Sherman Oaks, California
American Cinematographer magazine has published my article about the production of Crossing The Line, a documentary about Joseph Dresnok, a U.S. serviceman who defected to North Korea in 1962 and has lived there since.
Pictured: Dresnok poses in front of a portrait of late North Korean leader Kim Il-sung. Note that Dresnok, like all North Koreans, wears a red Kim Il-sung pin on his lapel.
Sherman Oaks, California
The North Korean regime executed a factory manager last month by firing squad for the offense of making international phone calls, the Daily Mail reported. This appears to be part of a crackdown on people who engage in unauthorized international communications, according to the AP (via Reason).
Meanwhile, Peter Hitchens went on the DPRK dog and pony show and made the best of it.
“Nothing in the modern world compares with North Korea,” he writes, “though it gives us some clue about how life must have been under the pharaohs, in Imperial Japan before Hiroshima, or in the obliterated years — conveniently erased from memory by blushing fellow travelers — when Josef Stalin was revered as a human god.”
He noted that it was rumored that the DPRK uses three different currencies, that North Koreans seem to share their southern cousins’ fondness for drink and that many of the soldiers wore shabby uniforms and carried broken weapons.
The Republic of Korea, in the south, and the Democratic People’s Republic of Korea, in the north — from space.
Sherman Oaks, California
Bobby Egan is a rough and tumble guy from the neighborhood who owns a BBQ joint in Hackensack called Cubby’s. He is also the president of the U.S.A.-D.P.R.K. Trade Council, devoted to improving relations between the United States and North Korea. Rebecca Mead reports for The New Yorker about one of the world’s more unusual diplomats.
(While Egan comes across in the article as an overexcited Sopranos-wannabe kind of guy, he’s as sober as Lawrence Eagleburger compared to the legendary Alejandro Cao de Benos de Les y Perez, head of the Korean Friendship Association. North Korean television has created a short documentary about Alejandro titled “I Will Be A Soldier of Marshal Kim Jong-il II.”)
North Korea Economy Watch posts an article about the secret library in Pyongyang where restricted books may be read by trusted Party cadres. Located on the fourth floor of the Grand People’s Study House, many of these books are of foreign origin, with free market economic texts available to teach the superiority of a collectivist economy. Many foreign books in North Korea were destroyed in the late 1960s as part of Kim Il-sung’s “Book Arrangement Activity,” but non-controversial works of pre-World War II American literature are now allowed, according to NKEW’s sources.
The above photograph of Kim Jong-il inspecting the (attractive, female) troops was allegedly pulled from a Chinese military internet site. I cannot confirm its authenticity, although the women are wearing the 1946-style pantyhose that’s still the rage in Pyongyang.
Sherman Oaks, California
For the six people who are following this thread:
Mark Magnier, Beijing bureau chief of the Los Angeles Times, has clarified to Knife Tricks his intent when he discussed a “wax likeness” of the late North Korean strongman Kim Il-sung.
“I was referring to the International Friendship Museum north of Pyongyang,” Magnier e-mails. The Museum contains a replica of Kim.
I would be remiss if I did not point out that the details in Magnier’s article fit the Kamsusan Mausoleum (where the Great Leader’s preserved body lies in repose) more comfortably than they fit the Museum. The article reads:
“A museum north of Pyongyang features a Madame Tussaud’s-style wax likeness of Kim Il Sung. We’re instructed to wear ties and bow to the graven image. A group of North Korean women, visiting at the same time, emerges tear-stained. Its members have seen their maker.”
Locals and travelers generally dress up to go to the Mausoleum, not the Museum, and North Koreans tend to break into tears at the Mausoleum, not the Museum, I am informed. But I promised Magnier his say, so that’s what I’m posting.
Sherman Oaks, California
Curtis Melvin of North Korean Economic Watch has posted more information about the Soviet (now Russian) team of embalming experts which specializes in the upkeep of famous Communist corpses. Interestingly, the team’s principal source of income is now the embalming of Russian mobsters and businessmen.
Sherman Oaks, California
The following is a summary of the text of the Copyright Law of North Korea (which refers to itself as the “Democratic People’s Republic of Korea” or “DPRK”). The Copyright Law, of which I possess a Korean- and English-language hard copy purchased while in the DPRK, does not appear to be available on the web for linking.
