Entertainer Attorney Litigation Case | An Entertainer Attorney Concludes a Right of Publicity Lawsuit Through Successful Mediation

The entertainer attorney held a consultation to accurately understand the case of the client who visited Daeryun.

The client was the head of a company running a beauty brand, and a well-known YouTuber who had served as a model for the client's brand had filed a lawsuit against the client, claiming that the YouTuber's right of publicity had been infringed.

Two years earlier, right after launching the brand, the client had concluded an advertising model contract with the well-known YouTuber, Mr. B, to promote the products.

Even after the contract ended, the company continued to sell promotional brochures featuring Mr. B's face, and photographs of the well-known YouTuber continued to be used on the website posters.

For the reasons above, Mr. B's side filed a damages lawsuit against the client, claiming infringement of the right of publicity.

The client therefore came to a Daeryun entertainer attorney with extensive case experience to defend the lawsuit.

■ The Right of Publicity Explained by the Entertainer Attorney

▶ What Is the Right of Publicity?

The "right of publicity" refers to the right to commercially use the likeness of a public figure, and means an economic right concerning a person's overall impression, including their character, name, and likeness.

In Korea, the right of publicity is not yet an established concept under the law, and the courts address even the property-related aspects of the issue through the right of personality.

In the United States, the right of publicity protects the likeness of a public figure not only from the standpoint of personal rights but also from the standpoint of property rights.

Recently in Korea as well, right of publicity lawsuits by public figures such as film actors, television personalities, singers, and athletes have become increasingly frequent.

■ Statutes Related to the Case Explained by the Entertainer Attorney

Article 750 of the Civil Act (Contents of Tort)

A person who causes loss to another by an unlawful act, intentionally or negligently, shall be liable to compensate for such loss.

Article 1 of the Unfair Competition Prevention and Trade Secret Protection Act (Purpose)
The purpose of this Act is to maintain a sound order of trade by preventing acts of unfair competition, such as the wrongful use of another person's trademark or trade name widely known in Korea, and acts that infringe another person's trade secret.

Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act (Definitions)

1. "Act of unfair competition" means an act falling under any of the following items.
An act that infringes another person's economic interests by using, without authorization and for one's own business, a mark capable of identifying another person, such as that person's name, likeness, voice, or signature, which is widely recognized in Korea and has economic value, in a manner contrary to fair commercial practices or competition order

The entertainer attorney made the following arguments in order to defend the damages lawsuit filed by YouTuber Mr. B, who claimed that his right of publicity had been infringed.

▶ Argument that the online advertising was carried out by another advertising company that had purchased the promotional brochures

▶ Argument that the promotional brochures containing YouTuber Mr. B's face were produced during the advertising contract period

▶ Argument that not deleting the poster from the website was not for the purpose of product advertising

The entertainer attorney assisted with all stages of the lawsuit through continuous discussion and research into the case for the client, who needed to defend a right of publicity damages lawsuit.

As a result, the court accepted the arguments of the Daeryun entertainer attorney, and mediation was established under which only 7.5 million won of YouTuber Mr. B's original claim of 100 million won was to be paid.

The client was satisfied with the successful mediation and repeatedly expressed gratitude to the Daeryun entertainer attorney, who had done their best to resolve the case.

If, like the client above, you wish to defend a right of publicity lawsuit, we recommend consulting a Daeryun Law Firm entertainer attorney.