Actor Song Seung Hoon Wins Lawsuit

Celebrities have filed several lawsuits over the last year concerning the unauthorized use of their photos to promote products, services and events. Some are the result of contract violations, while other cases have involved companies merely downloading pictures from the Internet to promote their wares. The results have been mixed. Thirty-eight celebrities recently lost a lawsuit over the unauthorized use of their photos by a Gangnam plastic surgery clinic.

Contract violations are often the easiest to determine. Song Seung Hoon recently won a lawsuit about unauthorized photo use. His case was the result of a contract violation that continued even after he warned his former business associates. According to the actor's agency, Storm S. Company, this week the Seoul Central District Court awarded him damages.

The court released this statement.

"We ask for compensation for damages from the violation of the rights of publicity and a reimbursement for the payment associated with the contract for use of portrait rights."

Based on the original terms of his contract, the court ruled that if the company was going to use the actor's picture, they had to pay him.

The dispute arose when the actor signed a contract with a production company, known as H, to promote their musical in 2010. When the musical about traditional Korean music was a success, the actor agreed to continue to promote it for 2011 and 2012 on the condition that he would be paid a fixed amount until the contract ended. But the actor did not receive all the payments he was promised and the production company continued to use his photos and name even after the contract ended.

The actor and his agency sued the production company for using his image, warning them that every day they did so a daily fine would be applied. The court ruled in his favor.

According to the Seoul District Central Court, "Company H is obliged to pay back the unpaid fees of $78,000 due to Mr. Song and for the uses of Mr. Song's image rights even after the expiration of the contract. Company H is obliged to pay $86,670 and in the case of a continued violation, a fine of $284 will be determined for each day after that."

The actor was recently seen in the melodrama "When A Man Loves," playing the thug-turned businessman Han Tae Sang. He also played the role of Moo-Jin in the film "The Messenger." In 2009, he created his own management company, Storm S Company.