빅데이터의 이용활성화를 위한 저작권법적 고찰 - 데이터 마이닝 등을 중심으로 -

The Fourth Industrial Revolution will be developed with Big data and Artificial Intelligence as the driving force. Artificial Intelligence also is developed through big data and data mining. The Data can be divided into structured data and unstructured data. The unstructured data has copyright legal issues. Moreover a temporary reproduction at data mining on unstructured data occurs. In addition, data mining falls not currently the limitation to protection of economic rights. However, if data mining is for non-profit purposes, it consider highly as applicable to fair use pursuant to Article 35-3 of the Copyright Act, but it is not for profit-making purposes. As a solution to these issues, the data mining including for-profit purposes is proposed as the limitation to protection of economic rights. If data mining, which is a nonprofit purpose, falls only under the limitation to protection of economic rights, it will be a Hurdle to fostering and promoting the industry related to data mining. However, it arise infringement on the property right of the author rights holder, if data mining, which is a profit purpose, falls under the limitation to protection of economic rights. According, the of the property right in the author rights holder should be protected by adopting of the “compensation for the purpose of information analysis (data mining)”system. In addition, in the case of a temporary reproduction, it does not constitute a copyright infringement if a legitimate work is used. If it is used a work written by Artificial Intelligence as a basic data, it is need to discuss that the work written by Artificial Intelligence should be protected by Copyright Law. although it is not currently under Copyright Law. The work written by Artificial Intelligence should be also protected different from a work written by Human.