생성형 AI를 활용한 캐릭터 창작물의 다층적 지식재산 보호에 대한 연구

Advances in generative artificial intelligence (GAI) technology have revolutionized character creation, but the legal status and protection of AI driven creations remain unclear. This study aims to establish a legal protection system for character creations utilizing generative artificial intelligence (AI). Considering that characters are complex creations combining visual, narrative, technical, and commercial elements, we categorize them into five types based on human contribution: human driven and assisted, directed and selected, optimized and arranged, collaborative, and independent and autonomously generated. For each type of creation, we analyze the applicability of multilayered intellectual property (IP) protection strategies, including copyright, design rights, trademarks, and trade secrets. We present theoretical and practical alternatives through a literature review, a review of domestic and international case law and rights registration cases, and a comparison of Korean, US, and European laws. Specifically, we specify the required supporting evidence and legal basis for each type of creation and propose an IP portfolio construction strategy through mapping IP rights by character element. The results of this study provide a theoretical foundation for protecting the rights of character creators in the era of generative AI and practical guidelines for the sustainable growth of the content industry.