[KS] Koreanstudies Digest, Vol 204, Issue 13

Keith Howard kh at soas.ac.uk
Tue Jun 23 14:48:38 EDT 2020


Hi Jessica,

I'm not sure why I would need to contact the DPRK's WIPO representatives,
since this is not the way IPR requests normally work at our level (as
academics or individuals, publishing/reproducing for education with
educational publishers). One would normally apply to the relevant copyright
holder, agreeing terms; WIPO is the legislative body, not the copyright
holder. Admittedly, and I am more familiar with Europe and North America
when it comes to music/artistic rights. Anyhow, there appears to be a chasm
between what the DPRK copyright law states and what it allows to happen –
not least because the law essentially gives rights to
individual holders/creators (in keeping with post-Bern conventions) even
if, depending on interpretation, it also gives those same rights to the
state. It is challenging to contact individual artists, their families, or
IPR inheritors in Pyongyang, and it would, to my mind, be unwise to do so,
given the restrictions placed on interactions with foreigners ( – what
dangers might accrue to those individuals if one does?). At the same time,
and in this I am sure I am not alone, I have struggled for 30 years to get
replies to requests sent to official bodies in Pyongyang. My starting
point, therefore, was to discuss the situation with the appropriate
minister at the DPRK Embassy in the UK. He told me to apply through him;
when I did, after a couple of weeks, he came back and asked me to supply
copies of everything I was citing in the book, which I did. This strongly
suggested that he was following through with my requests, although silence
– much as many of us have encountered when dealing with DPRK authorities,
so nothing unusual – then ensued. Still, I had put on file with an
accredited DPRK organisation exactly what I was intending to cite, and I
had requested more than once that permission be given to do so. When it
came time to publish, then, I followed what I consider normal practice in
such circumstances, ensuring I can show, first, that I have taken
reasonable steps to obtain rights clearances, and second that the material
I cite can reasonably be considered, within the terms of the DPRK
legislation as lodged with WIPO, to constitute 'fair use'.

Keith

Keith Howard
Professor Emeritus and Leverhulme Fellow, SOAS, University of London
kh at soas.ac.uk


On Tue, 23 Jun 2020 at 15:07, Jessica Rossi <836329 at stud.unive.it> wrote:

