인공지능 시대의 저작물 공정이용의 문제점 -중국을 중심으로-

No single one of the four criteria set forth in Section 107 of the US Copyright Act regarding the principle of fair use is absolutely essential. As a country with a traditional civil law system China also has copyright restrictions. Faced with a rapidly changing digital environment we need to think about how to adjust process fair use doctrine to the development of digital technology and artificial intelligence. The creation and dissemination of copyrighted works has greatly expanded and new ways of utilizing copyrighted works have emerged. The impact of digital technology and artificial intelligence on process utilization and how to improve process utilization were discussed. Fair use criteria are not fixed but continue to evolve with the technology changes in circumstances. In the machine learning balance problem fair use cannot balance between the exclusive rights of copyright owners and the developer of machine learning technology. Applying fair use doctrine to machine learning can break the balance-of-interest mechanism inherent in copyright law. A statutory licensing system for machine learning simplifies the process of acquiring and using copyrighted works and guarantees the economic benefits of copyright owners. It is possible to achieve a balance between the interests of machine learning technology developers and copyright holders. Fair use criteria could evolve to influence accumulative legislation of jurisprudence in the context of technology and the times.