Study on Limitations of Economic Copyright in the Age of Generative AI under South Korea’s Copyright Act

Abstract

With the rapid advancement of generative AI technologies, issues concerning copyright and the fair use ofcopyrighted works have grown increasingly complex. Despite the heightened attention to these challenges, clearlegal frameworks to effectively address them remain lacking. In response to this gap, this paper is designed toserve as a starting point for research on balancing copyright law and the fair use of generative AI. This studyexamines the limitations of economic rights under South Korea’s Copyright Act and explores ways to align AIgeneratedoutputs with the existing legal system. In particular, the relevance between the limitations on economicrights and generative AI is quantified using a Ricardian-type scale. Additionally, it highlights the importance ofaddressing access to copyrighted works during the training of generative AI, particularly in data mining, wherereproduction and transmission may occur without authorization from rightsholders. By investigating these issues,the study seeks to contribute to developing a more coherent and adaptable legal framework suited to the era ofartificial intelligence.