財産權으로서의 퍼블리시티(Publicity)權利

• 발행기관: 한국재산법학회
• 저자명: 정희섭
• 간행물 정보: 『재산법연구』재산법연구 제20권 제1호, 133~156쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.08.01

영문 초록

This is a study about the right of publicity that is the right of an individual to protect his or her name, likeness. signature, photograph, voice and other distinctive characteristics from non-authorized commercial use by others. In United States. this right has been developed while distinguishing the concept of the right of property from that of privacy since early 1950s. Recently in South Korea, by the reason of radical development of popular entertainment. professional sports and advertising industry, there are many cases that use of name or likeness of famous person for advertisement began to discuss about this right with some quarrels that one is misappropriated one's value of property by others with no permission. Correct understanding and responding of the right of publicity is very important by the meaning of cultural and legislative, that is the reason why this paper tries to explain about the concept and legal character in preference, Especially in the problem of transferability as a legal character of this right. there exists a limitation of assignability or inheritance irresistibly for the two nature of personality and property. In United States, the nonassignability of traditional privacy rights was regarded as one important reason for the creation of the separate concept of the right of publicity. Thus was born the concept of a right of publicity. The rule of free assignability in gross of the right of publicity has never been seriously questioned. Courts have either implicitly or explicitly accepted the rule. The statutes of several states also recognize assignability of the right of publicity. The issue of whether the right of publicity should have a postmortem duration has often been litigated and has attracted the attention of many commentators, who have surveyed all the possible arguments pro and con. The arguments center mostly around three issues: First is the right of publicity a property right or a personal right? Second, what is the most appropriate analogy to borrow from other areas of law? Third, what is the best resolution of the issues on jurisprudential and public policy viewpoints? The U.S. courts have uniformly held that the right of publicity is a property right. The courts have also applied the synonymous label proprietary right. Similarly, commentators. the Restatement of Unfair Competition and the Restatement of Torts agree that the right of publicity is a property right. Several state statutes explicitly state this. In conclusion, personal rights end at death, but property rights continue after death and can descend to heirs. Therefore, the right of publicity continues after death, and has a postmortem duration which can be transferred or licensed before death. In other words, the right of publicity is a property right. property is assignable and inheritable, ergo, the right of publicity is assignable and inheritable.

목차

제1 서언

제2 퍼블리시트권리의 성립 및 재산권인정의 필요성

제3 재산권성에 대한 개별적 검토

제4 결어

참고문헌

ABSTRACT