News and developments
Korea’s Draft Amendment to the Civil Act May Mean Statutory Protection for ‘Right of Publicity’
In light of the dynamic recent changes to the range of celebrity and fame, on December 26, 2022, the Korean government previewed legislation regarding a draft amendment to the Civil Act establishing the “right to use for profit personal identity marks which characterize oneself such as portrait, name, voice, etc.” (a.k.a., the right of publicity) as a universal right for all individuals. Like many other leading jurisdictions around the world, Korea recognizes that the right of publicity is an evolving and developing area of the law that has similarities to trademark law and may also impact brand owners. The Lee & Ko IP Team will continue to monitor and analyze these important statutory changes, as summarized below, for our clients, colleagues, and friends.
If you have any questions regarding this article, please contact below: Un Ho Kim ([email protected]) John Kim ([email protected]) Julie Shin ([email protected]) Vera Eun Woo Lee ([email protected]) Jaewoo Kwak ([email protected]) For more information, please visit our website: www.leeko.com
[1] Draft Amendment Article 3-2 (Personal Rights) (2) A person may request that another person who misappropriates the interest in personal rights under Paragraph 1 (hereinafter, Personal Rights) take appropriate measures to eliminate such misappropriation and restore the misappropriated interest in Personal Rights. (3) A person may request protection for prevention or compensation for damages against acts that hold a risk of misappropriation on Personal Rights.
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Key Provisions of Korea’s Draft Amendment to the Civil Act
- A person has the right to use his or her name, portrait, voice or other personal identity marks in a rational way.
- The right of publicity under paragraph (1) shall not be transferred.
- The right holder of a right of publicity may permit other persons to use their right of publicity.However, such permission may be withdrawn for serious causes, such as contradictory principles.
- A person who has a legitimate interest in the use of another person's personal identity marks may use the personal identity marks within a reasonable scope without permission from the holder of the right of publicity.
- The right under paragraph (1) shall be inherited after the death of the right holder and shall remain in existence for a period of 30 years.
- The provisions of Article 3-2(2) and Article 3 shall apply mutatis mutandis to the right of publicity. [1]
- request the removal of a name, image, or likeness from unauthorized use campaigns;
- take appropriate measures against misappropriation;
- seek judicial protection for prevention of misappropriation; and
- obtain compensation for damages when there is misappropriation.
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Practical Implications for Future Enforcement
If you have any questions regarding this article, please contact below: Un Ho Kim ([email protected]) John Kim ([email protected]) Julie Shin ([email protected]) Vera Eun Woo Lee ([email protected]) Jaewoo Kwak ([email protected]) For more information, please visit our website: www.leeko.com
[1] Draft Amendment Article 3-2 (Personal Rights) (2) A person may request that another person who misappropriates the interest in personal rights under Paragraph 1 (hereinafter, Personal Rights) take appropriate measures to eliminate such misappropriation and restore the misappropriated interest in Personal Rights. (3) A person may request protection for prevention or compensation for damages against acts that hold a risk of misappropriation on Personal Rights.