Issue Focus

The Ministry of Culture, Sports, and Tourism in Korea is taking steps toward creating legislation to safeguard publicity rights in response to the surge of AI-generated content. Publicity rights permit individuals to commercially leverage their personal attributes, like their likeness or voice, treating them as property rights instead of personality rights. A draft of the bill is already complete and is currently under review by copyright experts, with plans to propose it formally by the year's end.
This initiative arises from the growing challenges posed by AI technology, which has led to numerous infringements on publicity rights. The increasing popularity of AI-generated cover songs on platforms such as YouTube highlights such concerns. Moreover, the scope of deepfake-related crimes has expanded, impacting not only celebrities but also ordinary citizens, as AI-driven exploitative content emerges from their online images.
The Ministry's draft legislation aims to restrict the unauthorized use, distribution, or showcasing of personal features without consent, categorizing such acts as legal violations. Globally, the importance of publicity rights is gaining traction, with countries like the United States and Canada enforcing these rights through state laws. Meanwhile, Japan acknowledges these rights through judicial decisions, although specific legislation is absent.