It turns out Baek Il-seop was not a model.. "100 million won in damages" for unauthorized use of portrait rights [Star Issue]

*This content was translated by AI.

A kitchenware company in Busan that used actor Baek Il-seop's photo without permission for over 20 years has been ordered to pay him 100 million won in damages.

According to legal sources on the 16th, the Western District Court of the Busan District Court ruled in a single-judge civil division that "the defendant shall pay the plaintiff 100 million won" in a lawsuit filed by Baek Il-seop against Company A, a kitchenware manufacturer and seller.

Company A, located in Busan, has been attaching stickers featuring Baek Il-seop's photo to pots and other kitchen products it manufactures and sells since the mid-1990s. Product photos and descriptions uploaded on the company's website and online shopping mall also displayed Baek Il-seop's image, and some items were distributed under names reminiscent of him.

In response, Baek Il-seop's side sent a formal notice to Company A in September 2019, demanding cessation of use due to unauthorized use of his photos and warning of legal action both civilly and criminally.

However, it was investigated that Company A continued to operate by using Baek Il-seop's photos as if he were an advertising model until the company ceased operations in February this year, and product images with those photos remained on its website and online shopping mall until the conclusion of the case proceedings.

Baek Il-seop claimed a total of 154.43 million won, including 124.43 million won in property damages and 30 million won in compensation for mental distress, arguing that Company A's actions infringed upon his publicity rights, portrait rights, and name rights.

However, the court did not recognize the publicity right claimed by Baek Il-seop as an independent property right. It ruled that the infringement of his portrait rights constituted a tortious act.

The judge stated, "There is no evidence to support that an advertising model contract was concluded between the plaintiff and the defendant or that the defendant paid advertising fees to the plaintiff's side. Considering that the plaintiff formally protested the unauthorized use of his photo in 2019, it is difficult to assume that he implicitly approved the use of the photos without any compensation."

The court then calculated property damages at 80 million won, considering what Baek Il-seop could have received had he entered into a normal portrait usage contract, and also recognized 20 million won in compensation for mental distress.

The judge further stated, "Everyone has the right to prevent their facial features or other identifiable physical characteristics from being publicly disclosed or used for profit without permission." It was clarified that using photos for product promotion without consent constitutes an infringement of portrait rights.

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*This content was translated by AI.