- Following the Korean release in February, the English version will be distributed globally at major  international events

- Korea aims to lead international discussions on applying fair use doctrine to AI training using copyrighted works

The Ministry of Culture, Sports and Tourism (Minister CHAE Hwi-young, MCST) will release and distribute worldwide the English version of the “Guide on Applicability of the Fair Use Doctrine to Training of Generative AI Models” (“Fair Use Guide”) on May 18. Originally published in Korean this February,  the guide serves as a key reference providing criteria and considerations for determining whether fair use provision[1] under Korea’s Copyright Act applies to generative AI training.

Fair Use Guide Developed through Extensive Stakeholder Consultation

To develop the Fair Use Guide, the MCST established a special sub-group under the AI–Copyright Law Working Group (ACLWG) in September last year and conducted a survey of AI developers and rights holders to assess stakeholder perspectives. From November, the Ministry also held consultations for approximately three months with relevant government bodies, including the Ministry of Science and ICT and the National AI Strategy Committee.

In addition, on December 4, the Ministry held a public briefing session to unveil the draft guide and gather feedback. After comprehensively reviewing and reflecting the various opinions raised during this process, along with expert discussions, the MCST published the Korean-language version of the Fair Use Guide this February. The English version was produced to share Korea’s policy efforts with the world and to help lead international discussions on fair use in generative AI training.

Clarifying the Four Factors for Fair Use Assessment, with Case Studies

The Fair Use Guide includes explanations of the four factors[2] considered when assessing fair use in the context of training generative AI models. In particular, the guide clarifies that AI training conducted for commercial purposes or through web-crawling[3] methods is not automatically excluded from fair use, and that fair use is determined comprehensively based on how each factor weighs for or against a finding of fair use.

To enhance practical understanding, the guide also presents hypothetical cases in which fair use may be found and cases in which it may be difficult to find fair use. However, these cases do not constitute authoritative interpretations by the MCST or the Korea Copyright Commission. Since fair use determinations are ultimately made by the courts based on specific facts, actual rulings may differ from the outcomes in hypothetical cases, even under similar circumstances.

Introducing and Distributing the Guide at International Meetings and Bilateral Talks

The MCST plans to actively distribute the English version through international organizations and events and promote its policy efforts. First, the Ministry will introduce the publication of the Fair Use Guide in Korea’s national statement at the Forty-Eighth Session of the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO), to be held in Geneva, Switzerland, from May 18 to 22. The Ministry will also share the guide’s key contents and discuss avenues for policy cooperation through bilateral talks with major countries attending the session, including the United States and China.

The English version of the Fair Use Guide is available for download on the official English websites of the MCST (www.mcst.go.kr/english), the Korea Copyright Commission (www.copyright.or.kr/eng), and the KOCIS Center (https://www.kociscenter.kr/eng/index.do).