Korea MCST, 18 May 2026: no text-and-data-mining exception, fair use of copyrighted works for AI training is judged case by case (Ministry of Culture, Sports and Tourism press release of 18 May 2026, Guide on Applicability of the Fair Use Doctrine to Training of Generative AI Models (English version))
For copyright, the Ministry applies the general fair use clause (Copyright Act Art. 35-5) to AI training and its page describes no separate text-and-data-mining exception. Commercial AI training is not automatically excluded from fair use, but there is no safe harbour and courts decide; this concerns copyrighted works, not the privacy rules above.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“In particular, the guide clarifies that AI training conducted for commercial purposes or through web-crawling [3] methods is not automatically excluded from fair use, and that fair use is determined comprehensively based on how each factor weighs for or against a finding of fair use.”
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide