Earlier this summer, I gave a talk in Seoul, Korea regarding how the United States actually has two copyright policies: one domestic and one foreign. These policies differ both in terms of how they are formulated, and what they say. Although these two policies have started converging, they still aren’t the same.
The talk occurred at a conference on “The Creative Economy and Intellectual Property” hosted by the Korean Institute for Intellectual Property and the Korean Intellectual Property Office. The conference reflected South Korean President Park’s initiative to promote a “creative economy” in Korea, which I suppose is an effort to distinguish Korea from the perceived “imitative economies” of other Asian countries such as China. At the conference, strong intellectual property protection was portrayed by the hosting organizations as critical to encouraging the development of a creative economy.
I was asked to talk about the U.S. government policy for promoting a creative economy. I explained that the U.S. actually has distinct domestic and foreign copyright policies, and explored how they have differed, both in terms of process (how they are formulated) and substance. My conclusion was that the domestic copyright policy promoted a creative economy in the United States, while the foreign copyright policy did not do so abroad.
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