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Posted by starsung87 pts Monday, January 13, 2014

Song Seung Hun wins lawsuit against musical production company

Song Seung Hun
Song Seung Hun�won his lawsuit against a musical production company for violation of his right of publicity with the usage of his photos, videos, and name without proper compensation even after the expiration of his contract.


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According to the Seoul Central District Court, Song Seung Hun's agency Storm S Company stated, "We ask for compensation for damages from the violation of the right of publicity and a reimbursement for the payment associated with the contract for use of portrait rights."


Production company H previously appointed Song Seung Hun as their ambassador to promote their gukak musical (traditional Korean music musical). The two parties signed a contract for Song Seung Hun to be paid a fee for the usage of his photos and videos for promotion of the musical in 2010. Following the musical's success, the actor then agreed to continue as an ambassador for the latter-half of 2011 and 2012 with the condition that he would be paid 8,340,000 KRW (~$7,900 USD) per month until his contract expires. However, the company only paid the actor the usage fee for July-August 2011 and July 2012 and continued to use his photos and name on their homepage and more, even after the expiration of the contract.


Song Seung Hun sued company H for the violation of his right of publicity and warned that if the company decides to continue with this illegal act, they will be fined 300,000 KRW (~$284 USD) each day. The court ruled in favor of the actor during the final hearing on the 10th.


The court stated, "Company H is obliged to pay back the unpaid fees of 82,500,000 KRW (~$78,000 USD) due to Mr. Song and for the usage of Mr.Song's portrait rights even after the expiration of the contract, [company H] is obliged to pay 91,700,000 KRW (~$86,670 USD) and in the case of continued violation, a fine of 300,000 KRW (~$284 USD) will be demanded each day afterwards."



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