브레스저널 The Breath Journal

This article was translated automatically from the Korean original. Read the original in Korean

Whose Labor Is the Opt-Out Request Form?

곽동현·Published 2026-05-19 13:08 KST
What the opt-out guide and the fair use handbook reveal about how costs are actually shared
Requesting exclusion from AI training has become another round of overtime for creators
Requesting exclusion from AI training has become another round of overtime for creators / ⓒ Breath Journal

The day of a person who draws is mostly divided into two kinds of labor. Time spent drawing, and time spent protecting what has been drawn. Until a few years ago, the latter meant reporting unauthorized use. These days the procedure for requesting that one's own drawings be excluded from artificial intelligence training has been added to that list.

The opt-out guide released by the Personal Information Protection Commission is a document that lays out the framework of that procedure. Opt-out refers to a method in which the person concerned directly files a request that their data not be used for training. Around the same time, the Ministry of Culture, Sports and Tourism issued a handbook setting out how far to read fair use, the exception that allows works to be used without the copyright holder's permission. A survey showing that creators' income has fallen was released in the same period.

Placing the three developments side by side shows that the axis of the debate has moved. The question long addressed was whether to permit innovation or control it. What is actually being decided now is who pays the cost of this technology. And the current design passes a substantial share of that cost to individuals.

Opt-out looks like a right, but in practice it is closer to a task. Tracking where one's own work has been posted, finding and filling out forms that differ by operator, and checking the outcome of processing all fall to the creator. Selectively reversing only the influence of particular data in a model whose training is complete is also not technically simple. It means that even when a request is accepted, it takes effect only from the next model.

The argument on the other side is not easy to dismiss. If prior consent is established as the principle, securing training data is effectively blocked, and that burden falls more heavily on domestic developers than on foreign operators with deep capital. There is also grounding for the warning that the result of barring data use comes back to domestic creators. Even so, the premise that the only options are prior consent and opt-out does not hold.

Several intermediate designs exist, such as after-the-fact compensation, delegation of rights at the association level, and disclosure of the categories of data used in training. These approaches return the burden to the operators without halting development. The fair use handbook is also only a guide to interpretation and does not substitute for a conclusion in court. If disputes arise while the rules remain blurry, the side that can bear litigation costs gains the advantage.

So what to watch is whether the sentences in the handbook move into actual contracts. The signals are what wording the training use clause takes in platform terms of service, and whether the scattered request channels are gathered into one place. If these two do not move, the guide remains a declaration.

The better the technology gets, the more time spent drawing should increase. Right now it is the reverse. If more people are spending their small hours filling out training exclusion request forms, something has been filled out wrong somewhere. Reading the training use clause in the terms of service once before uploading a single drawing is one of the few handles an individual can hold.

Kwak Dong-hyun, reporter · Breath.Tech

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