[Q&A: Entertainment Law] Can a Film Company Use a Screen Shot Which Contains My Image Without My Consent?

Q) I, as a foreign actress living in Korea, recently appeared in a Korean movie that was very successful. I had about 10 lines – 10 minutes of screen time.  Now I see that the film company has put my picture on the back of the DVD case in which the movie has just been released. They Never asked for my permission and Never paid me any money for this.  Do you believe that I have a case against the film company?  Thank You.

A) I understand a certain portion of movie screen shot is printed on the back side of the DVD case.  In this case, the producer, not an actor, has the right to the screen shot.  So the producer does not have to get a consent from an actor to use the screen shot to promote the film such as to make a dvd cover.

If the producer, however, uses the screen shot which contains your image to promote not the film itself but other products such as a car, dvd-player and so on without your consent, it infringes your right of publicity.  But I’m afraid that this is not that case.

I hope this to be of assistance to you.  If you have more questions please email me back.  Our law office is also specialized in an entertainment law. If you have more questions about Korean law related issues, please visit our Legal Consultation center or send your inquiry email to Mr. Wonil Chung(askkorealaw@gmail.com).

© 2010 Mr. Wonil Chung, a Korean Lawyer/Chung & Partners, a Korean Law Firm.  All rights reserved.


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