미국 문화예술법 체계 분석에 따른 우리 문화예술법의 나아갈 길 = The Future Direction of Korea’s Cultural and Artistic Legal System Based on the Analysis of the U.S. Cultural and Artistic Legal Framework

다국어 초록 (Multilingual Abstract)

This study analyzes the current legal framework for culture and the arts in the United States and presents implications for the development of Korea’s cultural and artistic legal system. The U.S. established a federal support system through the enactment of the National Foundation on the Arts and the Humanities Act of 1965 and has comprehensively regulated creation, distribution, and protection through specialized legislation such as copyright law, the DMCA, and the Communications Act. Additionally, the U.S. has enhanced the industrial value and international competitiveness of culture and the arts through laws such as the National Historic Preservation Act and film tax incentive programs.
In contrast, Korea’s system is centered on public support and welfare-oriented perspectives, showing relatively limited responsiveness to the digital age and global environment. Through a comparative analysis of the U.S. and Korea, this study suggests recognizing culture and the arts as industrial assets, emphasizing the need for specialized legislation in various fields, a division of roles between the private sector as the driving force and the government as a facilitator, and strengthening digital innovation and international linkages.
Korea’s current cultural and artistic legal framework views culture too strongly as a public good, indicating the need to shift its fundamental perspective more in line with the U.S. model. Most importantly, a comprehensive ecosystem that integrates creation, industry, and distribution should be built through specialized legislation in areas such as copyright, broadcasting/communications, and international trade. The private sector should lead, while the government provides the necessary legal and institutional infrastructure.
Culture and the arts should serve as experimental grounds for the humanities and arts that make capitalism possible. Valuable legacies that deserve to survive must be archived, preserved, and taught through museums and libraries. To achieve this, the systems surrounding professions and trade (distribution) must be free of inconvenience.
With the rapid advancement of AI technologies, more content is being produced, and Korea’s cultural and artistic legal system must establish a clear cultural-industrial foundation. Continued legislative overreach through genre-based fragmented laws and delayed regulations in content distribution can no longer be tolerated. The U.S. system recognizes culture and the arts as industrial assets and has built a content ecosystem driven by market dynamics and industry creativity.
While Korea’s public-centered support and welfare-based approach are strengths, it still lacks in agile legal reforms and international trade strategies fit for the digital era. Therefore, it is necessary to improve specialized legal systems by field, clearly divide roles between the private and public sectors, strengthen connections between international trade and intellectual property rights, and proactively respond to digital innovation. In order for genre-blending and digital content to evolve into economically autonomous national strategic industries, and to ensure the free movement, training, and tax support for global artists, Korea must develop a new legal framework for culture and the arts centered on copyright, telecommunications law, and trade.