Fair Use Standards for Training Generative AI on Copyrighted Works to Be Released

Guide Prepared by Ministry and Copyright Commission
Explanatory Session Scheduled for December 4

The Ministry of Culture, Sports and Tourism and the Korea Copyright Commission announced on December 2 that they have prepared a guide outlining the standards for the use of copyrighted works in the training process of generative AI. An explanatory session will be held at the National Folk Museum of Korea in Seoul on December 4.

This guide is a result of the growing need for guidelines as controversies over unauthorized use of copyrighted works for generative AI training have intensified recently. It presents criteria for determining under what conditions the use of copyrighted works in AI development can be recognized as fair use.

The two organizations formed a special subcommittee this year to discuss the issue. On November 27, they shared a draft with the committee members at a general meeting and finalized it after expert review.

The guide interprets how the four factors of fair use apply to generative AI training: the purpose and character of the use, the nature and purpose of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market value. It explains, with examples, cases where fair use may be recognized and situations where it is unlikely to apply.

A representative of the commission said, "We plan to supplement the contents by reflecting opinions from the explanatory session and publish the guide within the year."