인공지능 창작물의 보호에 관한 저작권법 체계의 패러다임 전환에 관한 고찰

In a real world in which any works created by Artificial Intelligence (AI) are lawfully launched on the market and sold at high prices, the problem on whether creative works created by AI should be protected under the current copyright system is emerging as a hot and important issue in the whole world, and we are in the dilemma. We are discussing on whether creative works by AI should be protected under the current copyright system, or whether they should be protected by sui generis, or should not be protected, however, have not decided owing to difference in viewpoints and recognition on the matter of legal protection of creative works by AI. This study is dealt with pros and cons on an international level relating to legal protection of creative works by AI, application of justification theories on the copyright system to creative works by AI, and limitation of legal protection on creative works by AI. In the present situation that the technology on AI is rapidly developing, it is supposed that creative works by AI will be continuously increased in large quantities, so the issue on legal protection of creative works by AI or not requires the change of paradigm. This would be not solved on the ground that there is a country where Acts on the legal protection of creative works by AI are preemptively made, on the contrary, not only serious discussions in an international level from the point of harmonization of copyright system are needed, but also a careful examination and consideration so that we can respond to change of paradigm. Korea should pay sharp attention to the international discussions on the legal protection of creative works by AI, any measures presented by EU, and legislations cases in the IP 5 countries, and should make efforts on finding out a legislation bill to suit our circumstances.