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Creative Development: Helping Poor Countries by Building Creative Industries


Mark F. Schultz


Southern Illinois University School of Law; George Mason University Law School Center for the Protection of Intellectual Property

Alec van Gelder


International Policy Network

November 26, 2008

Kentucky Law Journal, Vol. 97, No. 1, 2008

Abstract:     
This paper advocates a grass-roots, pragmatic approach to intellectual property and economic development in poor countries that focuses on how copyright and related institutions can support bottom-up growth. Two case studies inform this paper's analysis: The development of the country music industry in Nashville, Tennessee, and the challenges faced by the popular music industry in Africa today.

First, we consider the story of Nashville's development into "Music City, U.S.A." as a hopeful example of how a popular music industry can support economic development. Although an example drawn from one of the world's wealthiest countries may not initially seem relevant, early 20th century Nashville faced many of the same challenges as today's developing economies. As is often the case in modern times, Nashville's policymakers pinned their hopes for economic development on access to raw materials and large government infrastructure projects. Success instead came from an unexpected quarter, as musicians and entrepreneurs transformed much-maligned "hillbilly music" into the multi-billion dollar country music industry. Nashville's success provides several important lessons, including the potential of creative industries for developing economies; the importance of private action to the development of creative industries; and the importance of copyright.

We then consider the popular music industry in Africa. Despite abundant talent and the existence of copyright law in most countries, there are no "African Nashvilles." We examine the challenges faced by the African popular music industry and offer a number of specific institutional reforms that could help spark the growth of the music industry and contribute to economic development in African countries. While we do not see this industry as a panacea for the difficulties of poor countries, it could be an encouraging first step, helping individuals and providing an economic and moral victory in a region greatly in need of such help.

Number of Pages in PDF File: 70

Keywords: copyright, intellectual property, Africa, Nashville, music

JEL Classification: O1, O2, R58


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Date posted: February 6, 2009 ; Last revised: February 11, 2009

Suggested Citation

Schultz, Mark F. and van Gelder, Alec, Creative Development: Helping Poor Countries by Building Creative Industries (November 26, 2008). Kentucky Law Journal, Vol. 97, No. 1, 2008. Available at SSRN: https://ssrn.com/abstract=1338194

Contact Information

Mark F. Schultz (Contact Author)
Southern Illinois University School of Law ( email )
1150 Douglas Drive
Carbondale, IL 62901-6804
United States
618-453-8750 (Phone)
George Mason University Law School Center for the Protection of Intellectual Property
3301 Fairfax Drive
Arlington, VA 22201
United States

Antonin Scalia Law School, George Mason University Logo

Alec Van Gelder
International Policy Network ( email )
Rooms 200-205 Temple Chambers
3-7 Temple Avenue
London, EC4Y 0HP
United Kingdom
+44 20 3393 8419 (Phone)
HOME PAGE: http://www.policynetwork.net
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