인격권과 퍼블리시티권 (The personal rights and the right of publicity)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 26권 / 4호 / 107 ~ 126페이지
· 저자명 : 이광진

초록

Recently, the combination of advanced information-communication technologies and mass media, has had a profound impact on the online gaming industry and the advertising industry. These include famous actors or athletes, politicians such as personal name, portrait, or the likeness are widely used in advertising or character. This phenomenon has appeared in the background to the emergence of new rights, so-called the right of publicity, to individual’s name, likeness and so on commercial use of new property values with the values of identity. The right of publicity is the right of individuals to control the use of their names and likeness for commercial purposes. Unlike the United States to prescribe it by law, we do not yet exist this Act. However, its existence has been acknowledged by the case law in the lower courts.
Our Constitutional Law provides as follows: “All citizens shall be assured of human worth and dignity and have the right to pursue happiness.”(Article 10). “The privacy of no citizen shall be infringed.”(Article 17). “All citizens shall have an equal right to receive an education corresponding to their abilities.”(Article 37 section 1). In accordance with these constitutional provisoions, we are ensuring the personal right. But whether the new right of publicity is the personal right or the property right is under discussion.
This paper examines the constitutional nature of the new publicity rights, and to contribute to guidelines of legislation proposed by the constitutional legal basis of the publicity right.

영어초록

Recently, the combination of advanced information-communication technologies and mass media, has had a profound impact on the online gaming industry and the advertising industry. These include famous actors or athletes, politicians such as personal name, portrait, or the likeness are widely used in advertising or character. This phenomenon has appeared in the background to the emergence of new rights, so-called the right of publicity, to individual’s name, likeness and so on commercial use of new property values with the values of identity. The right of publicity is the right of individuals to control the use of their names and likeness for commercial purposes. Unlike the United States to prescribe it by law, we do not yet exist this Act. However, its existence has been acknowledged by the case law in the lower courts.
Our Constitutional Law provides as follows: “All citizens shall be assured of human worth and dignity and have the right to pursue happiness.”(Article 10). “The privacy of no citizen shall be infringed.”(Article 17). “All citizens shall have an equal right to receive an education corresponding to their abilities.”(Article 37 section 1). In accordance with these constitutional provisoions, we are ensuring the personal right. But whether the new right of publicity is the personal right or the property right is under discussion.
This paper examines the constitutional nature of the new publicity rights, and to contribute to guidelines of legislation proposed by the constitutional legal basis of the publicity right.

참고자료

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