미국 판례에서 나타난 퍼블리시티권의 확장과 음악 그룹의 퍼블리시티권

While the right of publicity was traditionally rooted in the protection of individual human persons, U.S. case law has gradually evolved to address more complex legal entities. A significant development in this doctrine is the recognition of a group's right of publicity, particularly concerning musical groups. Although corporations and general business organizations are typically denied these rights because they lack "human dignity and feelings," several courts have recognized that musical groups—such as rock bands—possess a protectable right of publicity in their group identity. This extension is based on the rationale that the collective name and persona of a group carry substantial commercial value and investment, much like that of an individual celebrity. Consequently, unauthorized commercial use of a musical group's name or likeness can be subject to legal action, even if the group operates as a collective entity rather than a single natural person. While the detailed legal doctrines and underlying rationales may not have been fully articulated here, the expansion of the right of publicity can be viewed as a significant milestone achieved through the evolution of U.S. case law. However, such an expansion could present a formidable challenge to other musical groups who must promote their own identity and music while navigating the risk of infringing upon these broad rights. Ultimately, granting a general right of publicity to musical groups functions as a double-edged sword, necessitating profound and careful consideration. In South Korea, where the entertainment industry is experiencing exponential growth alongside the global K-Pop phenomenon, we will likely encounter legal disputes regarding the recognition of a musical group's independent right of publicity in the near future. It is my hope that this writing serves as a valuable reference for the establishment of future legal frameworks and doctrines on this matter.