Abstract
A Study on the Right of Publicity
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Chung, Ji-Yoon |
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Major in Copyright Law |
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The Graduate school of Law |
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Yonsei University |
This is the study about the right of publicity that is the right
of commercial appropriation of the value of properties of one's
name or likeness of famous person (especially in the case of actors
and professional sports players etc.). In United States, this right
was developed as a concept of the right of property differ from
privacy already in the 1950s. And the right of publicity is first
recognized in Haelan Case and now largely protected by state common
or statutory law.
Recently in Korea situation, by the reason of radical development
of popular entertainment, professional sports and advertising industry,
there is many numbers of case that use of a name or likeness of
famous person for advertisement, so then began to discuss about
this right with many quarrels that one is stolen one's value of
property by others with no permission.
In Korea this right is recognized and mainly protected through
the law of tort. Unfair competition law and Copyright law may apply
to the infringement of the right of publicity.
Finally the right of publicity is the right of each person to control
the commercial use of his image made by media. This is not moral
right, but the right of property, more precisely, the right of a
kind of intellectual property.
And this right's subject is not only celebrities but every human
being.
Studying the right of publicity will help us find a solution for
the domestic disputes with Korea or even international disputes.
Correct understanding and responding of the right of publicity
is very important by the meaning of cultural and legislative, that
is the reason why I make a point of explaining about the concept
and legal character in preference.
The right of publicity as a part of copyright or trademark is another
a hot arena. Thus there is a great need to find a way looking through
the existing issue that cannot be ignored in this modern society
and in the international theories and intensive studies on these
matters.
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keyword : The right of publicity, The right of privacy, Image,
Name, Portrait, Identity, Parody
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