“Artificial Intelligence,” which refers to mechanical devices or software that perceive the external environment, assess the situation and move autonomously, is, among other acts, recently taking on creative fields such as art, music, literature, etc., which were previously perceived as fields unique to humans, by working in combination with big data technology and computing numerical technology, etc., such that it is rapidly rising as a pivotal field that will lead the Fourth Industrial Revolution worldwide.

As the artificial intelligence industry rapidly develops, there is a growing need to protect creative works produced by artificial intelligence, and discussions related to improving the legal system to enable such protection are being actively held worldwide. In particular, the United Kingdom, New Zealand, and Ireland each have provisions in their copyright related laws defining copyright works produced by computers, and prescribing that persons who make necessary preparations or adjustments for the creation of such copyright works are the authors.

In Korea, however, there are no clear regulations on copyright works produced by artificial intelligence in existing laws and creative works produced by humans are the standards for copyright such that the existing laws are acting as an obstacle to the development of artificial intelligence-related industries. Therefore, this proposal aims to provide a legal basis, etc., for copyright of works produced by artificial intelligence which can assist creative activity of humans or produce works by itself, with the aim of encouraging the creation of works produced by artificial intelligence and investment in such fields.

Details

A. Newly insert definitions on works of artificial intelligence and authors of works of artificial intelligence (Article 2 (1)-2, (2)-2, newly inserted)

B. Ensure that an author of a work by artificial intelligence shall be determined after taking into account his/her creative contribution, etc., as prescribed by Presidential Decree (Article 10 (3), newly inserted)

C. Prescribe that the duration of the intellectual property right of a work by artificial intelligence shall be five (5) years from the date such work was first made public (Article 39 (3), newly inserted)

D. Ensure that an author of a work by artificial intelligence shall register such work and, when registering, label that such work has been produced by artificial intelligence (Article 53 (4), (5), newly inserted)

Article 53 (Registration of Copyright)

4. An author of a work by artificial intelligence shall register matters contained in each subparagraph under paragraph 1.

5. An author of a work by artificial intelligence, when making a registration under paragraph 4, shall label that such work has been produced by artificial intelligence.