생성형 인공지능 시대에 적합한 저작물 이용허락과 저작권자에 대한 보상 체계 확립의 필요성

Abstract

Technological advancements, especially the emergence of generative artificial intelligence(generative AI), have brought about significant changes to the copyright industry. AI can quickly create content by imitating the style of existing works, posing a real threat to human creators. In this situation, as the value of copyright holders’ creative labor decreases and the possibility of AI replacing humans increases, copyright holders are raising issues about AI developers using their works without permission, which is leading to legal disputes. Recently, copyright infringement lawsuits have been filed against AI developers in Korea, and in this regard, the issue of fair compensation for copyright holders is emerging. For this reason, in order to overcome the problem related to the position of copyright holders who want to prohibit the use of copyrighted works without permission during the AI ​​training process, it is necessary to review a plan to introduce an opt-out system that deletes the copyrighted works of copyright holders who object to the use of copyrighted works from the training data of the corpus, if copyright infringement due to unauthorized use of copyrighted works is proven. Furthermore, in the case of copyright holders who do not object to their works being used as AI training data, they have the right to collect royalties for the use of their works by AI developers, so it is necessary to find a way to realistically exercise this legitimate right. In addition, it may be necessary to consider imposing a certain amount of fees on AI developers related to the development of AI technology and distributing it to copyright holders who use their works without permission. If such institutional improvements are made, copyright holders will be able to receive their fair share of the profits generated by allowing their works to be used and contributing to the development of AI. If these institutional improvements are made, negotiations between copyright holders and artificial intelligence developers will be facilitated, and human creative expressions, which are essential for artificial intelligence to grow and develop, can be used sustainably.