한류열풍과 유명 연예인 등의 퍼블리시티권에 관한 연구

• 영문명: Research of the right of publicity of Hallyu and celebrities
• 발행기관: 조선대학교 법학연구원
• 저자명: 권상로(Kwon, Sang-Ro)
• 간행물 정보: 『법학논총』제15권 제2호, 215~232쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

Recently the entertainment and soprts/advertisement industry have developed raridly, and the names or identities of celebrities such as entertainers or athletics for the advertisement so that follmving troubles are occurred continually, Some celebrities actually started a suit for their right of Plblicity was violated, and won the case, Meanwhile, the right of Publicity has become a growing legal issue in the society, In the United States, the right of Publicity which controls using ooo's identity for commercial use, and it is recognized as a right of property separated from the right of privacy, But in Germany, the right of Plblicity is protected as a human right, On the other hani, in Korea, there is an argument that the mertal human right and the right of Publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of pulblicity is not unified, Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of Publicity which is a monopoly and exclusionwithout basis such as any actual laws such as regulation of agreement or any conventional laws, Therefore, as the right protection of celebrities is becoming the social state and there is an agreement ""jth the constituents of the society, now Korea shall progress legislation about the right of p.lblicity, and prepare a legal basis which regulates the reroodies for the realization condition, alienation, imeritance, objectives, duration and violation of the right of Publicity,

목차

I. 서 설

II. 퍼블리시티권의 의의

III. 퍼블리시티권의 법적 성격

IV. 퍼블리시티권의 양도성과 상속성

V. 퍼블리시티권의 보호범위

VI. 퍼블리시티권의 침해와 구제수단

VII. 결어

키워드

퍼블리시티권 성명권 초상권 양도성 상속성 Right of publicity name right identity alienation inheritance