In reality, North Korean intellectual property laws are worthless and are not respected by the regime in Pyongyang. The United States has accused the North Korean government of creating and selling counterfeits of U.S. currency, cigarettes and pharmaceuticals. According to Human Rights Watch, “North Korea allow[s] neither the freedom of information, association, movement, and religion, nor organized political opposition, labor activism, or independent civil society.” From the perspective of a chaperoned traveler, it was obvious that all copyrightable expression in the DPRK was strictly controlled by the state and was used almost exclusively for propagandistic purposes.
The DPRK government may have promulgated its Copyright Law to provide the appearance that its domestic legislation conformed with provisions of the various multi-lateral intellectual property treaties to which the DPRK has acceded, e.g., the Berne Convention for the Protection of Literary and Artistic Works.
In the following section, I will summarize the DPRK copyright laws as written, without reference to whether or how they are enforced. I will generally follow the method of organization used in the classic treatise International Copyright Law and Practice, edited by Paul Edward Geller and Melville B. Nimmer.
* * * * *
Constitutional Basis. The copyright laws of the DPRK have a constitutional basis. Article 74 of the 1998 DPRK Socialist Constitution reads: “Citizens are free to engage in scientific, literary and artistic pursuits. [¶] The State shall grant benefits to inventors and innovators. [¶] Copyright and patent rights shall be protected by law.”
Legislative History. The DPRK Copyright Law was adopted on March 21, 2001, by a decree of the Presidium of the Supreme People’s Assembly and amended on February 1, 2006, by a decree of the Assembly as a whole. (The 17-member Presidium of the Supreme People’s Assembly acts as the nation’s legislature for all but the few days a year that the Assembly as a whole is meeting.)
Policy. The DPRK Copyright Law begins with a general statement that its “aim” is to protect the rights of copyright holders and “contribute to the development of literature, art, science and technology by establishing a strict system and order in the use of copyrighted works.” DPRK Copyright Law, Article 1. (All further citations are to the DPRK Copyright Law. A statutory “article” in North Korean legal usage is analogous to a statutory “section” in U.S. legal usage.)
The Law addresses the protection of copyrights held by people who reside outside the DPRK. “The copyright of a corporate body or an individual whose country is a party to a convention to which the DPRK has acceded shall be protected by the convention. However, in the event a corporate body or an individual whose country is not a party to the same convention makes public his works for the first time in the DPRK, the works shall be protected by this Law.” Article 5.
Copyrightability. The DPRK Copyright Law does not specify any minimum standard of originality, creativity or novelty which must be satisfied for a work to enjoy protection.
One potential exception exists. The Law recognizes a copyright in “compiled works such as a dictionary or an anthology.” Article 11. “In this case, the selection and arrangement of the materials should be creative.” Ibid. Thus, the Law appears to impose on collective works an arguably non-mandatory creativity requirement (“should”) which is not imposed on other types of works.
The Law notes that copyright protection will not be accorded to unlawful works. “The copyright of any works whose publication, issuance, performance, broadcasting, show and exhibition are prohibited shall not be protected.” Article 6.
Furthermore, copyright protection will not be accorded to “documents for state management, current news or information data” unless “commercial purpose is pursued.” Article 12.
Types of Works Protected. The Law specifies the types of works that enjoy protection, which are referred to as “objects of copyright.” Article 9 of the Law provides what appears to be an exhaustive list: scientific treatises; novels; poems; music; “theatrical art such as opera, drama, acrobatics and dance”; “visual art such as film and television program”; “fine arts such as painting, sculpture, industrial art, calligraphy and design”; photography; “graphic art such as map, chart, blueprint, sketch and model”; and computer programs.
The Law does not contain an express fixation requirement. (In the United States, a work is only protected by federal statutory copyright if it is fixed in a tangible form, e.g., written on paper or captured on digital audio tape.) Consequently, performances which are not filmed or otherwise recorded may be copyrightable under the DPRK Law.
Derivative Works. The Law recognizes an “independent” copyright for derivative works (which it terms “objects of related copyright”), although the text does not state whether copyright subsists in the entirety of the adapted work or only in the newly added material. Article 10. See also Article 18 (noting that the copyright in a work which is adapted as a “visual art work” can be “exercised independently” of the derivative visual art work.)
