South Korean Government Takes a Stance: AI-Generated Content Denied Copyright Registration

The Ministry of Culture, Sports, and Tourism, South Korea announced its decision on Wednesday, stating that it will withhold copyright registration for artificial intelligence (AI)-generated content. The decision is part of a comprehensive set of measures introduced by the ministry. 

The ministry established a clear stance on the contentious matter of legally acknowledging the creative output of AI-generated content. It addressed the ongoing debate surrounding recognizing intellectual property rights for AI-generated works. 

By refusing copyright registration, the government emphasized a distinct separation between human and AI-generated creativity, navigating the complexities of legal frameworks in the era of advancing artificial intelligence technologies.

The ministry’s decision arrives amid a broader global discourse on the legitimacy of artificial intelligence (AI) as a creative entity. Responsible for the country’s copyright protection policy, the ministry has actively participated in dialogues to formulate practical guidelines for stakeholders in the cultural industry grappling with the complexities introduced by the AI era.

Following extensive deliberations, the ministry has firmly declared its position against allowing copyright registration for AI-generated content that lacks direct creative intervention by humans. 

Additionally, the ministry clarified that copyright registration for AI-generated content will be deemed possible only if the creations demonstrably convey human thoughts and emotions. The criterion has set a clear expectation for including human touch in AI-generated works to qualify for copyright protection.

The “AI copyright guidebook” by the ministry is expected to serve as a comprehensive resource for AI businesses, copyright holders, and users, outlining the specifics of the decision and offering guidance on navigating copyright considerations in AI-generated content. 

Among the guidelines, an emphasis is placed on the responsibility of AI businesses to ensure fair compensation to copyright holders for securing the rights to utilize their AI-generated products. 

By the guidelines put forth by the ministry, copyright holders are encouraged to either explicitly convey their intentions regarding the use of their creations for AI study or employ technical measures to prevent such utilization. This recommendation aims to provide copyright holders with avenues to safeguard their works and maintain control over the scope of AI involvement in the analysis and reproduction of their content.

Culture Minister Yu In-chon emphasized the importance of the country taking an active and proactive stance in response to copyright being influenced by advancements in AI technologies. 

Speaking at a press briefing in Seoul, Minister Yu highlighted the necessity of adapting to these changes brought about by new AI developments, underlining the importance of the announced measures in fostering a balanced and responsive regulatory environment for copyright protection. 

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