South Korea expands international outreach on AI copyright guidance

The guide outlines legal tests for fair use decisions and potentially limits protection for heavily protected materials.

Korea issues English guide on AI training fair use.

South Korea’s Ministry of Culture, Sports and Tourism has released an English version of its guide on fair use for training generative AI models. The document outlines how copyrighted materials may be used under existing legal frameworks for AI training purposes.

The guide outlines four legal factors used to assess fair use, including purpose, type of work, amount used, and market impact. According to the guide, AI training may qualify as fair use in some cases where it creates new value and does not negatively affect existing markets.

The guide provides examples of uses that may or may not qualify as fair use under current copyright rules. According to the guide, systems that reproduce substantial copyrighted content without transformation are less likely to qualify as fair use.

The ministry said it plans to discuss the guide internationally, including through cooperation initiatives linked to the World Intellectual Property Organization, as part of broader policy engagement efforts in Seoul, South Korea.

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