저작권법상 공정이용 원칙의 판단 기준 및 인공지능 학습데이터의 변형적 이용 — 미국 연방대법원 Andy Warhol Foundation v. Goldsmith (2023) 판결을 중심으로 —

This study aims to analyze the legal concept of 'Fair Use of a copyrighted work' under copyright law, and its scope of application. Fair use refers to the legally permitted use of a copyrighted work without the consent of the copyright owner, as long as it does not infringe upon the rights of the copyright owner. This concept is designed to balance the rights of the copyright owner with the fair use of the work, ultimately aiming for the development of culture and related industries, which is the goal of copyright law. In particular, this research examines how transformative use can be interpreted, especially in light of the recent Andy Warhol case, focusing on the first criterion of fair use, which is the purpose and character of the use. Furthermore, as fair use is currently being used as a defense against copyright restrictions on training data in generative artificial intelligence, this study also suggests criteria for copyright judgment related to the use of works created by generative AI. The study emphasizes the importance of this balance and analyzes the evolution and legal significance of the fair use doctrine.