> [KS] North Korean copyright issues
>
> Dear Keith,
>
> Did you try to contact the DPRK WIPO offices? Here a list of the contacts:
>
> https://www.wipo.int/members/en/contact.jsp?country_id=94&type=ADMIN
>
> Hope it might be of help.
>
> Jessica Rossi
>
>
>
> ---------- Forwarded message ---------
> From: <koreanstudies-request at koreanstudies.com>
> Date: Sat, 20 Jun 2020 at 18:01
> Subject: Koreanstudies Digest, Vol 204, Issue 13
> To: <koreanstudies at koreanstudies.com>
>
>
> Send Koreanstudies mailing list submissions to
>         koreanstudies at koreanstudies.com
>
> To subscribe or unsubscribe via the World Wide Web, visit
>
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>
> or, via email, send a message with subject or body 'help' to
>         koreanstudies-request at koreanstudies.com
>
> You can reach the person managing the list at
>         koreanstudies-owner at koreanstudies.com
>
> !!!!!!!!! When replying, please edit your Subject line so it is more
> specific than "Re: Contents of Koreanstudies digest..." !!!!!!!!!
> <<------------ KoreanStudies mailing list DIGEST ------------>>
>
> Today's Topics:
>
>    1. Re: CFP:  Essays for an edited collection (Tanter, Dr. Marcy)
>    2. North Korean copyright issues (Keith Howard)
>    3. Re: North Korean copyright issues (Maya Stiller)
>
>
>
> ---------- Forwarded message ----------
> From: "Tanter, Dr. Marcy" <TANTER at tarleton.edu>
> To: Korean Studies Discussion List <koreanstudies at koreanstudies.com>
> Cc:
> Bcc:
> Date: Fri, 19 Jun 2020 22:05:44 +0000
> Subject: Re: [KS] CFP:  Essays for an edited collection
> Updated CFP (apologies):
>
>
> * Call for Papers: Perspectives of Gender, Sexuality, and Stereotype in
> the Korean Wave   For a collection under contract with Lexington Books, we
> seek submissions that address both historical and theoretical perspectives
> of “Hallyu” that specifically intersect with issues regarding gender,
> sexuality, and stereotype. We anticipate that the edited volume will be
> cross-disciplinary and bring insights from international scholars. We
> welcome papers that address new research and cultural products that are
> relevant and current. Space for visuals is limited so non-textual elements
> should be included sparingly. Abstracts are due August 1, 2021 and
> acceptances will go out August 20. Completed essays are due in Microsoft
> Word by December 1, 2020 and should be around 10,000 words in English.
> Author guidelines will be distributed with acceptances.   Inquiries and
> submissions to either:  Marcy Tanter  tanter at tarleton.edu
> <tanter at tarleton.edu> or Moisés Park *
>
>
> *Professor Marcy L Tanter *
> *Fulbright Scholar*
> *Faculty Leader, South Korea Study Abroad*
> *Chair, Speaker Symposium Committee*
> *Department of English and Languages*
> *Box T0300*
> *Tarleton State University*
> *Stephenville, TX 76402*
>
> *254-968-9282*
> ------------------------------
> *From:* Koreanstudies <koreanstudies-bounces at koreanstudies.com> on behalf
> of Tanter, Dr. Marcy <TANTER at tarleton.edu>
> *Sent:* Wednesday, June 17, 2020 7:32 PM
> *To:* koreanstudies at koreanstudies.com <koreanstudies at koreanstudies.com>
> *Subject:* [EXTERNAL] [KS] CFP: Essays for an edited collection
>
> For a collection under contract with Lexington Books, we seek submissions that
> address both historical and theoretical perspectives of “Hallyu” that
> specifically intersect with issues regarding gender, sexuality, and
> stereotype. We anticipate that the edited volume will be cross-disciplinary
> and bring insights from international scholars. We welcome papers that
> address new research and cultural products that are relevant and current.
> Space for visuals is very limited so non-textual elements should be
> included sparingly. Completed essays are due in Microsoft Word by December
> 15, 2020 and should be around 10,000 words.
>
> Inquiries and submissions to either:  Marcy Tanter  tanter at tarleton.edu
> or Moises Park moises_park at baylor.edu
>
>
>
> *Professor Marcy L Tanter *
> *Fulbright Scholar*
> *Faculty Leader, South Korea Study Abroad*
> *Chair, Speaker Symposium Committee*
> *Department of English and Languages*
> *Box T0300*
> *Tarleton State University*
> *Stephenville, TX 76402*
>
> *254-968-9282*
>
>
>
> ---------- Forwarded message ----------
> From: Keith Howard <kh at soas.ac.uk>
> To: koreanstudies at koreanstudies.com
> Cc:
> Bcc:
> Date: Fri, 19 Jun 2020 17:34:52 +0100
> Subject: [KS] North Korean copyright issues
> Benoit,
>
> I would be interested in hearing from others about how they tackle
> copyright issues with North Korean materials. I struggled with this when
> preparing my recent Oxford UP book, *Songs of the "Great Leaders":
> Ideology and Creativity in North Korean Music and Dance.* I first
> approached the DPRK Embassy in London, explaining the book was being
> published by an educational publisher, and outlining the research (and
> fieldwork in Pyongyang) that I had done, as well as listing everything I
> was including that might have copyright. A minister asked me to supply
> copies of all the materials (not the book; but the materials I was citing
> that might be subject to copyright), which I duly supplied, along with a
> proposed credit line to be included in the book. Needless to say, I never
> heard any more. On the advice of South Korean colleagues, I also approached
> the (then) 남북경제문화협력재단. Needless to say, that also met with silence. Not
> least since there was a good paper trail and an 11-month gap between me
> writing to the DPRK side and the book's publication, but also because of
> the acknowledgement statement I included in the book, OUP was content. The
> statement I put in the book made reference to the DPRK copyright law (as
> lodged at WIPO):
> 'In respect to the North Korean materials cited, I have made efforts to
> contact possible copyright holders through state officials and
> representative bodies. In the absence of a notification of any claim, I
> cite North Korean materials in accordance with the following provisions
> of the Copyright Law of the Democratic People’s Republic of Korea (2001,
> as amended in 2006 by Decree 1532 of the Presidium of the Supreme People’s
> Assembly): Article 6 (Exclusion), Article 12 (Exclusion), Article 32 (Fair
> Use; particularly 32-3 (use for education/academia) and 32-6 (quotation)).'
>
> Keith Howard
