음성권과 인공지능(AI)에 관한 試論

초록

In the era of artificial intelligence, human voice can be reviewed in the areas of criminal law, intellectual property law, and data law, and the most widely protected is the civil law area. This is because infringement of right on voice can constitute tort. Artificial intelligence is currently subordinate to operators that provide artificial intelligence services. Based on the current service situation of artificial intelligence, it is not considered appropriate to regard AI as an independent juristic person. In this paper, I have a glimpse of the legal issues on voice that can be discussed in relation to artificial intelligence. The summary is as follows. ① The right on voice are recognized even when artificial intelligence uses only sound, not speech content, but at present, it is difficult to say that artificial intelligence itself has the right on voice. ② If artificial intelligence legally collects from the subject of voice and processes voice, there is no problem of infringement of the right on voice, but if it is used beyond the purpose of consent or transmits voice to a third party, there is a possibility of infringement of the right on voice. In some cases, the use of voice by artificial intelligence may constitute copyright infringement or unfair competition. Even if artificial intelligence uses the voices of deceased people or public figures, there are certain restrictions. ④ If artificial intelligence is recognized to have a separate legal entity in the future, a new review is needed according to the era and service content. It is possible to consider a new concept such as electronic juristic person accordingly, but this is not easy to judge. In the future, it seems that issues that have not been foreseen will arise when artificial intelligence provides various services using voice. Based on an accurate understanding of the current legal system, new challenges should be reviewed properly.

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