AI · SEMICONDUCTOR · FACT CHECK

SKD WIRE

EN WIRE · 2026-10-15 15:12

Copyright for AI-Translated Works: Protection Depends on Human Authorship

Partly True

Copyright for AI-Translated Works: Protection Depends on Human Authorship
Image source: 조사 출처

The question of whether works translated by AI qualify for copyright protection has drawn attention, and the answer is nuanced: copyright may apply only when sufficient human creative contribution is involved.

원문 주장 (KR)
AI가 번역한 작품에도 저작권이 있을까

Human Authorship Remains the Core Requirement

Under established copyright principles, protection attaches to works of human authorship. A translation is generally treated as a derivative work, and its originality depends on the translator's creative choices. When AI performs the translation with little or no human input, the output is unlikely to qualify for copyright protection, since the law does not recognize machines as authors.

Human Involvement Can Change the Outcome

Where a person substantially edits, revises, or directs an AI translation — exercising creative judgment over word choice, tone, and structure — the resulting work may contain enough human contribution to be protectable. In such cases, copyright would rest with the human contributor rather than the AI tool.

Uncertainty Persists

The legal treatment of AI-assisted translations is still evolving, and outcomes can vary by jurisdiction and by the degree of human involvement in any given case. Creators and publishers considering copyright claims over AI-translated material should therefore assess how much creative human input the work actually contains.

On balance, the claim that AI-translated works can hold copyright is Partly True.

Sources — primary documents (12)
  1. https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%80%EC%9E%91%EA%B6%8C%EB%B2%95/%EC%A0%9C5%EC%A1%B0
  2. https://www.law.go.kr/LSW//lsInfoP.do?lsiSeq=283335&urlMode=lsHtmlR&viewCls=lsScPubR
  3. https://www.copyright.or.kr/business/counsel/auto-advice-service/practice/detail.do?counselSeq=3638&categorySeq=0
  4. https://casenote.kr/%EB%8C%80%EB%B2%95%EC%9B%90/2005%EB%8B%A444138
  5. https://www.copyright.or.kr/information-materials/publication/research-report/view.do?brdctsno=54253
  6. https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdf
  7. https://www.copyright.gov/newsnet/2025/1060.html
  8. https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-5233.pdf
  9. https://ipwatchdog.com/2026/03/02/supreme-court-denies-thalers-latest-attempt-register-copyright-ai-generated-image/
  10. https://www.mayerbrown.com/en/insights/publications/2026/03/supreme-court-denies-review-in-ai-authorship-case
  11. https://english.bjinternetcourt.gov.cn/pdf/BeijingInternetCourtCivilJudgment112792023.pdf
  12. http://www.newstheai.com/news/articleView.html?idxno=3962

KR: /news/20261015-c57a08 · 판정: 부분 사실