How did Japanese anime become a global phenomenon? Is it illegal to create a boomerang outside Australia? Did the Netflix algorithm lead to the worldwide success of Squid Game? Law & Culture in the Asia-Pacific explores how culture is created and consumed, and how law has the capacity to impact and shape both culture and the development of culture industries. A range of international and national laws may apply to the content and creations that we enjoy daily, with additional factors, including technology, politics and economics influencing these laws and cultural production. Drawing on examples from countries including Australia, China, Japan, Indonesia, Thailand and South Korea, this course examines how law privileges some types of creations, particularly those produced according to an Anglo-European tradition (art, music and books) while leaving others, including Indigenous cultural heritage and traditional knowledge, open to exploitation and disrespect
This course is divided into three parts. Part I (Classes 1 to 6) introduces students to the course and relevant laws that will be considered in each class. This Part examines the term ‘cultural’ or ‘culture’ industry and the evolution of historical, traditional cultural industries, including music, art, books, publishing and film and television.
Part II (Classes 7 to 11) then considers a range of distinctly late 20th and 21st century culture industries, resulting from the rise of globalisation and technology. This includes modern entertainment franchises (Marvel, Harry Potter); fan culture and user-generated content; food (and the importance of countries in protecting foods of national significance and reputation); and fashion.
Part III (Classes 12 to 13) provides a reflection and conclusion to the course. It will draw together themes on law and the protection of cultural heritage and traditional knowledge, as examined in previous classes, to identify gaps and areas for reform. The final class will encourage students to reflect on developments beyond the Asia-Pacific, and how global changes impact law and culture in this area.
Areas of law that will be considered include international conventions; bilateral and multilateral trade agreements; intellectual property laws, including copyright, trade mark and design laws; contracts; and consumer protection laws. Students do not need any prior legal knowledge or to have undertaken any previous legal study to successfully undertake this course.