The publicity right is a right to regulate using an individual's identity commercially without the individual's permission. comparing to the preexisting privacy right which passively protects one's name or portrait not to open to the public, the publi...
The publicity right is a right to regulate using an individual's identity commercially without the individual's permission. comparing to the preexisting privacy right which passively protects one's name or portrait not to open to the public, the publicity right is an active right to open or use one's name or portrait commercially. The publicity right differs from the privacy right in causing property damage when infringed.
Recently, by rapid development of popular entertainment and mass media, there have been many cases over the use of name or likeness of famous persons for commercial purposes. The korean civil law, the copyright law and the unfair competition law may apply to the infringement of the right of publicity. Since we do not have specific law for the protection of publicity rights in Korea. Therefore the right of publicity must be legislated as soon as possible to prevent disputes over this right.
But there are so much different in Korean and US Legal Systems that it is not advisable to adopt exactly same provisions of US law into the Korean law. And then an enactment of the law will prove to be a serious problem maker, if it aims at an exact replica of other country's law which is quite different from the Korean Legal System. So the harmonization with Korean law is required to achieve in legislation of publicity law.
In this thesis, First, was analyzed process of the right of publicity at lower court and existing law and it's amendments to the introduction plan of the right of publicity. And then, was reviewing how the right of publicity is handled, about infringement case of China's right of publicity. Finally, in the case of the occurrence of infringement, was reviewing how to make application of the civil law, the copyright law and the unfair competition law. In conclusion, I will present concrete alternatives for the effectiveness of the right of publicity.