English Version of "Guide to Fair Use for AI Training of Works" Distributed
Presented at WIPO Meeting
Leading International Discussions
The Ministry of Culture, Sports and Tourism announced on the 18th that it has produced and distributed the English version of the "Guide to Fair Use under Copyright Law for the Training of Generative Artificial Intelligence (AI) Works."
This guide presents various criteria and considerations for determining the application of fair use regulations under copyright law to the training of generative AI using copyrighted works. After publishing the Korean version in February, the Ministry created the English version to take the lead in international discussions.
The guide details four factors considered in fair use determinations: the purpose and character of use, the nature and purpose of the copyrighted work, the proportion and significance of the portion used, and the impact on the market or value.
The guide illustrates fair use recognition through hypothetical cases; however, actual decisions are made by courts based on the specific facts of each case.
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The Ministry will introduce the guide at the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights, held in Geneva, Switzerland, from May 18 to 22. It also plans to meet with major countries such as the United States and China to share the content and discuss policy cooperation.
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