A derivative work copyright is expressly recognized for nationalistic adaptations. “Modernized versions of national classics shall also be the object of copyright.” Article 10.
Adapters must apparently obtain permission from the owner of the rights in the underlying work, although this requirement is stated in the form of a prohibition against unauthorized adaptation. “The adapter or editor of a work shall not, in his exercise of copyright, infringe upon the right of the copyright holder of the original work.” Article 19.
“Related Rights.” The Law devotes a separate section (Chapter 5) to the “related right holder,” which is defined as the person or entity who “performs, sound-records, video-records or broadcasts using a copyrighted work.” Article 33. As with the aforementioned editors and adapters, holders of related rights “shall not infringe on the right of the copyright holder to his work.” Ibid.
Related rights holders – which include performers and broadcasters — may reproduce their works and, “in case of need,” disseminate them. Articles 34, 35, 36. The Law does not define what constitutes a case of “need.”
Persons or entities who desire to “use” a performance, recording or broadcasting “shall secure permission” from the holder of the related rights and “shall pay reasonable royalty.” Article 37.
Duration. The term of copyright protection commences upon the publication of a work. Articles 23, 24, 25.
The duration of copyright protection for a work authored by a natural person is the life of the author plus 50 years. Article 23. In the event that a work is co-authored by more than one natural person, the copyright protection for the work continues until 50 years after the death of the last surviving co-author. Ibid. Works authored by “an institution, enterprise or organization” are protected for 50 years from publication. Article 24.
Related rights are protected for 50 years “from the moment of performance, sound- or video-recording or broadcasting.” Article 38.
The 50-year duration for both copyrights and related rights commences on the January 1st following the publication, performance, recording or broadcasting of the work or the death of the author (or last surviving co-author). Articles 25, 38.
Ownership of Copyright. “The copyright holder shall be the author of works in the fields of literature, art, science and technology or the one who inherits the author’s rights.” Article 13. The copyright owner shall hold both “moral and property rights.” Id. (It is not clear if Article 13’s listing of “works in the fields of literature, art, science and technology” acts to limit the listing of “object of copyright” found in Article 9.)
The copyright in a work created “in the name” of a person is “owned” by the person. Article 16. Likewise, a copyright created “in the name” of an entity is “owned” by that entity. Ibid.
A copyright in a joint work created by two or more individuals “shall be held jointly” by the authors. Article 17. The Copyright Law does not expressly address a work jointly authored by two entities.
The issue of ownership of motion pictures and other multi-author audiovisual works is determined with a bright-line rule. “The copyright of a visual art work shall be granted to its producer.” Article 18.
Works Made For Hire. The work made for hire provision of the Law is not mandatory, but vests power in the employer. “In case a copyrighted work is created by a citizen affiliated with an institution, enterprise or organization as part of his duty, the institution, enterprise or organization in question may have priority to using the works.” Article 28.
Transfer of Copyright. Copyrights may – in whole or in part — be “transferred or inherited,” but transfer to a foreign person or entity requires government authorization. Article 21. “Related rights” can also be transferred. Article 33.
If an entity holding a copyright is “dissolved,” the successor entity shall “take over” the copyright. Article 22.
Sub-licenses or sub-assignments may be granted with the permission of the holder of the underlying rights. Article 30.
“Use of Copyrighted Works.” In Chapter 4, titled “Use of Copyrighted Works,” the Law states the various allowed “uses” of copyrighted works.
Article 26, titled “Basic Requirement,” appears to be a listing of the specific sub-rights which constitute a copyright and appears to be a statutory provision analogous to Section 106 of the U.S. Copyright Act. “The use of copyrighted works is an important undertaking of disseminating them by reproduction, performance, broadcast, exhibition, distribution, adaptation and compilation.” Article 26.
Copyrights may be used by the copyright holders or, “with . . . permission,” another person or entity. Article 27. A person or entity “shall use the copyrighted work within the permitted or authorized limit.” Article 29.
Fair Use. The Law specifies instances in which a work may be used without the permission of the copyright holder. These instances include: use “by an individual or within the family”; library, archive, museum or “memorial hall” use; “school education”; for “state management”; use in broadcast or print media “for the purpose of its introduction”; quotations (length not specified); free performances: and Braille uses. Article 32. A work may also be used without permission of the rights holder “when a copyrighted work in public places is copied” – a statutory phrase with unclear meaning. Ibid.
