Baek Ji Young, the singer who contributed songs to the "Iris," "Secret Garden" and "Gu Family Book" soundtracks, and singer-actress Nam Gyu Ri, who starred in the drama "49 Days" have something to celebrate.
The celebrities won their lawsuit against a plastic surgery clinic that used their pictures without permission. Both women will receive an award of around $4,000 because the clinic staff used photos of them as part of a promotional activity on the clinic's blog.
The court declared that although the clinic's blog posts seem to review television programs, they were actually part of marketing strategies. The blogs were attached to public relations material for the clinic and thus the pictures could be seen as promoting the clinic. If you use a celebrity's photos to promote your services, it is only fair to pay the going rate.
"Using their photos without consent could diminish the value of their work as models," said the court.
Only a week before actor Jang Dong Gun, the star of "A Gentleman's Dignity" lost a lawsuit against another plastic surgeon for using his picture. The doctor did not ask for permission to use his photo nor did he pay for its use.
The plastic surgeon used photos of several actors and kpop idols, including Kim Nam Gil, Song Hye Kyo, BoA, Girls' Generation's Jessica and Tiffany. SM Entertainment, which represents Jang and Girls Generation, claimed the doctor used the photos to attract plastic surgery clients.
"The plastic surgery clinic operated a blog and circulated these artists' images on the Internet to promote the hospital without their consent or permission, thus this is an infringement of these celebrities' rights," said a statement released by SM Entertainment.
The agency asked for $1.2 million in damages but the judge denied their claim, ruling that the doctor had not used the images on purpose. Visitors to the site had uploaded them.
"People can access their site just by looking up the artists' names on the Internet," said an SM representative. "This will mislead people into thinking that our clients have connections to the clinic or have had plastic surgery in the past."
Despite the court ruling, the agency has no plans to abandon this suit and will appeal, probably by having the actors file individual suits.
Currently, Wonder Girls, members of Girls' Generation and actress Su Ae are suing a Gangnam dentist for using their photos and names without their permission.
