South Korean Copyright Office Issues AI Guidance

In June 2025, South Korea's Ministry of Culture, Sports and Tourism and the Korea Copyright Commission released two guides related to the intersection of artificial intelligence ("AI") and copyright law. These guides, the "Generative AI Works Copyright Registration Guide" and the "Copyright Dispute Prevention Guide for Generative AI Results," cover, respectively, the copyright registration of works which are created with generative AI as well as how to avoid copyright disputes that may arise through the use of generative AI.

Generative AI Works Copyright Registration Guide

Introduction and Purpose
This guide establishes comprehensive standards and procedures for the copyright registration of works created using generative artificial intelligence ("GAI") in Korea. It addresses the growing challenge of distinguishing between works created solely by humans, those that utilize GAI with human creative input, and pure GAI outputs, as generative AI technology becomes more accessible and widely used.

Key Definitions and Principles
A "work" is defined as as a creation that expresses human thoughts or feelings, requiring a clear element of human creativity for copyright protection. The "author" is the individual who actually creates the work, not someone who merely provides ideas or materials. "Generative Artificial Intelligence" (GAI) is defined as AI that generates content—such as text, images, audio, or video—based on user prompts. The two definitions are not identical.

Classification and Copyright Eligibility
A clear distinction is made between pure GAI outputs and works with human creative input. Pure GAI outputs, which lack any human creative contribution, are not eligible for copyright protection. However, if GAI is used as a tool and there is evident human creative input—such as through modification, selection, arrangement, or creative prompting—then the resulting work can be registered for copyright. The guide provides practical examples where human creativity is recognized, including iterative refinement, inpainting, or the combination of GAI outputs with original human-created elements. Simply entering a prompt is generally not considered a creative contribution unless it involves significant creative decision-making and control over the output.

Registration Process and Legal Effects
The guide details the registration process and its effects. While copyright arises automatically upon the creation of a work, registration offers important legal advantages, such as the presumption of authorship, the ability to claim statutory damages, and priority in the event of disputes. When registering a work involving GAI, applicants must clearly distinguish between the GAI-generated parts and the human-created parts, specifying the scope of protection. Only the human creative contributions are protected under copyright; the GAI outputs themselves are not. The registration authority conducts a formal review, not a substantive examination, focusing on the documentation provided.

Case Studies and Practical Guidance
To illustrate these principles, the guide includes a number real case studies of registered works where GAI was used as a tool, detailing the creative process and the specific human contributions that justified copyright registration. The frequently asked questions section clarifies that GAI outputs alone cannot be registered, but editorial works—where human creativity is evident in the selection or arrangement of materials—may be eligible. The guide also addresses issues such as the copyright period, authorship, and the importance of documenting the creative process.

Application Instructions and Warnings
The appendix provides detailed instructions for filling out the copyright registration application, including how to describe both the GAI outputs and the human creative contributions. The guide strongly cautions against falsely registering GAI outputs as human works, warning that such actions can result in legal penalties.

Overall Objective
Overall, the guide is designed to promote human creativity and provide clear, actionable standards for copyright protection in the era of AI, while ensuring alignment with international treaties and evolving legal standards.

Copyright Dispute Prevention Guide for Generative AI Results

Overview and Purpose
In contrast, this guide focuses on preventing copyright disputes that may arise from the use of generative AI outputs. It is intended for a broad audience, including rights holders, users, and AI businesses, and provides practical advice and legal context under Korean law as of June 2025.

Copyright Law Fundamentals
The guide opens with an overview of copyright law, explaining the basics of copyright, neighboring rights, exclusive publishing rights, and the rights of database creators. It details the scope of both moral and economic rights, the duration of protection, and the remedies available for infringement, which include civil and criminal sanctions as well as dispute mediation.

Generative AI and Copyright Infringement
The guide defines GAI as AI that generates content based on user prompts and distinguishes between "GAI outputs," which are results with no human creative contribution, and "GAI utilization works," where human creativity is present. It highlights the technical features of GAI, noting that outputs can sometimes closely resemble or even replicate training data, which increases the risk of copyright infringement.

Legal Criteria for Infringement
The legal criteria for determining copyright infringement are outlined in detail. Infringement is assessed based on dependency—whether the creator had access to and relied on the original work—and substantial similarity, which focuses on whether the expression (not just the idea) is similar. The guide discusses the complexities of determining liability, noting that both users and AI service providers may be held responsible depending on their level of involvement and knowledge of the original work.

Guidelines for Stakeholders
The guide offers tailored guidelines for different stakeholders:

• Rights Holders: Encouraged to use technical and legal measures to prevent unauthorized use of their works in AI training, such as implementing robots.txt files, embedding metadata, and making explicit refusals for AI training.
• Users: Advised to avoid entering prompts that directly reference specific works or characters and to exercise caution when using or distributing GAI outputs, especially for commercial purposes, as they are responsible for ensuring their outputs do not infringe on third-party rights.
• AI Businesses: Recommended to implement technical safeguards—such as filtering, prompt reinterpretation, and deduplication—secure licenses for training data, and clarify liability in their terms of service agreements. The guide also stresses the importance of using legally cleared datasets and providing clear user guidance.

Terms of Service and User Responsibility
The guide reviews typical terms of service clauses, emphasizing that users are generally responsible for ensuring their use of GAI outputs does not infringe on others' rights. Some AI service providers offer indemnification under certain conditions, but users must comply with service guidelines to benefit from such protections.

Appendices and Common Questions
In its appendices, the guide addresses common questions, such as whether GAI outputs are eligible for copyright, the distinction between style and expression, considerations for fair use, and the application of Korean law in cross-border disputes. It clarifies that only works with human creative input are eligible for copyright, and that the final determination of infringement or fair use rests with the courts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.