상업사진의 초상권 침해와 구제방안에 관한 연구

Abstract

In the history of photography, a man not only play a role as a part of background but also is a theme himself. Due to their individual uniqueness, which is a distinct characteristic from other subjects, they functions as diverse subjects along with the history of photography. In the early stage, nobody assumed that the subject of picture could claim one's right. These days, however, the protection of individuals' right is of great importance. The notion of the right of likeness, therefore, came into existence, which means models of photography have their right of themselves. As it is general to use portraits of others in the commercial photography, there is a heated controversy on the right of likeness infringement. Unfortunately, the right of likeness is not yet clearly stated in the law, with the consequence that its applicability is vague. I will research into the concept of the right of likeness, as a right of privacy and a right of publicity, and examine the judicial precedents of infringement. Also, I will make a study of what kind of disputes on the right of likeness infringement can occur, and what we can do to prevent dissensions from happening.