저작권법상 인공지능 학습용 데이터셋의 보호와 쟁점 ―텍스트·데이터마이닝(TDM) 면책규정을 중심으로―

Abstract

In the era of artificial intelligence ("AI") and big data, balanced legislation is required to protect not only the interests of rights holders on data or datasets, but also the interests of users from their use and utilization. Under the Copyright Law, one of the main issues related to protecting the trainable data sets for AI is the search for immunity provisions to Text and Data Mining("TDM"). All of Article 29A of the CDPA of 2014, Article 60d of the German Copyright Act of 2017 and Article 30-4 of the Japanese Copyright Act of 2018 (which took effect on January 1, 2019), have created the Exception provisions for Text and data mining under Copyright Law. Considering this comparative consideration, it is desirable to establish TDM exemptions provisions to the effect of Article 29A of the CDPA of 2014 and Article 60d of the German Copyright Act of 2017 as legislative theories for TDM immunity provisions under our copyright law. In particular, it is necessary to establish regulations on restricting copyrights necessary for TDM of "non-commercial purposes" through the revision of our copyright law. However, Article 30-4 of the Japanese Copyright Act can be interpreted as explicitly allowing TDM activities regardless of commercial or non-commercial purposes. Japan's TDM Exception provisions appears to cover a wide range of TDM exceptions for commercial and non-commercial purposes, and research and other purposes, making it difficult to accept as a theory of legislation because it is highly likely to conflict with copyright holders' intrinsic interests. In this regard, Article 43 (1) of the Copyright Act (Act No. 2107440), which is proposed by Rep. Do Jong-hwan on January 15, 2021, will expand the scope of TDM exemption to "commercial purposes," so some critical reviews are necessary. In short, in addition to academic research e.t.c., allowing TDM to "commercial purposes" in interpretation is very likely to unfairly violate copyright holder's interests in light of the type of works, purpose, and types of use. Therefore, it is desirable to modify the amendment in a way that limits the scope of permits only for non-commercial purposes to overcome these concerns. This approach is considered more desirable in terms of legal balance between copyright holders and users, and international harmony. I think that TDM for commercial purposes can be resolved under Article 35-5(fair use) of the Copyright Law of South Korea.