Re: 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
rdowd[_at_]dunnington.com  

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.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 <DHalbert[_at_]otterbein.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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