학생선수의 퍼블리시티권 보호에 관한 연구－미국 NCAA의 규정과 사례를 중심으로－ (Study on the Protection of College Athletes’ Right of Publicity)

서지정보

· 발행기관 : 단국대학교 법학연구소
· 수록지 정보 : 법학논총 / 37권 / 4호 / 87 ~ 114페이지
· 저자명 : 남기연

초록

This study is about the protection of right of publicity of college athletes, especially in connection with the regulation and case of the National Collegiate Athletic Association(NCAA). In the United States, the right of publicity has been developed by common law as the wholly different and separate legal right from that of privacy. Because of commercialization of professionalization of sports personal identity of athletes was used in advertisement for commercial product or service. There have been also several cases of the commercial use of name or likeness of athletes without the authority, which has raised the necessity for the protection of it.
NCAA doesn’t allow the student-athlete to receive compensation for the commercial use of their identity. A student-athlete cannot sell his name or likeness for commercial product or service and receive compensation more than tuition, room and board. But his identity was used to make of university trading cards, college jerseys, video game, etc. Schools make a lot of profit from the sale of them. college jerseys, trading cards, etc. In area of sale of college merchandise college athletes’ right of publicity were exploited. Therefore, the protection of the right of publicity and compensation for use of it has been discussed. For compensating student-athletes revenue sharing and removal of restriction on part-time employment have been proposed. But the compensation of student-athlete for his performances is not essentially be the only answer to protecting his rights of publicity. The prevent the commercial exploitation of the student-athlete is very important. In addition, considering the amateurism and the status of student-athlete education is more important than commercial profit.

영어초록

This study is about the protection of right of publicity of college athletes, especially in connection with the regulation and case of the National Collegiate Athletic Association(NCAA). In the United States, the right of publicity has been developed by common law as the wholly different and separate legal right from that of privacy. Because of commercialization of professionalization of sports personal identity of athletes was used in advertisement for commercial product or service. There have been also several cases of the commercial use of name or likeness of athletes without the authority, which has raised the necessity for the protection of it.
NCAA doesn’t allow the student-athlete to receive compensation for the commercial use of their identity. A student-athlete cannot sell his name or likeness for commercial product or service and receive compensation more than tuition, room and board. But his identity was used to make of university trading cards, college jerseys, video game, etc. Schools make a lot of profit from the sale of them. college jerseys, trading cards, etc. In area of sale of college merchandise college athletes’ right of publicity were exploited. Therefore, the protection of the right of publicity and compensation for use of it has been discussed. For compensating student-athletes revenue sharing and removal of restriction on part-time employment have been proposed. But the compensation of student-athlete for his performances is not essentially be the only answer to protecting his rights of publicity. The prevent the commercial exploitation of the student-athlete is very important. In addition, considering the amateurism and the status of student-athlete education is more important than commercial profit.

참고자료

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