Question from a Student

In the United States, documenting fact for non-commercial
use is
generally protected by the First Amendment as speech.  A
number of
states have statutes creating rights of publicity or privacy
where a
person's name, image or likeness is sought to be exploited
for purposes
of trade.  Articles 50-51 of New York's Civil Rights Law
creates such a
right.  "purposes of trade" is defined by case
law, and generally is
advertising.   So if our friend wanted to use the fighting
couple in a
video to sell his brand of sneakers or perfume, she would
have a lawsuit
in New York.

I am not aware of any sound legal basis for her suing him
under any US
federal or state law.  I doubt that a US court would apply
any Korean
law abhorrent to the First Amendment, or that a state or
federal court
would enforce a Korean judgment on similar grounds.

I would advise the student to continue exercising whatever
liberties he
sees fit to exercise, but not to respond in any way to her
(his response
might create a South Korean tort we're not aware of if it
spoils her
wedding or something similar).

Raymond J. Dowd
Partner
Dunnington, Bartholow & Miller, LLP
477 Madison Avenue, 12th Floor
New York, NY 10022
Tel: (212) 682-8811
Fax: (212) 661-7769
rdowddunnington.com
 

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHTcni.org] On Behalf Of Steven Jamar
Sent: Tuesday, October 10, 2006 7:00 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Re: [CNI-(C)] Question from a Student

Not so much copyright as invasion of privacy or
expropriation of
personal likeness.  Not to mention politeness and civility.

Sure, she can sue him but where and on what law are a bit
tricky.

South Korean law and procedure are not the same as in the
US.



On 10/10/06, Halbert, Debora <DHalbertotterbein.edu> wrote:
>
> Hello,
>
> Sorry for the cross-posting, but I'm wondering if
anyone has any
> specific insights I could forward to this student.  His
situation
seems
> to raise some interesting questions but I am in no
position to really
> answer them (minus the bit about 'rights as an American
citizen.'
>
> Thanks
>
> Debbie Halbert
> Otterbein College
>
> -----Original Message-----
> From: Kim, Andrew
> Sent: Saturday, October 07, 2006 6:27 PM
> To: Halbert, Debora
> Subject: I have a law question.
>
>
> Hello, sorry to bother you. I have a law question that
really baffles
> me.
>
> Recently I have posted a youtube clip that I took from
another
country.
> Just in a matter of weeks, it has gotten HUGE views,
mostly from the
> foriegn country I was in. I flimed a guy and a girl
fighting in a
public
> place. Apparently the girl messaged me through youtube
and said that
she
> called interpol and is threatening to sue me....FROM
ANOTHER COUNTRY,
IF
> I dont delete that video! can she even do that????
Should I delete the
> video for my own sake? Wouldn't my rights as an
American citizen
protect
> me from her? By the way this country was South Korea.
>
> Thank you for your time.
>
>
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-- 
Prof. Steven Jamar
Howard University School of Law

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