인공지능 창작물에 대한 법적 쟁점

Abstract

With the development of artificial intelligences including for example, "Next Rembrandt" which learns the painting of Rembrandt through the deep learning technique, and then draws a picture of Rembrandt style by human command, artificial intelligences which write a novel and artificial intelligences which produce music, the artificial intelligence industry has been attracting much attention as a pivotal field to lead the fourth industrial revolution era around the world. As the artificial intelligence industry has been developing so rapidly, there is a growing need for the protection of artifacts created by artificial intelligences, and discussions are actively underway to enhance the legal system capable of protecting them. In accordance with the Intellectual Property Law of Korea, artifacts autonomously created by artificial intelligences are considered not to become an object of right. Accordingly, there is happening a problem of how to overcome the gap between the deficiency in proper copyright law and the need to protect the achievements. In other words, there is happening a problem of how to bridge such gap for keeping up with unpredictable development speed of artificial intelligences and expansion of their functions, In this article, we will look at several legal issues that can be predicted based on our copyright law. Unlike conventional traditional inventions or copyrighted works which can be protected by patent law or copyright law, artifacts or inventions created by artificial intelligences with high autonomy are not likely to be protected by any of patent rights or copyright under current patent law or copyright law system. Thus, we are facing a challenge to find new safeguards within the intellectual property law. Artificial intelligences analyze and autonomously learn vast amounts of data to create an artifact, and in the course of such learning, it is highly likely that copyrighted works will be used by the artificial intelligences. In this case, there are happening a question of whether copyright infringement by artificial intelligences can be recognized, and if it is recognized, a question of who is(are) responsible for illegal activities. Although people are responsible for illegal acts but not robots at the present stage, it should be considered that if the most sophisticated intelligent robots are developed in the long term, they will be given an "electronic person" status as an independent responsibility body.