks second on the store's positive review list with a set that has sold over 450 pieces. The product image is presented by a cartoon avatar model with blonde hair and blue eyes, and both the set and the model appear to be soft focal in the photo, resembling a cartoon illustration at first glance.
The reporter placed an order for the product and upon receiving it, found that there was a significant difference between the set and promotional image: there was a color difference, an extra pleat appeared out of thin air, and the collar height did not match. What's even more frustrating is that the clothes in the model's picture are lantern sleeves that fall off the shoulders, with a length just above the elbow, while the sleeves of the actual clothes cover the elbow, and the cuffs cannot be tightened.
The situation encountered by the reporter is not an exception. In a certain online store, a clothing item with an AI model "fitting" picture as a promotional image and hundreds of pieces sold was filled with comments in the comment section: "Perhaps because of the AI picture, it was very close to the body, but after receiving it, it became too fat." "The skirt was full of pleats." "The color of the clothing is different from the one in the picture.".
On social media platforms, under the term "AI model", many netizens have clearly expressed their unwillingness to pay for AI models. Many netizens believe that using AI models to display clothes will increase the probability of online shopping going crazy. A netizen bluntly said, "People are not allowed to try on real people. Is there really someone buying it?" "The head to body ratio of AI models does not match that of humans, so there is no reference." "After the generation of AI model images, physical products have also become virtual. How can authenticity be guaranteed?". Some netizens have explicitly stated that they will not buy any AI generated product images.
Sun Ying, a professor at China University of Political Science and Law and Deputy Secretary General of the China Consumer Rights Protection Law Research Association, said that the application of artificial intelligence in the field of e-commerce sales is best demonstrated by live models or anchors using AI technology to automatically replace different styles of clothing. "At present, there are still some technical obstacles that cannot be overcome in AI production of model images. The details may vary, making it difficult for consumers to judge the true appearance of the clothes."
"AI model images, because they cannot fully truthfully display the objective situation of product appearance, style, color, pattern, etc., will inevitably involve damaging consumers' right to know and choose, violating the operator's obligation to provide consumers with comprehensive, truthful, and accurate information on products or services, and may even be suspected of false or misleading advertising," said Sun Ying.
Low production cost and high efficiency
Technical level needs to be improved
Why are some businesses willing to choose AI model "fitting" images for product promotion?
Industry insiders told reporters that this is mainly due to some online stores saving shooting costs. According to public reports, after some businesses replaced human models with AI models, they saved about 40000 yuan in monthly costs, including the costs of models, photographers, and other staff, venue fees, equipment fees, etc.
"Some small and medium-sized businesses often cannot afford to hire models or do very exquisite photography. AI models can help them complete high-quality product displays at a lower cost. In addition, some specific shooting requires foreign models, and choosing AI models will be more convenient and efficient than finding a suitable model in reality," said the industry insider.
Under the corresponding requirements, there are more and more software providing AIGC functionality. The main ways for relevant software to generate AI model images are to use pure text descriptions, text with images, and images with images to generate AI model "fitting" images with just one click.
The investigation by reporters found that with the increasing demand from businesses for AI model "fitting" images, the service of generating AI model "fitting" images is also becoming a flagship product of some businesses. On a certain online shopping app, the reporter searched using keywords "AI model generation" and "AI clothing model agency", and multiple related products appeared.
In the detailed introduction pages of these products, the services provided by the merchants include: converting dummy fitting models into real models, providing clothing photos to directly generate model fitting images, and specifying model appearance features. In terms of specific operations, multiple merchants have stated that they use photos to generate images. "Provide clothing photos, preferably with fake models or real people wearing them, for better results."
In terms of price, the reporter inquired with multiple stores and found that if someone else helps generate images, the price of 3 to 10 images ranges from 100 to 300 yuan. E-commerce operators can also purchase software and study tutorials on their own, and use software artificial intelligence to generate the required model images.
The reporter chose a store with a monthly sales volume of over 4000 units, and the first order can be experienced for less than 1 yuan with the "AI drawing proxy drawing" service. Following the store's instructions, the reporter provided clothing images and keywords such as "curly haired girl", "cute", and "slim". After a few minutes, the other party provided four generated images.
