Are They Pirates or Pioneers?

24 Pages Posted: 12 Jan 2015

Date Written: December 15, 2014

Abstract

In a country where the money-monsters are not criticized and perceived like angels who can save the poor children, one the most profitable business is to use the consumption power of the Veblen-effected customers who are narrow-sighted and discriminatory. So called, the ‘license musicals’ bilaterally purchased from the Broadway, and Vienna are dominantly consumed in Korea. The buyers form the oligarchic industry in Korea, and run their own business, including the management company which trains, controls, and gives business to their actors, and boasts their long-term contractual relationship with the specific productions in the primary market. In Korea, those productions are the limited liability company (LL.C), and each has their style of selection; one favors the Broadway, another favors the European nobility in the 17-18 century, and the other favors the European knights’ fights in the earlier era. All of them are based on the Western old novels, adapted or transformed more than hundreds of times in the Western countries through various kinds of cultural formants, such as movies, TV dramas, plays, TV cartoons, ballets, and the merchandized products, and dramatico-musicals, etc, and sold internationally. Korean licensed musicals are the dramatico-musicals sold by some staggering Western musical productions, including their unlimited use and the void of the healthy application of the IP laws, due to their exclusivity of the dealing and undisclosed information towards the public. The paper argues how deceptive their arguments can be with the hidden purpose of the monetary benefits. The protection of the intellectual property right (IPR) is not applied when it is commercial; it only belongs to ‘unfair use’ no matter how expansive the royalty for the license is. In the US federal copyright law, licensing - permission to patron - is not subjected to the dramatico-musical; but subjected merely to the music itself. Thus, even the sellers in the US are illegal to sell this kind of dramatico-musical bilaterally in their own law; it will be better to understand this commercial transaction is a kind of international drug dealing which is culturally blinded to determine its legality with objectivity.

Keywords: Copyright, License in Entertainment, Principle of Territoriality, Conspicuous consumption, Antitrust, Oligarchy, Price-discrimination scheme

JEL Classification: K21, L13, L42

Suggested Citation

Song, Ashley Hyein, Are They Pirates or Pioneers? (December 15, 2014). Available at SSRN: https://ssrn.com/abstract=2538887 or http://dx.doi.org/10.2139/ssrn.2538887

Ashley Hyein Song (Contact Author)

University of Pennsylvania ( email )

School of Law
3501 Sansom Street
Philadelphia, PA PA 19104
United States

HOME PAGE: http://works.bepress.com/ashley

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