초록

In California, common law right of publicity is recognized and the contents of the right of publicity has been expanded by this. California Civil Code stipulates “Person”, and this term is interpreted as real human person. Therefore,the person who are protected by the right of publicity has been restricted to real human person. Protected aspects of personal identity are broad because common law right of publicity is applicable where California Civil Code does not cover. Accordingly, the statute do not need to be interpreted broadly. In New York, common law right of publicity is not recognized and the right of publicity must fit within the New York statute. The statute stipulates “any living person”, so the person who are protected by the right of publicity is restricted to real human person. Also, protected aspects of personal identity are provided by the statute. Now, the statute stipulates “name, portrait, picture or voice” as protected aspects of personal identity. Sometimes the statute is interpreted broadly, but that is not always the case. In Korea, the right of publicity is not stipulated in the statute. However, the number of judgements that recognize the right of publicity is increasing and the contents of the right of publicity is expanding. But, in America, each States take different position about the recognition, scope, and contents of the right of publicity. In New York, the right of publicity is recognized within the statute. Therefore, in Korea, we should examine carefully whether the right of publicity is appropriate and how the contents of the right of publicity should be determined. Especially, we should examine above problems from the study of the relation of the right of publicity to personality right.

키워드

퍼블리시티권(The Right of Publicity), 프라이버시권(The Right of Privacy), 동일성(Identity), 상업적 이용(Commercial use), 도용(Appropriation)

참고문헌(12)open

  1. [단행본] 이상윤 / 2009 / 영미법 / 박영사

  2. [단행본] 이수형 / 2006 / 미국법 오해와 이해 / 나남출판

  3. [단행본] 장영진 / 2008 / 미국법강의 / 세창출판사

  4. [단행본] 최대권 / 2001 / 영미법 / 박영사

  5. [단행본] J. Thomas McCarthy / 2009 / The Rights of Publicity and Privacy, 2nd ed. / Thomson Reuters

  6. [단행본] Prosser / 1984 / The Law of Torts, 5th ed. / West Publishing Co.

  7. [단행본] The American Law Institute / 1977 / Restatemnet of the Law, Second / American Law Institute Publishers

  8. [단행본] The American Law Institute / 1995 / Restatement of the Law, Third, Unfair Competition / American Law Institute Publishers

  9. [학술지] Melville B. Nimmer / 1954 / The Right of Publicity / Law & Contemporary Problems 19

  10. [학술지] Oliver R. Goodenough / 1996 / Go Fish: Evaluating the Restatement’s Formulation of the Law of Publicity / South California Law Review 47

  11. [학술지] Peter L. Flecher / 1979 / Privacy, Publicity, and the Portrayal of Real People by the Media / Yale Law Journal 88 (8)

  12. [학술지] William L. Prosser / 1960 / Privacy / California Law Review 48