한국에서의 퍼블리시티권 논의

• 영문명: The Right of Publicity in Korea
• 발행기관: 한국민사법학회
• 저자명: 嚴東燮(Dongsup Eom)
• 간행물 정보: 『민사법학』제57호, 109~161쪽, 전체 53쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2011.12.31

영문 초록

From 1990’s in order to regulate the commercial use of personal identity, the right of publicity which was developed in the U.S. common law system was introduced into Korea. However Korean civil law system is different from Anglo-American common law system in many aspects. Therefor the reception of the right of publicity as a whole into the Korean legal system has many theoretical and practical problems. First of all, in U.S. the right of publicity has been developed as a correlative concept (in German, Korrelat) in order to fill the gap which was left from the doctrine of the right of privacy. However Korean civil law system has recognized the right of identity (in German, Persönlichkeitsrecht) which integrates the right of privacy and the right of publicity altogether. Therefor this article pointed out that theoretically it is more coherent to regulate the problem of commercial use of personal identity in accordance with the doctrine of the right of identity. In other words, commercial use of personal identity without consent means nothing more than a tort which infringes the right of identity and results in material damages in contrast with the other infringement of the right of identity which results in immaterial damages. Furthermore in the practical aspects, it is not necessary to adopt the right of publicity in order to regulate the assignment of the right of the user who made a contract with the person whose identity is used. If the third party, especially the competitor infringes the assignee’s right, the infringement corresponds to an intentional interference with contract which results in material damages. And if the decedent’s identity is used without consent of the successor, it can be regulated by the law of defamation, the law of trademark and the law of unfair competition. In sum, it is more injurious than beneficial to adopt the right of publicity as a whole which has its origin from Anglo-American common law tradition. With regards to the commercial use of personal identity, it is highly recommended to follow the maxim, “reviewing the old and learning the new” as well as in the other fields of law.

목차

Ⅰ. 머리말

Ⅱ. 독일에서의 논의

Ⅲ. 미국의 Right of Publicity

Ⅳ. 한국에서의 논의

Ⅴ, 맺음말

참고문헌

키워드

퍼블리시티권 프라이버시권 재산권(Property Right) 인격권 인격적 표지의 영리적 이용 재산적 손해의 배상 정신적 손해의 배상(위자료) 금지청구권 제3자에 의한 채권침해 Right of Publicity Right of Privacy Property Right Right of Identity (Persö nlichkeitsrecht) Commercial Use of Personal Identity Material Damages Immaterial Damages Injunction Interference with Contract