@article{ART001664267},
author={Moon IL-Hwan},
title={The protection of the right of publicity},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2012},
number={55},
pages={343-371},
doi={}
TY - JOUR
AU - Moon IL-Hwan
TI - The protection of the right of publicity
JO - DONG-A LAW REVIEW
PY - 2012
VL - null
IS - 55
PB - The Institute for Legal Studies Dong-A University
SP - 343
EP - 371
SN - 1225-3405
AB - This paper discusses the right of publicity, which has been to be conceptualized to legally deal with the phenomena mass media have brought about. In the United States, where the entertainment businesses have been developed for a long time, the discussion regarding the right of publicity has flourished. The Republic of Korea also begins to recognize the importance of this right as the entertainment businesses such as sports and the entertainment management recently begins to emerge as a big market. However, there has never existed the legislation nor the holdings of the Supreme Court regarding the issue. To protect the right owner and to prevent any free-rider, the legislation regarding the issue is urgently needed.
This paper first addresses the nature of the right of publicity, and then proceeds to see whether the existing statutes including the copyright law can protect the right of publicity. Lastly, this paper focuses on the real cases where the right of publicity is infringed.
The names and the pictures of the celebrities became influential by the efforts of the individual celebrities in one way. However, the coincidence and the trend of the society also contribute to the influence regardless of the efforts of the celebrities. The names and the pictures of the celebrities are also sort of the public goods. Therefore, regarding the future legislation, the restriction on the right of publicity to some extent should be necessary.
KW - the right of publicity;celebrities;entertainment;personal rights;right of likeness;copyrights
DO -
ER -
Moon IL-Hwan. (2012). The protection of the right of publicity. DONG-A LAW REVIEW, 55, 343-371.
Moon IL-Hwan. 2012, "The protection of the right of publicity", DONG-A LAW REVIEW, no.55, pp.343-371. Available from: doi:
Moon IL-Hwan "The protection of the right of publicity" DONG-A LAW REVIEW 55 pp.343-371 (2012) : 343.
Moon IL-Hwan. The protection of the right of publicity. 2012; 55 : 343-371. Available from: doi:
Moon IL-Hwan. "The protection of the right of publicity" DONG-A LAW REVIEW no.55(2012) : 343-371.doi:
Moon IL-Hwan. The protection of the right of publicity. DONG-A LAW REVIEW, 55, 343-371. doi:
Moon IL-Hwan. The protection of the right of publicity. DONG-A LAW REVIEW. 2012; 55 343-371. doi:
Moon IL-Hwan. The protection of the right of publicity. 2012; 55 : 343-371. Available from: doi:
Moon IL-Hwan. "The protection of the right of publicity" DONG-A LAW REVIEW no.55(2012) : 343-371.doi:
