Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

The Effect of Intellectual Property Regulation of AI Training Data on AI Capital Accumulation

Director, Public Finance Strategy Institute, Republic of Korea

Correspondence to Jaehyun Kim (kjaihyun@daum.net)

Volume 21, Number 3, Pages 393-419, September 2026.
Journal of Intellectual Property 2026;21(3):393-419. https://doi.org/10.34122/jip.2026.21.3.393
Received on July 31, 2026, Revised on September 08, 2026, Accepted on September 22, 2026, Published on September 30, 2026.
Copyright © 2026 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

This study quantitatively examines how the level of intellectual property protection over artificial intelligence (AI) training data affects AI capital accumulation. Korean copyright law provides no explicit exception for text and data mining; therefore, using protected works for AI training depends on ex-post interpretation of the general fair use provision. Drawing on a review of domestic and foreign regulations and disputes, the study identifies two channels through which protection operates: rising costs at the data procurement stage and binding constraints at the training stage. This distinction is consistent with 2025 U.S. court decisions that assess AI training separately from data acquisition. A dynamic general equilibrium model incorporating a Lucas span-of-control structure represents these channels as policy parameters and simulates how changes in protection affect aggregate output and knowledge capital, the model’s representation of AI capital. Under the baseline calibration, tightening protection by 20 percent reduces the knowledge capital stock by 17.1 percent and output by 3.4 percent, with the training-stage channel accounting for the larger share of the overall effect. This effect arises primarily from reduced use of knowledge capital rather than substitution toward labor.
Keywords

AI training data, intellectual property regulation, text and data mining, dynamic general equilibrium model, digital market competition, AI capital

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Section