A Study on the Conflict of Understanding Between Copyright Law and Fair Use in the Publishing Industry in the Age of Artificial Intelligence : Focusing on Case Analysis of Digital Archives and Fair Use Doctrine for Data Usage

This study aimed to grasp the conflict between copyright law and fair use in the AI era, focusing on cases within the publishing industry. Through an analysis of digital archive cases in the publishing field, we sought to examine the legal and institutional preparedness required for fair use and copyright in the age of artificial intelligence. For this end, a case analysis of digital archives was conducted, focusing on the Korean Classical Literature Comprehensive Database Construction Project and the Corpus Project, both of which provide training data for generative AI. The results revealed that digital archives, as public goods, can serve as crucial training data resources in the AI era. However, it was also identified that copyright infringement issues may arise within digital archives intended for public use. Second, the study assessed the validity of fair use principles in generative AI and proposed the need for new content licensing agreements between media and tech companies, the establishment of AI-related compensation systems, and a reexamination of copyright laws. Finally, we explored what efforts should be made at both the private and government levels regarding future legal and institutional preparations for AI. This study provided foundational data for subsequent research through diverse case analyses of digital archives and presented its limitations and recommendations.