2012 -- H 7970

=======

LC02195

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

     Introduced By: Representative Joseph M. McNamara

     Date Introduced: March 20, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 9-1-28 of the General Laws in Chapter 9-1 entitled "Causes of

1-2

Action" is hereby amended to read as follows:

1-3

     9-1-28. Action for unauthorized use of name, portrait, or picture. – (a) Any person

1-4

whose name, portrait, or picture is used within the state for advertising purposes or for the

1-5

commercial purposes of trade without his or her written consent may bring an action in the

1-6

superior court against the person so using his or her name, portrait, or picture to prevent and

1-7

restrain the use thereof, and may recover damages for any injuries sustained by reason of such

1-8

use. If the defendant shall have knowingly used the person's name, portrait, or picture in such

1-9

manner as is prohibited or unlawful, the court, in its discretion, may award the plaintiff treble the

1-10

amount of the damages sustained by him or her.

1-11

     (b) Nothing in this section shall be so construed as to:

1-12

     (1) Apply to the use of names, portraits, or pictures in political speech or on matters of

1-13

public concern;

1-14

     (2) prevent Prevent any person practicing the profession of photography from exhibiting

1-15

in or about his or her or its establishment specimens of the work of the person or establishment,

1-16

unless the exhibiting of any such specimen is continued after written notice objecting to it has

1-17

been given by the person portrayed; and nothing in this section shall be so construed as to or

1-18

     (3) prevent Prevent any person from using the name, portrait, or picture of any

1-19

manufacturer or dealer in connection with the goods, wares, and merchandise manufactured,

1-20

produced, or dealt in by the manufacturer or dealer which the person has sold or disposed of with

2-1

the name, portrait, or picture used in connection therewith, or from using the name, portrait, or

2-2

picture of any author, composer, or artist in connection with any literary, musical, or artistic

2-3

production of the author, composer, or artist which the person has sold or disposed of with the

2-4

name, portrait, or picture used in connection therewith.

2-5

     SECTION 2. This act shall take effect upon passage.

=======

LC02195

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

***

3-1

     This act would exempt the use of names, portraits, or pictures in political speech or on

3-2

matters of public concern from legal actions based on the unauthorized use of names, portraits, or

3-3

pictures.

3-4

     This act would take effect upon passage.

=======

LC02195

=======