퍼블리시티권 침해의 유형에 관한 연구-판례에 나타난 피고의 이용형태를 중심으로-

초록

This article analyses thirty five Korean cases on the infringement of right of publicity. Then it categorizes those cases into nine groups, based on the commercial settings in which defendants commercially used plaintiffs' likeness. Those nine groups are use in advertisements for commercial products and services, use in fictions, use as commercial products, use in connection with plaintiffs' works, use in games, use in domain names, use in accompanying contents to services on Internet business sites, use as designs for commercial products, use as trademarks. This article also deals with other issues such as cases for allowing damages for mental harms to plaintiffs, freedom of expression and commercial use, goodwill and publicity. Although not a small number of cases and articles on the right of publicity have been published, more research on the subject is required in Korea.

키워드