Baek Il-seob awarded 100 million won for unauthorized image use

A South Korean court has ordered a kitchenware manufacturer to pay actor Baek Il-seob 100 million won in damages for the unauthorized use of his image for over 20 years.

The Busan District Court Western Branch ruled that the company, which manufactured and sold pots and other kitchen supplies, used stickers featuring Baek’s face on its products and across online shopping platforms starting in the mid-1990s. Despite receiving a formal notice from Baek’s side in September 2019 demanding the cessation of use, the company continued the practice until its closure in February of this year.

While the court did not recognize the infringement of publicity or name rights as independent property rights in this specific case, it ruled that the company’s actions constituted a clear violation of portrait rights. The court calculated 80 million won in property damages and 20 million won in alimony, noting that there was no evidence of a formal advertising contract or payment to the actor. The judge emphasized that individuals have the right to prevent their physical characteristics from being used for commercial gain without consent.