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South Korea — AI × Entertainment Regulation

⚠️ Not legal advice. → Comparison by country The Korean government's original texts have not been checked. The following is based on commentary from law firms, the US Department of Commerce, and others (verification level B). Japanese edition: ../../../ethics-legal/by-country/korea.md

  • As a rule, using copyrighted works for AI training requires the rights holder's permission (unless an exception such as fair use applies)
  • The government is considering a text and data mining (TDM) exception in the Copyright Act, disclosure duties for training data, and publicity-right legislation. As of 2026 no amendment has passed, and creators have pushed back on the TDM proposal
  • A new usage category (2026) lets AI freely use certain government-held works, under conditions

AI Basic Act (effective January 22, 2026)

  • A framework combining promotion of the AI industry with baseline duties on trust, safety, transparency, and user protection
  • Labeling generative AI:
  • Inform users in advance that a service uses generative AI
  • Label outputs as AI-generated — especially outputs hard to distinguish from non-AI content (e.g., deepfakes)
  • Marks such as watermarks indicating AI generation
  • Labels that do not hamper the enjoyment of artistic or creative expression are also allowed (similar thinking to EU Art. 50(4))
  • Grace period: no fines for at least one year after entry into force (except for serious social harm)

Implications for entertainment businesses

  • 💡 When offering AI characters or generated content in Korea, prepare a notice at service start and labels on outputs. A common design with the EU and China covers them together
  • Korea is a large market for webtoons, games, and K-pop. Track the detailed labeling rules and when the grace period ends

Sources (checked 2026-09-25)

  • US Department of Commerce, International Trade Administration https://www.trade.gov/market-intelligence/south-korea-ai-basic-act
  • Cooley https://www.cooley.com/news/insight/2026/2026-01-27-south-koreas-ai-basic-act-overview-and-key-takeaways
  • Future of Privacy Forum https://fpf.org/blog/south-koreas-new-ai-framework-act-a-balancing-act-between-innovation-and-regulation/
  • Asia IP (guidance on training data and copyright) https://asiaiplaw.com/article/south-korea-issues-guidance-on-copyright-and-ai-training-data
  • IT Brief Asia (backlash to the TDM proposal) https://itbrief.asia/story/south-korea-ai-copyright-plan-sparks-creator-backlash