According to increasing the Korean celebrities' reputation and population in other counties which called "Korean Wave", they are getting influential and competitive recently. However, those celebrities are not able to deserve to get profit from their ...
According to increasing the Korean celebrities' reputation and population in other counties which called "Korean Wave", they are getting influential and competitive recently. However, those celebrities are not able to deserve to get profit from their popularity abroad, because there is no regulation to protect their identities such as name, portrait, voice, signature, and so on.
There is the preexisting right of portrait to protect individual's portrait or name passively not to open or use those commercially. It is different from the right of publicity which is causing property damage when infringed. There are only adequate recompense according to the right of portrait.
In United States, the right of publicity was introduced at the first time to protect being used celebrities' name or portrait without permission. Many states in the U. S accepted the right of publicity as a written law.
In Korea, there are many cases and disputes on infringing individual's identity recently and the need to protect it is increasing. However, because there is no written law in Korea, many cases had different results. In the mean time, the academical discussions on the right of publicity are meager yet here.
In conclusion, I assume that the right of publicity can be introduced to Korean law and the right of publicity has already been a commercial practice by paying and contracting for commercial use of individual's identity. To affirm introducing the right of publicity, the negotiation and the inheritance could matter regarding the possibility of transference, therefore I also affirm the negotiation, taking a serious view on the property right of publicity, and the inheritance, preventing taking excessive profits using a famous individual's reputation after their death. When we accept the right of publicity, there must be not only benefit but also responsibility so we have to consider both carefully to introduce the right of publicity.