Question
Hello. I am planning to make slogans (merchandise) featuring photos of a celebrity that were officially released by the celebrity or their management agency, and distribute them for free through the celebrity’s fan café.
I searched online and found that there are many legal issues I need to consider, such as portrait rights, copyrights, and publicity rights. In this situation, could any of these rights—portrait rights, copyrights, or publicity rights—be recognized as having been infringed if a legal dispute were to arise?
Please help me. :)
Answer
If you obtain consent from the celebrity or their management agency (in most cases, the agency will have been authorized to handle such matters), there should not be a problem.
However, the fact that a photo was publicly released by the celebrity’s management agency does not mean that the agency has given up its copyright, portrait rights, or other rights. You should carefully determine whether the photo was released under terms that relinquish the copyright and allow anyone to use it, or whether it was simply made available to the public.
Meanwhile, portrait rights and publicity rights are not expressly established or defined in Korean statutes. Rather, they are rights that have been recognized by courts in certain circumstances. Therefore, using such material does not automatically constitute an infringement of these rights. However, if photographs or other images of a celebrity are used commercially or as part of a business activity, there is a greater possibility that such use could constitute an infringement.
Whether copyright, portrait rights, or publicity rights have been infringed must be determined by comprehensively considering factors such as the nature of the copyrighted work, how and to whom it was distributed, and the explicit or implied intentions of the copyright holder.
If you have further questions, I recommend seeking assistance from a legal professional.