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The South Korean government has issued 'fair use' criteria for generative AI's learning of copyrighted works. While aiming to resolve AI copyright infringement disputes through four criteria—purpose, nature, amount, and market impact—creators' concerns persist.

Government Announces 'Fair Use' Guidelines for AI Learning

Last month, the South Korean government published 'Guidelines for Fair Use of Copyright Law regarding Generative AI's Learning of Copyrighted Works,' presenting criteria for AI's 'fair use' of copyrighted materials for learning. Fair use is an exception in copyright law that allows the use of copyrighted works without the rights holder's prior permission, provided it does not conflict with the work's ordinary use or unduly harm the author's legitimate interests. This initiative addresses copyright infringement controversies arising from generative AI's use of individual creative works for training.

Four Criteria and Examples for Fair Use Determination

To qualify as fair use for AI learning, the use of copyrighted material must pass four strict criteria. First, the purpose and character of the use must involve 'transformative use,' imparting new meaning or public value, rather than merely replicating the original. Second, the nature and type of the copyrighted work mean that factual or informational works, like news articles, are more likely to be considered, while artistic works with strong creative expression are less so. Third, the amount and substantiality of the portion used consider whether the extent of use was reasonably necessary to achieve the transformative purpose. Finally, the effect upon the potential market for or value of the copyrighted work dictates that the AI's output must not directly harm the original content market. For example, using public data for non-profit research is likely considered fair use, but collecting entire news articles without media consent to provide an AI summary service is strictly prohibited.

Creator Concerns Amid Discussion of 'Exclusive AI Foundation Model'

Despite the government's clearer guidelines, creators remain anxious, expressing concerns that the measure might grant companies a 'carte blanche.' The proposed exemption from criminal liability for companies developing an 'exclusive AI foundation model' is particularly predicted to escalate creators' opposition. In response, an official from the National AI Strategy Committee clarified that this is an initial discussion phase to reduce excessive criminal liability risks, while the civil compensation system for original authors will be maintained. This project aims to be a national representative initiative contributing to the domestic AI ecosystem, with structural limitations of the current copyright law also being considered.

*Source: 더팩트 (2026-03-13)*

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