「캐릭터」의 商品化權 = Merchandizing Right of Character

다국어 초록 (Multilingual Abstract)

(1) The merchandizing right of character is the right to exploit the image or name of the character that appears in the cartoon or animation. For example, the owner of the right can make and a doll by making use of the image of Popeye and sell it. And he can make a trade mark by making use of the image and name of Popeye. Typically, the author of the cartoon or animation is the owner of the merchandizing right. If the author of the cartoon or animation grants a licence to other person, allowing it to apply the image or name of the character to articles or services supplied by him, he is the owner of the right.
If a third party exploits the image of the character without permission of the owner of the merchandizing right, there may be copyright issues. And, if a third party exploit the name of the character without permission of the owner of the right, there may be issues about passing off or trade mark.
(2) There may be raised other legal issues by the exploiting the image or name of the famous person who is an entertainer or a sports man. A person generally has the right to avoid intrusion into his private affair. This right is the privacy right and the use of the name or image of a person without his permission can result in the infringement of the privacy right.
But, if a famous person merchandizes his image or name, he can obtain the economic profits from his image or name. The famous person’s right to obtain the economic profirs from his image or name is called the publicity right. The publicity right has the nature of the property right. And, if a third party exploits the image or name of the owner of the publicity right without his permission, there may be issues about passing off or trade mark.

목차 (Table of Contents)

• Ⅰ. 序言
• Ⅱ. 캐릭터에 대한 著作權法上의 保護
• 1. 캐릭터의 著作物性
• 2. 캐릭터의 複製權
• 3. 複製權의 存續期間
• Ⅲ. 캐릭터의 名稱에 대한 保護
• 1. 名稱의 著作物性
• 2. 不正競爭防止法上의 保護
• 3. 商標法上의 保護
• Ⅳ. 퍼블리시티權의 保護
• 1. 퍼블리시티權의 本質
• 2. 퍼블리시티權의 保護方法
• 3. 퍼블리시티權의 限界
• Ⅴ. 結語