A Study of Right of Publicity

• Main Authors: Gi-Kuen Li, 李紀寬
• Other Authors: Joe Y. C. Wu
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/46719229013858294606

碩士 === 世新大學 === 法律學研究所(含碩專班) === 98 === With the ever-increasing emergence of media technology, "celebrities" such as athletes, entertainers and politicians, have been able to play an influential role to the public. In the commercial arena, the use of a celebrity's "likeness," "identity" or "persona" has been witnessed to achieve great revenue potential. To maximize a commercial advantage, the use of a celebrity's identity or persona will often be exploited and misappropriated. In the United States, the inherent right of every human being to control the commercial use of his or her identity is established, and coined "the right of publicity." The right of publicity is originated from the "right of privacy," which later evolved independently, and applied to the protection of the property right or the intellectual property right. The scope of the right gradually expanded, and recognized by the Supreme Court of the United States. However, the right of publicity has not been recognized in Taiwan, and no legislation or judicial decision has been set to protect the misuse of a persona. Some scholars believe that in order to claim one's right of publicity under tort law, unjust enrichment, or a false endorsement under unfair competition law, the commercial value of a persona must first be recognized. The greatest challenges for the present provisions are the issue of assignment, succession and postmortem protection. Based on the development and evolution of the right of publicity in the United States, legislation might be a better solution. This thesis will mainly focus on the introduction of the right of publicity in the United States, and provide the reasons why Taiwan has yet to adopt this concept. And finally, this article will propose possible directions for developing right of publicity in Taiwan in the future.