인공지능 창작물의 법적쟁점과 대응방안

This paper examines the legal issues surrounding AI-based creations and explores countermeasures. Legal issues surrounding AI-based creations primarily include copyright infringement during the AI learning process, recognition of AI creations as copyrightable works and ownership, and the question of legal liability. First, the issue of copyright infringement regarding AI training data arises when AI learns from the vast amount of existing copyrighted works available online to create creative works. This raises the question of whether the use of data for AI training constitutes "fair use," or whether the Text and Data Mining (TDM) exemption provisions should be reviewed through revisions to the Copyright Act. Second, there are issues surrounding the copyrightability and ownership of AI creations. In the case of AI-created works, a "rights vacuum" may arise, where the work exists but no one owns the copyright. Furthermore, it is difficult to impose legal sanctions on unauthorized third-party use. Furthermore, issues such as infringement of portrait rights and personality rights, as well as criminal law, need to be considered.