個人의 同一性(identity)의 商業的 利用에 대한 보호 법제-퍼블리시티권을 중심으로-

Abstract

With development of mass media, personal identity can be commercially used without the authority, which has raised the necessity for the protection of it. Countries has different legal system for the protection of personal identity: Some provide for the protection with the publicity right, and others do defining illegal use of it as a fraud. There has been no sui generis legislation for the protection of personal identity in Korea, and it currently is protected under various laws such as copyright, and trademark, etc. The current legal system, however, can not provide enough protection since each has the limitation of protection scope. Therefore, this study suggests the enactment of a sui generis legislation.