인공지능 학습과정에서 저작물의 이용에 관한 소고

Abstract

The 4th Industrial Revolution Committee, which was launched in September 2017, defined the 4th Industrial Revolution as “a hyper-connected intelligent revolution that is triggered by digital technologies such as artificial intelligence and big data..” With the advent of new tools of innovation, they conflict with or integrate with existing legal order, bringing greater development on the one hand and greater concern on the other. In particular, the next-generation industries represented by artificial intelligence (AI) are presenting a future of unpredictable forms that have no historical origin. When countries are busy with social and institutional rearrangements for technological innovation in order to survive the Fourth Industrial Revolution, it is necessary to discuss what problems the copyright sector has and how to solve it. It is emerging as a new creator in the realm of creation that only artificial human beings could do, and it is about a series of processes performed by artificial intelligence within the existing copyright law system, and the result produced by learning like human beings. I think it's because we need a philosophical, legal and economic analysis of how it is desirable to deal with it. This study examines how the field of artificial intelligence, machine learning, should be evaluated and regulated in relation to the use of copyrighted works in accordance with the purpose and intent of copyright law. The current discussion on artificial intelligence seems to focus on the discussion of whether AI can recognize this as a work for the output produced as a result of learning, and if so, who is the author. This study considered how artificial intelligence uses existing human-created works as a legal basis in the learning process such as machine learning, and whether copyright infringement can be indemnified for the purpose of industrial development. In particular, I would like to examine whether the study of highly intelligent AI can be permitted under the principle of fair use, which is a general provision of copyright restrictions. The fair use doctrine is to recognize the protection of 'expression of human creators' first and to use it as a tool to practice it, so that the alienation of human creators can be prevented by the development of technology. I think that continuous research should be done to balance between human creators and the technology industry to protect the purpose of copyright law.