퍼블리시티권(인격표지영리권)과 표현의 자유의 보호에 관한 연구

Abstract

With the recent emergence of various online media with the development of information and communication technology, direct communication between people is becoming active, and not only celebrities but also ordinary individuals are likely to become famous, and it has become common for them to use their personality signs to perform various commercial activities. Unlike in the past, when it was unfamiliar to recognize economic and property values on personal signs of ordinary individuals, it is a reality that personal signs of ordinary individuals can be used profitably enough, and the need to protect the creation of economic value is emerging. Considering such a situation, it can be said that a partial amendment to the Civil Act that recognizes the right of publicity as a universal right for all ordinary individuals as well as celebrities has been announced for legislation. However, if everyone has the right of publicity, it can be argued whether many expressions using other people's personal signs violate the right of publicity which can lead to a contraction in freedom of expression. The Civil Act Amendment, which was announced by the Ministry of Justice, aims to resolve the conflict with freedom of expression in a harmonious way by stipulating that “a person who has a legitimate interest in the use of another person's personality mark can use the personality mark commercially to a reasonable extent without the permission of the personality mark for profit.” However, there is a question of whether the phrase “fair interest” can be harmonized with freedom of expression, and it is also necessary to consider specifying the scope of “fair interest” as a case of using it for current affairs reporting, reporting, broadcasting, and education. In the case of celebrities, the past position based on the possibility of accepting public figures is expected to be maintained, and in the case of ordinary individuals, the logic of the possibility of accepting public figures cannot be applied equally, but considering whether it is a violation of the right to publicity or whether it should be protected as freedom of expression, considering whether it is conducting commercial and commercial expressions by focusing on the use of personality marks of famous individuals.