The Ministry of Justice (Yonhap)
SEOUL, Dec. 26 (Korea Bizwire) — The justice ministry plans to revise the Civil Act to codify ordinary people’s right to the commercial use of their names, images and other identity traits, officials said Monday.
The ministry unveiled the revision to the Civil Act stipulating so-called publicity rights in a pre-legislation notice through Feb. 6, before submitting the bill to the National Assembly for final approval, the officials said.
Publicity rights are categorized as property rights giving an individual the exclusive right to license the use of their name, image, likeness or other aspects of their persona for commercial promotion.
In the absence of a relevant law, South Korean courts have handed out contradictory rulings in cases seeking the recognition of such rights.
Under the envisioned revision, individuals will be entitled to license or withdraw the use of their publicity rights by others. Such rights will be inheritable and remain effective for 30 years upon inheritance.
The revision also guarantees the right to redress publicity rights violations, such as posthumous compensation.
The ministry said the envisioned legislation could prevent legal uncertainties and disputes concerning publicity rights at a time “anyone can become a celebrity thanks to the development of social networking services.”
(Yonhap)