Moral rights. The three moral rights recognized by the Law consist of (1) the right to determine publication, (2) the right to be the publicly acknowledged author, and (3) the right to “keep unchanged the title, content, form, etc., of their works.” Article 14. The use of the word “form” implies a right to prevent the destruction or physical alteration of a work.
“Guidance and Control.” While the majority of the Law is written (or at least translated) into relatively straightforward statutory language, the portion titled “Guidance and Control of Copyright Protection” (Chapter 6) employs diction characteristic of the North Korean regime and of speeches and writings credited to Chairman Kim Jong-Il.
Article 41 reads: “Intensifying guidance and control is the principal guarantee for the correct implementation of the state policy on copyright protection. [¶] The state shall intensify guidance and control of copyright protection.”
Authority for the “guidance” of copyrights is assigned in general terms. “Guidance of copyright protection shall be undertaken by the leading institutions of publication, culture, science and technology under the uniform guidance of the Cabinet.” Article 42.
Infringement. The unspecified “leading institutions” are directed to “exercise strict control so that copyright and the related rights may not be infringed upon.” Article 45. Furthermore, people and entities are prohibited from imitating or pirating the works of others that have been submitted for publication. Article 44.
Infringers may be sued for damages equal to “the resulting losses.” Article 46.
Infringers may also face criminal or administrative sanctions. “Officials of institutions, enterprises and organizations, or individual citizens[,] who are responsible for the serious consequences resulted [sic] from their violation of this Law shall be subject to administrative or penal responsibility.” Article 47.
Copyright disputes are to be mediated and thereafter adjudicated, but the Law does not establish how jurisdiction for any specific dispute is determined. “Any dispute arising in relation to copyright shall be settled by consultation. [¶] In case of failure in consultation, it may be referred to an arbitration body or a court for settlement.” Article 48.
Finally, North Korean Economy Watch has listed the various international intellectual property treaties to which the DPRK has acceded and notes the contact information for the DPRK Copyright Office in Pyongyang. The DPRK Copyright Office does not appear to have a web site.
Sherman Oaks, California
North Korean defector Park Choel Yong writes about the criteria that North Korean men and women use in accepting a spouse. (Most marriages in the DPRK are proposed by the parents.)
Park’s none-too-surprising observations: Women prefer men with money or power. Men prefer women with money or from a prominent family but, in a pinch, it’s OK if she’s just good looking.
Interestingly, rural women are quick to become engaged to most anybody because engagement allows them to be re-classified by the state as “housewives” and therefore to receive rations without having to work in the fields, Park reports.
The article references the notorious “Party Department Number 5,” the personal attendants of the senior leadership. Department 5 includes a squad of actresses, singers and models who reportedly double as the senior leaders’ harem. Retirement — meaning marriage to an Army or Party official — is expected by age 25, Park writes.
[The photograph depicts a bridal party in a Pyongyang park.]
Pyongyang, North Korea
Me: Where did you attend university?
Guide: Pyongyang Foreign Language University.
Me: What did you study?
Guide: English.
Me: What authors did you read? Ernest Hemingway? William Faulkner?
Guide: No. We read – you know? – Sidney Sheldon.
Pattaya Beach, Thailand
Curtis Melvin of North Korea Economy Watch (whom I met on a tour of Turkmenistan) weighs in with some background on the L.A. Times‘ “interesting claim,” as he puts it, that the displayed body of former North Korean leader Kim Il-sung is a wax phony (with which I took issue earlier).
Melvin also notes that, in life, Kim Il-sung had a disfiguring goiter on the right side of his neck that was airbrushed out of most photographs. (You can see the growth’s outlines in the accompanying picture.) Melvin did not see the goiter when he viewed Kim Il-sung’s body, which is displayed in a four-sided glass case which visitors are required to circle 360 degrees. I did not see the goiter, either, and I was looking for it. My guess — and I am merely guessing while the L.A. Times claims to be speaking with authority — was that the goiter was removed postmortem so that the body would look like the official portraits.
And, just to be clear, I do not know if the body is real or wax. My educated guess (that word again) is that the only people who know for certain are Kim Jong-il, a few Russian embalming specialists and the most trusted workers at the mausoleum — a tiny circle that does not include any reporters from the L.A. Times.
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