Beyond 'Hepburn Time': Navigating China's Clear Legal Boundaries For Celebrity Name And Image Use

Article 994 is the cornerstone: It explicitly states that the name, portrait, reputation, honor, privacy, and remains of the deceased are protected by law. When these are infringed upon, the spouse, children, and parents of the deceased have the right to request the infringer bear civil liability.
Standing to Sue: The right to protect these interests is granted to close relatives. As one legal analysis notes, this is similar to an inheritance relationship, where the closest relatives "inherit" the right to safeguard these interests. However, this right is not perpetual; it generally does not extend indefinitely to all descendants to prevent impossible litigation scenarios, such as those involving figures like Confucius.
From Personality to Property: While the personality rights themselves cannot be inherited, the economic benefits (property interests) derived from them can be enjoyed by the successors. In the Hepburn case, the court recognized that her name and image held significant commercial value, which her son, as a close relative, was entitled to protect.

Recognizable Silhouettes: In a case involving a famous entertainer, a company used a processed silhouette of the celebrity in a promotional article with suggestive text. The court held that even though facial features were obscured, the silhouette's contour and hairstyle, combined with highly suggestive textual clues, allowed the public to identify the individual. This was sufficient to constitute a portrait right infringement.
AI-Generated Voices and "Deepfakes": With emerging technologies, Chinese courts are applying the same principles. In a typical case released by the Supreme People's Court, companies were held liable for using AI to synthesize and commercialize a voice actor's voice without permission. Similarly, a software company that used a person's portrait in an AI "face-swap" application for paying members was found to have infringed portrait rights.

The Anti-Unfair Competition Law (AUCL): Revised in 2025, the AUCL prohibits unauthorized use of another's name (including abbreviations, trade names, etc.) or personal name (including pen name, stage name, online pseudonym, translated name, etc.) with a certain influence, likely to result in confusion with another's goods or association with that other party. Admittedly, Audrey Hepburn's Chinese name qualifies.
Parallels with Trademark and Brand Protection: The PRC Trademark Law bars registration and/or use of personal name and images as trademark if they fall under any of the following circumstances:

Conduct Thorough Due Diligence: Before launching a campaign, brand, or product name, conduct searches beyond just trademarks. Consider whether any element—a name, a stylized image, a silhouette—could be identified with a specific living or deceased celebrity, domestic or international.
Secure Explicit, Written Authorization: Always obtain licenses from verified rightsholders. For deceased celebrities, identify the legitimate rights-inheriting relatives or the estate management entity. Do not assume that lack of response or historical inaction implies consent.
Respect the Line Between Tribute and Exploitation: Using a celebrity's name or image in a non-commercial, artistic, or editorial context may have different legal considerations (potentially falling under fair use, or reasonable use). However, any direct or suggestive commercial use is high-risk without permission.
Be Cautious with New Technologies: Exercise caution when using AI tools to generate voices, images, or videos. Ensure the training data and outputs do not appropriate the identifiable features of real individuals without consent.
Monitor the Legal Environment: Stay informed about updates in Chinese judicial interpretations and guiding and typical cases released by the courts in China and particularly the Supreme People's Court, as they provide the best guidance on how laws are applied in practice.