A Foundation for Legal Judgment on Copyright of Generative AI Content: Focusing on Copyright Disputes in South Korea, the United States, and China
AUTHORS
Hua-Qian Xie† ,Seung-Keun Song††
† Ph.D. Candidate, Dept. Visual Contents, Graduate School, Dongseo University, Korea
†† Professor, Dept. Visual Contents, Graduate School, Dongseo University, Korea
E-mail:songsk@gdsu.dongseo.ac.kr
Abstract
With the recent emergence of generative AI systems like ChatGPT, DALL-E, Midjourney, and Stable Diffusion in the market, creativity in various fields such as literature, art, and drama has become more feasible and efficient, injecting vitality into the cultural industry. However, the rapid advancement of AI technology has sparked debates on whether copyright can be granted for AI-generated content. Despite numerous copyright disputes, there is still a lack of concrete research on this issue. The aim of our research is to establish a foundation for determining whether copyright can be recognized for content created through generative AI. According to recent legal precedents, for content created by generative AI to receive copyright protection, the extent of human involvement in the creation process serves as the determining factor. To this end, we will examine legal cases from South Korea, the United States, and China, reviewing current legal frameworks and cases to lay a theoretical foundation. Our research has identified key issues such as the originality standards for AI-generated content, the degree of human intervention required, and whether AI can be recognized as a copyright holder. We expect to make valuable and practical contributions to policymakers, legal experts, and practitioners in addressing intellectual property issues related to AI.
Keywords : Generative AI∣ Work∣ ChatGPT∣ Copyright∣ Legal framework
전체 내용 보기 
IJACT Vol.12 No.4
Article 연구/논문 
A Foundation for Legal Judgment on Copyright of Generative AI Content: Focusing on Copyright Disputes in South Korea, the United States, and China
AUTHORS
Hua-Qian Xie† ,Seung-Keun Song††
† Ph.D. Candidate, Dept. Visual Contents, Graduate School, Dongseo University, Korea
†† Professor, Dept. Visual Contents, Graduate School, Dongseo University, Korea
E-mail:songsk@gdsu.dongseo.ac.kr
Abstract
With the recent emergence of generative AI systems like ChatGPT, DALL-E, Midjourney, and Stable Diffusion in the market, creativity in various fields such as literature, art, and drama has become more feasible and efficient, injecting vitality into the cultural industry. However, the rapid advancement of AI technology has sparked debates on whether copyright can be granted for AI-generated content. Despite numerous copyright disputes, there is still a lack of concrete research on this issue. The aim of our research is to establish a foundation for determining whether copyright can be recognized for content created through generative AI. According to recent legal precedents, for content created by generative AI to receive copyright protection, the extent of human involvement in the creation process serves as the determining factor. To this end, we will examine legal cases from South Korea, the United States, and China, reviewing current legal frameworks and cases to lay a theoretical foundation. Our research has identified key issues such as the originality standards for AI-generated content, the degree of human intervention required, and whether AI can be recognized as a copyright holder. We expect to make valuable and practical contributions to policymakers, legal experts, and practitioners in addressing intellectual property issues related to AI.
Keywords : Generative AI∣ Work∣ ChatGPT∣ Copyright∣ Legal framework
전체 내용 보기
IJACT Vol.12 No.4