`A dancing Psy doll doesn’t violate portrait rights,` ruled the court

Can it be said that a “celebrity-looking doll” violates portrait rights of the celebrity?

In 2012 when a Korean pop song “Gangnam style” sung by Psy (Park Jae-sang) became hugely popular, a doll manufacturing company began to produce and sell a stuffed toy (photo), which dances to the song. The company paid the royalty for “Gangnam style” to YG Entertainment, Psy’s management company, and embedded a sound chip into the doll. From dark sunglasses, lifted mouth corner to a glittering vest, the doll looked like Psy on the surface.

YG Entertainment filed a lawsuit against the company, saying, “Other than the commercial use of sound chip for the song, the company distributed the character doll of Psy without proper legal permission, and in doing so, it infringed upon the interest of YG Entertainment who otherwise could have made commercial interest.” YG’s argument was that the Psy-looking doll violated Psy’s portrait and publicity rights.

The court, however, came up with a different verdict. “The look of the stuffed doll doesn’t give the impression of Psy’s character,” said Judge Lee Min-soo at Seoul Central District Court on Tuesday, ruling against the plaintiff YG Entertainment who filed damage claim suit.

“In order for portrait rights violation to be accepted, the product concerned should be identical to or similar with the character of the celebrity concerned,” explained the judge, pinpointing, “Whether or not the dancing Psy doll actually reminds of Psy depends on the eye of the beholder.” The courted also dismissed the violation of publicity rights on the ground that it can be sufficiently protected by portrait rights.