인공지능(AI)의 문화예술법에 대한 도전과 입법적 응전

This study aims to propose legislative responses within the cultural and arts law domain to the legal challenges arising from the development of artificial intelligence (AI), positioned at the core of the Fourth Industrial Revolution. To achieve this goal, the study is structured into four parts. Firstly, the introduction discusses the positive and negative aspects of AI development from a legal perspective and introduces the structure and purpose of the paper (I). Secondly, through prior research, the study confirms that national and societal responses to AI development manifest in two directions: the utilization of AI and regulation, and analyzes the major issues accordingly (II). Thirdly, it examines not only the general legal challenges related to AI but also the specific challenges within cultural and arts law from an AI cultural perspective (III). Lastly, based on this analysis and review, the study proposes legislative amendments to the "Cultural Basic Act," the "Content Industry Promotion Act," and the "Copyright Act" (IV). In this paper, AI is considered a 'tool,' and the stance is taken that only those who participate in the creation of works using AI should be recognized as creators. Furthermore, it is argued that the unauthorized use or production of all works protected by the "Copyright Act" using AI is illegal, and the responsibility lies with the AI owner and user. Based on this position, the legislative outcomes related to cultural and arts law derived in this study can be summarized into three aspects. Firstly, it proposes the establishment of Article 7-2 in the "Cultural Basic Act" to promote the activation of AI in the cultural domain. Secondly, it suggests the establishment of Article 9-2 in the "Content Industry Promotion Act" to promote content production utilizing AI. Thirdly, it proposes amendments to certain parts of the "Copyright Act" to harmoniously address the utilization and regulation of AI in the cultural and arts field while protecting the rights of existing creators. The first and second proposals emphasize the aspect of AI being efficiently 'utilized' in cultural and arts creation, while the third proposal considers balancing the 'utilization and regulation' of AI in the cultural and arts field while keeping in mind the protection of creators' rights.