한류열풍과 유명 연예인 등의 퍼블리시티권에 관한 연구

Research of the right of publicity of Hallyu and celebrities

Recently the entertainment and soprts/advertisement industry have developed raridly, and the names or identities of celebrities such as entertainers or athletics for the advertisement so that follmving troubles are occurred continually, Some celebrities actually started a suit for their right of Plblicity was violated, and won the case, Meanwhile, the right of Publicity has become a growing legal issue in the society, In the United States, the right of Publicity which controls using ooo's identity for commercial use, and it is recognized as a right of property separated from the right of privacy, But in Germany, the right of Plblicity is protected as a human right, On the other hani, in Korea, there is an argument that the mertal human right and the right of Publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of pulblicity is not unified, Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of Publicity which is a monopoly and exclusionwithout basis such as any actual laws such as regulation of agreement or any conventional laws, Therefore, as the right protection of celebrities is becoming the social state and there is an agreement ""jth the constituents of the society, now Korea shall progress legislation about the right of p.lblicity, and prepare a legal basis which regulates the reroodies for the realization condition, alienation, imeritance, objectives, duration and violation of the right of Publicity,