▲ This Yonhap file photo shows South Korean actor Baek Il-seop. (PHOTO NOT FOR SALE)(Yonhap)

 

SEOUL, Sept. 16 (Yonhap) -- A Busan-based kitchenware company that used actor Baek Il-seop's photo without permission for more than 20 years to promote its products has been ordered to pay him 100 million won in damages.

 

According to legal sources Wednesday, Moon Hyun-jung, a single-judge of the Busan District Court's Western Branch, ruled in favor of Baek in his damages suit against kitchenware manufacturer and seller Company A, ordering the defendant to pay the plaintiff 100 million won.

 

Company A, based in Busan, had been selling kitchenware, including pots, with stickers bearing Baek's photo attached to the products since the mid-1990s.

 

Baek's photo also appeared in product photos and descriptions posted on the company's website and online shopping malls. Some of the products were also sold on certain online shopping malls under names reminiscent of Baek.

 

In September 2019, Baek's side sent Company A a certified letter demanding that it stop using his photo without permission and warning of possible civil and criminal action.

 

However, the company continued to use Baek's photo as if he were its advertising model and remained in business until it shut down in February. Product photos featuring Baek's image also remained on its website and online shopping malls until the close of arguments in the case.

 

Baek argued that the unauthorized use of his photo violated his publicity rights, portrait rights and name rights, seeking a total of 154.43 million won, including 124.43 million won in property damages and 30 million won in compensation for emotional distress.

 

Judge Moon did not recognize the publicity right claimed by Baek as an independent property right, but found that the company had committed a tort by violating his portrait rights.

 

“There is no evidence to establish that an advertising-model contract was concluded between the plaintiff and defendant or that the defendant paid advertising fees to the plaintiff,” Judge Moon said.

 

“Considering that the plaintiff formally protested the unauthorized use of his image in 2019, it is also difficult to view the use of the photo as having been tacitly approved without compensation,” she said.

 

The judge calculated property damages at 80 million won, taking into account the compensation Baek could have received had he entered into a legitimate contract for the use of his image. She also awarded 20 million won in damages for his emotional distress.

 

“Everyone has the right to prevent their face or other physical characteristics that can identify them from being publicly disclosed or commercially exploited without authorization,” Judge Moon said.

 

“The defendant's use of the plaintiff's photo to promote its products without obtaining his consent constitutes an infringement of portrait rights,” she added.

[ⓒ K-VIBE. 무단전재-재배포 금지]