earticle

영어

This is study about the right of publicity which is generally defined as an individual’s right to control and profit from the commercial use of his/her name. In America, there is no uniform federal law which protect the individual’s right of publicity but either common law or statutory law protect the right of publicity. In Germany personality rights are protected under the German civil code. In Japan protection for the right of publicity is protected as an outgrowth of general tort law. The right of publicity is recognized as both a moral right and an economic right. In Korea, there has been many cases where celebrities and sports stars claim their right of publicity against various types of unauthorised commercial use of their identity. This study suggest the protection of the right of publicity by amending Unfair Competition Law. As every situation varies depending cases, ruling by general provision would be a good solution to deals with this kind of dispute.