In these pictures, the model's appearance meets expectations and is even more realistic, with little difference from the real person. However, the similarity of clothing styles is vastly different. Apart from the color, there are significant differences in collar design, sleeve length, sleeve edging, whether or not there is a belt, and the position of decorations from the original image.
"You can search for specific keywords." Faced with the reporter's question, the shop owner said that they can limit the keywords to make the pictures more satisfactory. "Providing pictures of real people or fake models wearing them will produce better renderings.".
According to Zheng Zhifeng, Associate Professor of the School of Civil and Commercial Law at Southwest University of Political Science and Law and Vice Dean of the Institute of Cyberspace Governance, using AI technology to generate model images is a manifestation of the specific application scenarios of AI technology, which is beneficial for reducing sales costs. At the same time, generative AI technology can generate various model drawings in batches and efficiently, even many model drawings are very creative and aesthetic, but the generated content is difficult to be identical with the real models, and the authenticity and accuracy need further development of algorithms.
Merchants should fulfill their labeling obligations
Be wary of the risk of portrait infringement
In order to standardize the application of artificial intelligence products, three departments including the National Internet Information Office reviewed and passed the Administrative Provisions on the Deep Synthesis of Internet Information Services, which has been implemented since January 10 this year. It clearly mentioned that deep synthesis service providers and technical supporters should strengthen technical management, regularly review, evaluate and verify the mechanism of the generation synthesis algorithm. If deep synthesis service providers and technical supporters provide models, templates, and other tools with the ability to generate or edit biometric information such as faces and vocals, they shall conduct security assessments themselves or entrust professional institutions in accordance with the law.
The regulations also specify that deep synthesis service providers providing editing services such as facial generation, facial replacement, facial manipulation, posture manipulation, etc. for generating character images and videos, or significantly changing personal identity features, which may cause confusion or misidentification among the public, should prominently mark the reasonable location and area of the generated or edited information content to inform the public of the deep synthesis situation.
The Interim Measures for the Management of Generative Artificial Intelligence Services, reviewed and approved by seven departments including the State Internet Information Office, will come into force on August 15 this year. Again, it is emphasized that generative AI service providers should identify generated content such as pictures and videos in accordance with the Administrative Provisions on the Deep Synthesis of Internet Information Services.
"In the field of e-commerce, especially in the process of displaying products and services, the application trend of AI is inevitable." Liu Jinrui, a researcher at the Law Research Institute of the China Law Society, said that if businesses use AI for product display, they need to comply with the above two legal norms, fully inform consumers that model images are generated by artificial intelligence to fulfill their labeling obligations, and also comply with special regulatory regulations applicable to different scenarios, such as the Advertising Law, E-commerce Law, and Consumer Rights Protection Law.
However, the investigation by reporters found that both businesses that use obvious anime character style AI model images and those that explicitly claim to have "highly anthropomorphic AI models" on social media platforms do not indicate whether they are AI model images on the product details page.
"The platform bears the responsibility of supervision. For merchants using AI model images, if the platform is also a technical service provider, it is necessary to comply with laws and regulations such as the" Interim Measures for the Management of Generative Artificial Intelligence Services ". Effective measures should be taken to supervise the use of artificial intelligence for promotion and publicity, to ensure platform order." Zheng Zhifeng said.
It is worth noting that some AI databases contain massive facial data, and some AI model images generated may have high similarity to real human faces. Some netizens have expressed concerns about this and raised questions about whether it involves infringement.
Wang Yegang, Associate Professor and Doctoral Supervisor at the Law School of Central University of Finance and Economics, said, "If a business generates images through AI that have a high degree of similarity with someone else's portrait, allowing others to recognize the identity of a specific person from the AI image, then the image generated by the AI should belong to someone else's portrait. When making and using the image, the business should obtain the consent of the portrait owner, otherwise it will constitute an infringement of someone else's portrait rights."
Zheng Zhifeng said that businesses should prohibit intentional use of AI technology for illegal purposes, such as providing artificial intelligence with illegal keywords to generate images involving harmful content or content that infringes on the portrait, reputation, and personal information rights of others; For content generated through normal use of artificial intelligence, it is also necessary to bear appropriate care obligations to ensure compliance of generated content. If any generated content is found to be in violation of regulations, it should be reported to the technical service provider in a timely manner.
