South Korea Overhauls Copyright System for the AI Era

South Korea is undertaking a comprehensive overhaul of its copyright system to address the challenges and opportunities presented by artificial intelligence (AI). This initiative, spearheaded by the Ministry of Culture, Sports, and Tourism (MCST), aims to foster coexistence between the AI and cultural industries while protecting the rights of creators.

Copyright Reform for AI-Generated Content

The MCST announced plans to establish new standards for copyright protection and utilization of AI-generated works. This comes in response to increasing conflicts between existing copyright frameworks and the rapid evolution of AI technology. Key components of the reform include:

• Revised AI-generated content registration standards
• Clear guidelines for utilizing AI-created works
• Updated copyright protection measures for AI-generated content

The government as well intends to ensure transparency in the training data used by AI models and guarantee fair compensation for original creators. An AI-driven content industry strategy, focused on sharing digital cultural resources with the private sector, is expected to be launched within the year. Ministry of Culture, Sports and Tourism

“Cultural Korea 2035” Vision

The copyright overhaul is part of a broader mid-to-long-term cultural vision called “Cultural Korea 2035.” This plan encompasses sweeping reforms across the content, tourism, and sports industries, with a strategic framework designed to proactively address AI’s impact on culture and the arts. The plan also considers the challenges posed by South Korea’s low birth rate and aging population. The Korea Post

Fair Utilize Guidelines for Generative AI

To provide clarity on the application of copyright law to AI learning processes, the MCST and the Korea Copyright Commission (KCC) jointly published a “Guide to ‘Fair Use’ under the Copyright Act for Learning Works of Generative Artificial Intelligence.” This guide addresses the definition of fair use – cases that do not conflict with the normal exploitation of a copyrighted work and do not unfairly harm the legitimate interests of the author – in the context of generative AI. The guide examines four key factors:

• Purpose and nature of use: Considers transformative use, profit motives, and the circumstances of use.
• Type and use of the work: Evaluates whether the original work is factual or creative, and whether it is published or unpublished.
• Proportion of production and its importance: Assesses the quantity and qualitative significance of the used portion of the original work.
• Impact on the market or value of the copyrighted work: Determines whether the use of the copyrighted work replaces existing or potential markets.

The guide provides hypothetical examples to illustrate scenarios where fair use may or may not be recognized. These examples are not definitive legal interpretations, and final judgments will be made by courts based on specific facts. The Chosun Biz

Supporting Infrastructure and Dispute Resolution

The KCC will establish a new AI-specialized counseling, advisory, and dispute resolution window to support responses to copyright disputes arising from generative AI learning. The government is implementing several supporting measures, including:

• Establishing new ‘Type 0’ and ‘Artificial Intelligence Type’ classifications for public domain usage permissions (January 28, 2026).
• Creating a foundation for providing and distributing rights information to reduce transaction costs for verifying data ownership.
• Providing copyright rights information through an integrated system for AI learning data.
• Strengthening policy support for activating learning data transactions and utilizing AI learning data, including R&D tax credits for the purchase of AI learning data.

Looking Ahead

The South Korean government emphasizes its commitment to continuous improvement and adaptation of these guidelines, reflecting new precedents and technological advancements. Collaboration between the industry, related ministries, and the AI Strategy Committee will be crucial in fostering an ecosystem where the content and AI industries can coexist and thrive. Kim & Chang