Keirin Screen Broadcast Does Not Infringe on Athlete Portrait Rights

Keirin race. (Photo by Korea Sports Promotion Foundation)

[Asia Economy Yeongnam Reporting Headquarters Reporter Jucheol In] A court ruling has been made stating that broadcasting Keirin races on screens does not infringe on the riders' portrait rights.

On the 6th, according to Busan Regional Corporation SpoOne, the Civil Division 21 of the Seoul Eastern District Court recently dismissed the injunction request filed by the Korea Keirin Riders Association (Riders Association) against the Seoul Olympic Memorial Sports Promotion Foundation, Changwon City and Changwon Keirin Corporation, and Busan City and SpoOne, which operate Keirin races, to prohibit cross-betting.

The Riders Association filed the injunction last October, claiming that the Sports Promotion Foundation, Changwon Keirin Corporation, and SpoOne had no grounds to broadcast Keirin race videos off-site, and that broadcasting the actual race footage externally infringed on the Keirin riders' portrait rights and publicity rights.

The court ruled, "In the fast-paced Keirin race videos, riders wear racing suits and helmets of different colors, making it difficult to clearly identify facial or specific physical features, so it cannot be concluded that portrait rights are infringed."

Regarding publicity rights, which prohibit commercial use of portraits or names without permission, the court also rejected the Riders Association's claim, stating, "There is currently no statutory law recognizing this concept, nor is there established customary law."

The court also judged that the off-site broadcasting of race videos "cannot be definitively said to be conducted without legal grounds."

As a result of the court's decision, race operators such as SpoOne, Changwon Keirin Corporation, and the Sports Promotion Foundation will be able to continue cross-race and cross-betting, which involves broadcasting race videos off-site without actually operating the Keirin races for certain events annually, for the time being.

However, the Riders Association has filed a main lawsuit along with the injunction request, so the court's final ruling is still pending.

Last October, the Riders Association filed the injunction in protest after SpoOne canceled the remaining Keirin races held in the second half of the year in Changwon City due to decreased sales and decided to broadcast Keirin races held in Gwangmyeong City via video relay.

It is known that the revenue from screen broadcasting is divided with 37.5% going to the place operating the Keirin race and 62.5% to the broadcaster.

This content was produced with the assistance of AI translation services.