Copyright Norms And Criminal Policy In EU AI Law

“Chaos is order yet undeciphered” is a quote from the movie Enemy, directed by Denis Villeneuve. With the advent of AI, the norms of our society are in a state of chaos. This is because it is not easy to incorporate human-created creations into the human-centered normative order. In such a situation, our society demands orderly norms. However, AI technology is developing too fast. Therefore, it is quite difficult to interpret AI and build a normative system. In the field of culture and art, there is an established normative system. AI is having a rapid and direct impact on the cultural and artistic fields, and the scope of its effects is gradually expanding. The EU Artificial Intelligence Directive is the starting point for generative AI norms in the field of culture and the arts. We are beginning to see order out of chaos. And those involved in the cultural and artistic sector are hoping that criminal law will play an important role in this chaotic situation. Therefore, this paper examines the new normative system that is being established in the field of culture and art in relation to the emergence of generative AI, and considers the role of criminal policy in this new normative system. The newly established norms of generative AI should also contribute to the protection of rights holders' rights and the development of culture and industry, which are the values of laws in the field of culture and art, such as copyright laws. In this regard, the first problem is that legal norms that take AI into account are still not properly created in Korea, and the second is that criminal policy has not yet found a way to fulfill its purpose. Although criminal policy cannot directly lead the development of AI-related culture and industry, it can protect the rights of rights holders and respond to adverse effects caused by AI. However, the values of criminal law, such as penal statutoryism, last resort, complementarity, and piecemealness, are still important in expanding the range of penalties. Criminal jurists should also actively participate in the emerging normative framework for AI in culture and the arts. We cannot afford to be swallowed up by the chaos of uninterpreted normative frameworks for AI in culture and the arts before they are even established.