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A Study on the Legal Protection of the Right of Publicity on the Fashion-model and Entertainer

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 72(), pp.489-512
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

권기일 1 Kim, Sang-Kyum 1

1동국대학교

Accredited

ABSTRACT

The right of publicity refers the right that an individual can control and gain the economic benefits regarding personal name, likeness, voice, image and other external appearances, and the right to protect such individual characteristics from others' using them without permission. The right of publicity became an important legal right due to the development of mass media, the increase of the use of the internet and smart-phone, and especially the spread of social network sites. Even though right of publicity is protected in Korea, there is almost never statutory protection and supreme court decisions. Most of the lower courts, high and district courts admitted the existence of publicity right. Everyone can the right of publicity protection under the general public, especially in the case of A fashion model and entertainer of the property value is 20 million won a year more than 20 billion won, so they insist that legal protection under the publicity rights and should be protected from the right of publicity and has become an object of attention and protection of their right of publicity. This article was prepared based on the right of publicity on court decisions of the Fashion-model and Entertainer, and was modified and added appropriately for the presentation in ‘legalistic institution’ and ‘infringement and remedies’ on the right of publicity.

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