If AI Music Cannot Be Stopped, Bring It Into the System... Debate Over 'Human Creativity' Standards

KOMCA Revisits Trust Registration Standards
90,000 New AI Tracks Uploaded Daily
Simple Prompt-Generated Works Excluded from Registration
Disclosure Required: AI Tools, Methods, and Creative Contributions
Up to Triple Penalty for False Reporting

On the 22nd, at the National Assembly Members' Office Building in Yeouido, Seoul, presenters and discussants are discussing the registration of AI-utilized music works and the criteria for determining human creative contribution at the 'Discussion on Establishing Standards for AI-Utilized Music Rights Management.' Provided by the Korean Music Copyright Association

Even if music is created using generative artificial intelligence (AI), there is a move to include portions that are substantively created by humans within the scope of copyright trust management. Music generated solely by entering commands into AI would be excluded, but rights would be recognized only for sections where human creativity is acknowledged, such as in the processes of lyric writing, composition, or arrangement. With a rapid increase in AI-generated music, there is a full-fledged movement to reorganize the copyright management system based not on whether AI was used, but on the criterion of "substantive human creative contribution."

Seol Ji-Hye, Partner Attorney at HwaWoo, stated at the "Discussion on Establishing Standards for Music Trust Utilization of AI" held at the National Assembly Members' Office Building in Yeouido, Seoul, on September 22, 2026, "Music creation using generative AI has become an unstoppable trend. If it cannot be halted, we must institutionalize clear standards for incorporation as copyrightable works and provide regulatory oversight within the system."

The Korea Music Copyright Association implemented standards on August 3, 2026, allowing AI-generated music in which humans substantively participate to be registered for trust management. However, due to insufficient social consensus, this measure was rescinded on August 25 of the same year. The symposium on this day was held to publicly revisit the issues that arose at that time and to establish new standards.

The core of the proposed amendment is "reporting and evidence." To register music created using AI for trust management, applicants must specify the area in which AI was used, the tool name, the method of utilization, and the content directly created by humans in the application. If necessary, the creator must also provide evidence of the actual production process.

However, the degree of contribution by humans and AI will not be expressed numerically. This is because it is believed that, with current technology, it is difficult to objectively measure the contributions of each party as a ratio. Instead, the system will determine human creative contributions on a per-domain basis, such as lyrics or composition. For example, even if a song's composition was done by AI, if the lyrics written by a person are acknowledged as creative, only the lyrics portion can be registered as a copyrighted work, excluding the composition.

Production records, such as digital audio workstation (DAW) files, will be excluded from the basic required documents. Instead, if the Korea Music Copyright Association determines that further verification of AI involvement or human creative contribution is necessary, they may request related documents. Rather than requiring supporting evidence for every song, only select cases where verification is needed will be reviewed.

There will also be separate review procedures for works created using AI. If internal review is deemed necessary, the creator will be notified of the reason and granted a 30-day window to provide an explanation. The final determination will be made comprehensively, based on the submitted documents and technical verification results.

Sanctions for false reporting will also be strengthened. If an AI-generated output with no substantive human creative contribution is falsely reported as a human work, a correction will initially be requested. If the error is not rectified, the trust management contract can be terminated. Should a creator receive royalties by registering an AI-generated output that is not subject to copyright protection due to intentional misconduct or gross negligence, the entire amount of improper royalties must be returned. Additionally, following an internal review, a penalty of up to three times the improperly received royalties may be imposed.

Attorney Seol suggested, "In order to verify the fact of AI usage, the level of human creative contribution, and the intentionality behind false reports after the fact, it is necessary to secure relevant information from the earliest stage of the copyright trust process."

The challenge of verifying AI-generated music has already become a reality. During the symposium, it was revealed that between January 2024 and July 2025, four individuals registered numerous musical works and received a total of 16.3 billion won in royalties. Although the Korea Music Copyright Association reported the individuals, investigative authorities closed the case in July 2025 due to insufficient evidence. This was because there were not enough methods available to determine whether the registered music was AI-generated.

The Korea Copyright Commission recognizes creative contribution only if actions such as directly editing or uniquely arranging AI outputs—beyond simply entering commands or correcting typos—are performed. Similarly, the United States and Japan assess the degree of human involvement based on the process of selecting or editing results and the manner of composing prompts.

As AI rapidly permeates all aspects of music production, the burden on the market is also increasing. On global music platforms, an average of 150,000 new tracks are distributed each day. On French streaming service Deezer, an average of 90,000 fully AI-generated tracks were reportedly uploaded each day in June. Lee Jong-Pil, CEO of Newtune, stated, "A new rights management structure is required to respond to the mass distribution of AI music."

However, experts believe it is difficult to determine copyright eligibility solely based on AI detection technology. Currently, technology is primarily focused on detecting whether an entire song was generated by AI. Although recent research includes identifying AI involvement in specific areas such as vocals, accompaniment, or instruments, findings indicate that AI detection results should be used only as supplementary data when assessing human creative contribution.

Experts cite "standardization of production history" as the crucial precondition for establishing an AI music copyright framework. Professor Park Taeyong of Seokyeong University noted, "Under Korean law, falsely registering a work as copyrighted is punishable by up to three years in prison or a fine of up to 30 million won. However, since there is no standardized field for reporting AI involvement, it is difficult to determine whether submitted statements are false."

Professor Park proposed a system for structuring and cross-verifying records of human creative involvement, such as prompt input history and revision logs, with AI detection technology. He emphasized, "The rights to AI music depend not on who pressed the 'generate' button, but on the extent to which human creative contribution and a transparent permission path can be demonstrated. Works for which this cannot be answered cannot be considered assets of the creator."

This content was produced with the assistance of AI translation services.