Washington International Law Journal


Hyung Doo Nam


The Right of Publicity is both a cultural based property and a corresponding right that protects the entertainment industry in the worldwide market. Discussion of the Right of Publicity, as a preliminary matter, must separate the policy-based approach of the United States from the doctrinal approaches. In order for this discussion to be carried out, the author considers the Right of Publicity with two new approaches. First, it is the author’s view that the Right of Publicity must be understood in the context of the entertainment market, considering the role of each player and their relationship to each other. Second, the Right of Publicity should also be discussed from a global market perspective. In order to discuss the publicity rights in a global market perspective, the comparative law approach is utilized, allowing the Right of Publicity to become more scientifically rational. The comparative law analysis of the Right of Publicity can provide a cornerstone for legal research on the subject, which can further enable the right to be widely accepted by different countries.

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