Deepfakes: Challenges to Intellectual Property Rights in South Korea

Abstract Deepfake technology has rapidly evolved, enabling the seamless manipulation of facial expressions, voice tones, and lip movements, making it increasingly difficult to distinguish real from fake content. While deepfakes offer creative potential in entertainment, they also present significant challenges to intellectual property rights. This article explores the legal landscape of deepfakes in South Korea, focusing on copyright infringement, the right of publicity, and regulatory measures. It examines how deepfakes exploit copyrighted materials without authorization, raising concerns about unauthorized reproduction and derivative works. Additionally, the article discusses the misuse of deepfake technology for commercial gain and personal violations, such as deepfake pornography. South Korea has responded by enacting the AI Basic Act, inspired by international regulations, to mitigate these risks through transparency requirements and labeling obligations. The study highlights the urgent need for proactive legal frameworks and enforcement strategies to address the growing challenges posed by deepfakes.