미국 퍼블리시티권(the right of publicity)의 개념과 보호대상 -캘리포니아주와 뉴욕주를 중심으로-

In California, common law right of publicity is recognized and the contents of the right of publicity has been expanded by this. California Civil Code stipulates “Person”, and this term is interpreted as real human person. Therefore,the person who are protected by the right of publicity has been restricted to real human person. Protected aspects of personal identity are broad because common law right of publicity is applicable where California Civil Code does not cover. Accordingly, the statute do not need to be interpreted broadly. In New York, common law right of publicity is not recognized and the right of publicity must fit within the New York statute. The statute stipulates “any living person”, so the person who are protected by the right of publicity is restricted to real human person. Also, protected aspects of personal identity are provided by the statute. Now, the statute stipulates “name, portrait, picture or voice” as protected aspects of personal identity. Sometimes the statute is interpreted broadly, but that is not always the case. In Korea, the right of publicity is not stipulated in the statute. However, the number of judgements that recognize the right of publicity is increasing and the contents of the right of publicity is expanding. But, in America, each States take different position about the recognition, scope, and contents of the right of publicity. In New York, the right of publicity is recognized within the statute. Therefore, in Korea, we should examine carefully whether the right of publicity is appropriate and how the contents of the right of publicity should be determined. Especially, we should examine above problems from the study of the relation of the right of publicity to personality right.