Only humans have IP protection for now

Q: How is AI copyright protected under current laws and regulations? A: Current patent laws, as outlined in Article 33 of the Patent Act, stipulate that patents can be granted to the 'person' responsible for inventing or their legal successors. Consequently, patent law restricts inventors to individuals (natural persons). Regarding copyright, Article 2, Paragraphs 1 and 2 of the Copyright Act define 'work' as a creative expression of thoughts or emotions by a 'human being.' The law explicitly specifies that AI, being non-human, cannot be considered the author of a work. Nevertheless, patent rights or copyrights can be granted to inventions or creations made with the assistance of AI, provided that they incorporate human creative efforts. The U.S. Copyright Office has been developing guidelines on this matter since March of the previous year. Q: It appears there are ongoing discussions about the recognition of AI copyright. Can you provide more insight? A: On December 21, 2020, a group of 11 individuals, including Representative Joo Ho-young, proposed a legislative amendment to the National Assembly to introduce the concept of 'AI work' explicitly into the copyright law system. This proposed amendment acknowledges not AI itself but rather those who create works utilizing AI services, as well as AI producers and service providers who contribute creatively to AI work production, as the eligible subjects of copyright. Additionally, AI-generated creations will be categorized as special works and protected for a period of five years. The matter of whether to grant exclusive rights to AI-generated output or to recognize AI as the inventor or creator itself is a topic that must be addressed through societal discourse, consensus-building, and legislative action. Q: Concerns arise when AI learns from existing creative works, potentially infringing upon copyright. Are there efforts to mitigate this issue? A: Challenges related to the infringement of third-party rights during the development of learning datasets have emerged. To address this concern, the recent revision of the Unfair Competition Prevention Act has included data illegal acquisition as a form of unfair competition. While there is increasing clarity regarding data protection, there remain uncertainties regarding the extent to which data can be ethically collected and employed for AI learning purposes. The establishment of AI-related technology is a pivotal factor that can impact a nation's competitiveness in the future. Consequently, there is a pressing need to create an environment that actively encourages AI development through institutional support.