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TITLE [Damages]Seoul Eastern District Court Decision 2006Gahap6780 Decided December 21, 2006 [full Text]
Summary
[1] The case where the deceased person's right of publicity is acknowledged [2] The case holding that the infringement upon the right of publicity can not be acknowledged on the ground that although the gift certificate issuance company had used the already deceased famous novelist's portrait without an inheritor's permission in the gift certificates, it did not reach the point of harming the deceased person's reputation in light of places of their use or their contents, etc. [3] Whether the right of publicity can be recognized as an independent right as a matter of interpretation of Korean law (affirmative) and the objects of such recognition [4] Whether the right of publicity is inherited (affirmative) [5] Protection period of the right of publicity (= up to the fifty years from the death of a person) [6] The case holding that if the display of the deceased person's portrait in the gift certificates occurred after 62 years of his death, the deceased person's right of publicity can not be protected no longer as an exclusive right
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