Royalties? Not Joseon Dynasty Kings : A Comparative Analysis of Copyright and Music Licensing Groups in the United States and Korea

Abstract

Media has been one of the United States premier exports for several years. Recently, the Korean Wave has garnered coverage in many international arenas, with Big Bang winning best international group at the 2011 MTV European Music Awards and Gangnam Style reaching number one on the Billboard Social 50 Chart. This Article compares and contrasts the copyright and music licensing regimes in the Republic of Korea and the United States, focusing on substantive copyright protection but also including discussion of the function of rights management societies. We address cultural, historical, and economic factors contributing to the distinctive treatment of musical regulation and offer our opinion as to which nations approach is more legally and logically sound in key areas of legal difference in order to encourage reconsideration of certain points within the legal regimes in both nations.