인공지능 창작물에 대한 법적취급 차별화 방안 검토-‘방식주의’의 도입을 중심으로-

Artificial intelligence produces works on a level that is almost the same as human-created works. However, in the case of artificial intelligence generated works, the personality of the author does not appear in the light of the essence of the copyright system. Also, since 'creative labor' comes from author's personality, it is not reasonable to apply the copyright system for artificial intelligence generated works without the protection on personality of artificial intelligence itself. 'Willingness and intention as an author', which is the basis of creative incentives, is also not compatible with artificial intelligence. Therefore, artificial intelligence generated works should not be treated the same way as Creatures by humans, but differentiated. There is no need to protect artificial intelligence generated works in terms of whether they should be "protected" in light of the intent of the copyright system. However, it is recognized that it is necessary to protect the investment to create and develop artificial intelligence generated works. Therefore, if a certain protection is given to artificial intelligent generated works, the subject who enjoys the protection can be a person who invested heavily in the production of the artificial intelligence generated works. For them, the weakened protection such as monetary claim is more appropriate than the exclusive rights such as copyrights. On the other hand, if a person who has control over an artificial intelligence generated works claims to be his or her own creation, it would be very difficult to reveal the truth unless there is a system to identify the artificial intelligent generated works. Therefore, in order to differentiate the legal treatment of artificial intelligence generated works, identification system is needed so that users can distinguish artificial intelligence generated works from human creatives. For artificial intelligence generated works, automatic and compulsory identification systems are introduced to distinguish human artworks from them.