저작권 귀속법리와 인공지능 창작물에 대한 고찰

Recently, many kinds of creatives, such as poetry, music, movie screenplays, newspaper articles, etc., are being mass-produced through artificial intelligence, not human. However, the question of "whether all of these works are copyrighted under the copyright law, and if so, to whom should the rights of such works be attributed" remains a difficult problem. At present, the basic principle of attribution of copyright is 'author'. In order to judge the copyright attribution problem of the artificial intelligence creation, first of all, it should be discussed who is author and whether it is justified to give him the exclusive right, copyright. Therefore, in this paper, I derive 'originality', 'personality', 'creative intention', 'investment', 'labor power' as factors for judging who should become authors. These factors were derived from the examination of the essence of copyright as romantic authorship, natural rights theory, and incentive theory. And these criteria were applied to the related persons of artificial intelligence creations respectively, and the validity of the copyright attribution was examined.