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Recent Trends in Government and Industry Actions Regarding Copyright Issues in Generative AI

2024.04.25.

On December 27, 2023, the Ministry of Culture, Sports and Tourism and the Korea Copyright Commission published the “Guideline on Copyrights for Generative AI” (the “Guideline”). They announced on April 15, 2024 that an English version of the Guideline will be distributed this year through various international forums, starting with the World Intellectual Property Organization (WIPO) and the Standing Committee on Copyright and Related Rights (SCCR).


Generative AI models are a type of artificial intelligence capable of generating various outputs using deep learning technology based on large datasets. One notable feature of generative AI is that its outputs are similar in quality to, and can be indistinguishable from, works created by human authors. Generative AI has been rapidly advancing since its introduction in November 2022 with models such as ChatGPT, Gemini, Stable Diffusion, and DALL·E3 leading the way. As the rapid development of generative AI technology is likely to increase the prospect of related legal disputes involving copyright issues, the Korean government published the Guideline to identify copyright related issues and to provide a government-proposed approach to address these issues.


This legal update summarizes the key elements of the Guideline and the concerns from the AI industry regarding the Guideline, and reviews amendments to the Guideline proposed by the KOSA Council for the Promotion of Super-Giant AI  (the “Council”).