재산분할청구권의 대상으로서 지적재산권

Intellectual Property Right as an Object of Equitable Distribution - Focused on Right of Publicity

It has been long since equitable distribution became important in divorce suit. However, only the traditional properties such as real estate, personal properties and financial assets have been a subject for premise of trial or scholarly discussion. Recent developments and rising values on intellectual properties made it to be considered as an object of equitable distribution in divorce suit. Yet, only the traditional intellectual properties such as patent rights, trademark rights, copyrights(royalty income) are being noticed. Ten years have passed since our court approved the Right of Publicity as a right to allow commercial usage for the name and portrait of celebrities. It has already been discussed in the United States whether or not the Right of Publicity can be the object of equitable distribution. The Right of Publicity or similar rights such as career, status and goodwill of celebrities can be an income-producing property. This article reviews the U.S. court decisions to recognize it as marital property which is an object of equitable distribution and the arguments among the U.S. scholars. Despite of the legal differences between the U.S. and Korea, We should consider the eligibility of the Right of Publicity as an object of equitable distribution. Since there have been neither relating precedents nor discussions, I expect that this article may bring interest to family law, intellectual property law and entertainment law.