> Professor Emeritus and Leverhulme Fellow, SOAS, University of London
> kh at soas.ac.uk
>
>
>
> On Fri, 19 Jun 2020 at 17:00, <koreanstudies-request at koreanstudies.com>
> wrote:
>
>> Send Koreanstudies mailing list submissions to
>>         koreanstudies at koreanstudies.com
>>
>> To subscribe or unsubscribe via the World Wide Web, visit
>>
>> http://koreanstudies.com/mailman/listinfo/koreanstudies_koreanstudies.com
>>
>> or, via email, send a message with subject or body 'help' to
>>         koreanstudies-request at koreanstudies.com
>>
>> You can reach the person managing the list at
>>         koreanstudies-owner at koreanstudies.com
>>
>> !!!!!!!!! When replying, please edit your Subject line so it is more
>> specific than "Re: Contents of Koreanstudies digest..." !!!!!!!!!
>> <<------------ KoreanStudies mailing list DIGEST ------------>>
>>
>> Today's Topics:
>>
>>    1. Re: KCNA and Rodong Sinmun Article Data (Benoit Berthelier)
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: Benoit Berthelier <benoit.berthelier at gmail.com>
>> To: "koreanstudies at koreanstudies.com" <koreanstudies at koreanstudies.com>
>> Cc:
>> Bcc:
>> Date: Fri, 19 Jun 2020 20:29:34 +1000
>> Subject: Re: [KS] KCNA and Rodong Sinmun Article Data
>>
>>
>>
>> Dear Scott,
>>
>>
>>
>> How did you handle copyright issues?
>>
>> I have an extensive collection of digitized North Korean materials, but
>> have so far found it impossible to secure institutional support for an
>> online (public) database due to the difficulty of clearing copyright.
>>
>
>
>
> ---------- Forwarded message ----------
> From: Maya Stiller <geumgangsan at gmail.com>
> To: Korean Studies Discussion List <koreanstudies at koreanstudies.com>
> Cc:
> Bcc:
> Date: Fri, 19 Jun 2020 21:27:02 -0500
> Subject: Re: [KS] North Korean copyright issues
> Dear Keith and Benoit,
>
> An employee of 남북경제문화협력재단 told me that they primarily issue permission
> forms for scholars active in South Korea. Since my publisher was
> pushing for a formal permission form and I did not want to abandon the
> image, I kept calling them until they finally let me pay a fee to
> issue a permission form, and I was able to use an image of a Buddhist
> sculpture from a North Korean book. I think it was about $100 for one
> image that I had provided myself (a scan from the book). Usually when
> requesting permission to publish an image, the museum/institution
> provides a high-resolution image. Not in this case, so I am not sure
> if it is worth all the hassle, unless the publisher insists.
>
> I like the idea of just adding a statement to the publication, like Keith
> did.
>
> Hope this is useful!
>
> Best,
> Maya
>
>
> Maya Stiller
> Associate Professor, Korean Art & Visual Culture
> University of Kansas
>
> On Fri, Jun 19, 2020 at 5:16 PM Keith Howard <kh at soas.ac.uk> wrote:
> >
> > Benoit,
> >
> > I would be interested in hearing from others about how they tackle
> copyright issues with North Korean materials. I struggled with this when
> preparing my recent Oxford UP book, Songs of the "Great Leaders": Ideology
> and Creativity in North Korean Music and Dance. I first approached the DPRK
> Embassy in London, explaining the book was being published by an
> educational publisher, and outlining the research (and fieldwork in
> Pyongyang) that I had done, as well as listing everything I was including
> that might have copyright. A minister asked me to supply copies of all the
> materials (not the book; but the materials I was citing that might be
> subject to copyright), which I duly supplied, along with a proposed credit
> line to be included in the book. Needless to say, I never heard any more.
> On the advice of South Korean colleagues, I also approached the (then)
> 남북경제문화협력재단. Needless to say, that also met with silence. Not least since
> there was a good paper trail and an 11-month gap between me writing to the
> DPRK side and the book's publication, but also because of the
> acknowledgement statement I included in the book, OUP was content. The
> statement I put in the book made reference to the DPRK copyright law (as
> lodged at WIPO):
> > 'In respect to the North Korean materials cited, I have made efforts to
> contact possible copyright holders through state officials and
> representative bodies. In the absence of a notification of any claim, I
> cite North Korean materials in accordance with the following provisions of
> the Copyright Law of the Democratic People’s Republic of Korea (2001, as
> amended in 2006 by Decree 1532 of the Presidium of the Supreme People’s
> Assembly): Article 6 (Exclusion), Article 12 (Exclusion), Article 32 (Fair
> Use; particularly 32-3 (use for education/academia) and 32-6 (quotation)).'
> >
> > Keith Howard
> > Professor Emeritus and Leverhulme Fellow, SOAS, University of London
> > kh at soas.ac.uk
> >
> >
> >
> > On Fri, 19 Jun 2020 at 17:00, <koreanstudies-request at koreanstudies.com>
> wrote:
> >>
> >> Send Koreanstudies mailing list submissions to
> >>         koreanstudies at koreanstudies.com
> >>
> >> To subscribe or unsubscribe via the World Wide Web, visit
> >>
> http://koreanstudies.com/mailman/listinfo/koreanstudies_koreanstudies.com
> >>
> >> or, via email, send a message with subject or body 'help' to
> >>         koreanstudies-request at koreanstudies.com
> >>
> >> You can reach the person managing the list at
> >>         koreanstudies-owner at koreanstudies.com
> >>
> >> !!!!!!!!! When replying, please edit your Subject line so it is more
> >> specific than "Re: Contents of Koreanstudies digest..." !!!!!!!!!
> >> <<------------ KoreanStudies mailing list DIGEST ------------>>
> >>
> >> Today's Topics:
> >>
> >>    1. Re: KCNA and Rodong Sinmun Article Data (Benoit Berthelier)
> >>
> >>
> >>
> >> ---------- Forwarded message ----------
> >> From: Benoit Berthelier <benoit.berthelier at gmail.com>
> >> To: "koreanstudies at koreanstudies.com" <koreanstudies at koreanstudies.com>
> >> Cc:
> >> Bcc:
> >> Date: Fri, 19 Jun 2020 20:29:34 +1000
> >> Subject: Re: [KS] KCNA and Rodong Sinmun Article Data
> >>
> >>
> >>
> >> Dear Scott,
> >>
> >>
> >>
> >> How did you handle copyright issues?
> >>
> >> I have an extensive collection of digitized North Korean materials, but
> have so far found it impossible to secure institutional support for an
> online (public) database due to the difficulty of clearing copyright.
>
>
>
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