South Korea Denies Copyright Registration to AI-Generated Content

In a landmark move, South Korea’s Ministry of Culture, Sports and Tourism has categorically stated that artificial intelligence (AI)-created content will not be granted copyright registration. This decision, made public on December 27, 2023, clearly demarcates the government’s stand in the ongoing worldwide debate on the legal acknowledgment of AI’s creativity.

Guidelines for AI-Generated Content

The ministry has outlined parameters that state only content possessing human creative involvement, essentially echoing human thoughts and feelings, will be qualified for copyright registration. These criteria will be encapsulated in an ‘AI copyright guidebook.’ This guidebook, designed for AI enterprises, copyright proprietors, and users, will also elucidate the obligation of AI businesses to adequately reward copyright owners for the license to utilize their works.

Preventing Unauthorized Usage

The guidebook further counsels copyright owners to institute stringent measures to inhibit their works from being deployed for AI training without their approval. This move is spurred by the advent of AI technologies that can process and respond to natural language, leading to potential legal risks. An instance of this can be seen in AI studies using the Harry Potter series for experimentation.

South Korea’s Proactive Stance

Culture Minister Yu In-chon underscored the necessity of South Korea preemptively adapting to the new copyright landscape sculpted by the swift advancement of AI technologies. This proactive strategy aims to preserve South Korea’s position as a global vanguard in copyright protection. It also highlights the country’s commitment to striking a balance between encouraging AI innovation and safeguarding human creativity.

Global Implications

This decision holds significant implications beyond South Korea, especially in light of ongoing legal disputes in other parts of the world concerning AI-generated content. For instance, in the U.S., a graphic novel created using generative AI led to the cancellation of the artist’s copyright registration. Nonetheless, the U.S. patent office opined that the use of AI as a tool does not disqualify a human from claiming inventorship.

While South Korea’s stance might not change the global legal perspective immediately, it undeniably adds a crucial viewpoint to the global discourse on AI and copyright law. As AI continues to evolve and permeate various sectors, such proactive measures will play a pivotal role in shaping the future of copyright law and AI.