Two singers' right of publicity recognized
By Kim Jae-won
Baek Ji-young
Nam Gyu-ri
A Seoul district court recognized two female singers’ “right of publicity” Monday, ordering a plastic surgeon to pay them 5 million won each for using their photographs without permission.
The right of publicity is the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of their identity.
The Seoul Central District Court said the surgeon surnamed Choi damaged the rights of Baek Ji-young and Nam Gyu-ri by posting their photos on his clinic’s website without permission.
“If the photos are used continuously without permission, it is inevitable that the commercial value of Baek and Nam as advertisement models will decline,” said Judge Jeong Chan-woo in the ruling.
The ruling is the latest to recognize the right of publicity in Korea where there is no specific law related to the right. However, district courts have recognized the right based on civil law.
“The right of publicity has been widely respected in local courts because images of celebrities have significant commercial value,” said Bae Keum-ja, a lawyer in charge of law firm Haein in southern Seoul.
Bae said the Ministry of Culture, Sports and Tourism plans to submit a bill to guarantee the right by inserting a clause in the Intellectual Property Law in the near future.
In the United States, the right of publicity is a state-based law as opposed to a federal one, and recognition of the right can vary.
Baek is a 37-year-old singer who married actor Jung Suk-won ― 10 years younger than her ― earlier this month. She is famous for her powerful hit songs, including “Choice” and “I Won’t Love.”
Nam is a 27-year-old singer and actress. She was a former member and leader of the female trio, SeeYa. In 2009, Nam had a contract dispute with the management company and left the group.