TLDR: South Korea’s Ministry of Culture, Sports and Tourism has distributed English versions of its guides on AI copyright registration and dispute prevention. These guides clarify that only human-authored content is eligible for copyright protection, with AI-generated works requiring significant human creative contribution for registration.
The South Korean Ministry of Culture, Sports and Tourism, in collaboration with the Korean Copyright Commission, has recently made available English versions of its comprehensive guides concerning artificial intelligence (AI) copyright registration and the prevention of related disputes. This initiative aims to provide clarity and guidance to both domestic and international stakeholders on the evolving landscape of intellectual property in the age of generative AI.
The core principle reiterated in these guides is that copyright protection is exclusively reserved for works of human authorship. According to the guidance, ‘only a natural person can become an author,’ and ‘copyright registration for an AI output is impossible if a human did not contribute creatively to the expressive form.’ This stance aligns with a broader international consensus emerging from various copyright offices, including the U.S. Copyright Office, which also emphasizes the necessity of human creative input for copyright eligibility.
The guides address critical questions surrounding the copyrightability of AI-generated content, distinguishing between AI as an assistive tool and AI as the sole creator. If AI merely aids a human author in the creative process, the output may still be copyrightable. However, content generated entirely by AI, without substantial human creative intervention in its expressive elements, will not be eligible for copyright protection. This includes scenarios where human-authored elements are incorporated into AI-generated output, or where a human creatively arranges or modifies AI-generated material.
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This move by the South Korean Culture Ministry underscores the global effort to establish clear legal frameworks for AI-related intellectual property, aiming to foster innovation while protecting the rights of human creators. The distribution of English versions suggests an intent to contribute to international discussions and provide accessible information to a wider audience grappling with the complexities of AI and copyright law.
